AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAIME PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, July 9, 2024
7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing July 2024 As National Parks And Recreation Month
3.b. Presentation On Union City Transit Fleet Electrification, Charging Infrastructure and AVA Charging Service
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
City Council/RSA Agenda 1 Tuesday, July 9, 2024
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Approve The Minutes Of The June 25, 2024 City Council Special Meeting
5.b. Approve The Minutes Of The June 25, 2024 City Council Regular Meeting
5.c. Adopt A Resolution Designating Voting Delegate And Alternate Delegate For 2024 League Of California Cities Annual
Conference In Long Beach
5.d. Adopt A Resolution Authorizing The City Manager To Execute Master Contract No. 902171 With Alameda County For The
Delinquency Prevention Network Youth Service Center (DPNYSC); Accepting The Youth Service Center Fund Allocation For Fiscal Year 2024-2025 And 2025-2026 In The Amount Of
$557,601 To Provide Youth Service Center Services; Approving The Addition Of One Limited-Term Intervention Counselor Position To The Authorized Positions List; And Amending The Fiscal Year 2024-2025 Youth Violence Prevention &
Intervention Fund Budget
5.e. Adopt A Resolution Awarding A Construction Contract To Arrow Sign Company, In The Amount Of $341,306; Approving A Total Construction Budget, In The Amount Of $375,306, Which
Includes A $34,000 Construction Contingency; Approving A Budget Transfer From The General Fund To The Capital
Projects Fund, In The Amount Of $225,306; Approving A
Budget Transfer From The PBID Fund To The Capital Projects Fund, In The Amount Of $150,000; And Appropriating
$375,306 To The Union Landing Pylon Sign Renovation
Project, City Project No. 22-17
5.f. Adopt A Resolution Rejecting All Bids For The Decoto Road Project, Phase 1, City Project No. 23-24
5.g. Adopt A Resolution Accepting $1,507,688 From The
Metropolitan Transportation Commission's (MTC) BusAID
Grant Program For The Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, Amending The Fiscal Year 2024-2025 Capital Projects Fund, ACTIA Measure City Council/RSA Agenda 2 Tuesday, July 9, 2024
B Bike & Pedestrian Paths Fund And ACTIA Measure B
Streets & Roads Fund Budgets, And Authorizing The City
Manager To Sign Supplement No. 4 To The Master Funding
Agreement With MTC For The Alvarado-Niles Road Part-Time Transit Lane Pilot Project, In A Form Approved By The City Attorney
5.h. Adopt A Resolution Approving Union City Transit Fall 2024 Service Changes Effective Saturday, August 10, 2024
5.i. Adopt A Resolution Approving A Two-Year Independent Contractor Agreement With Frank Monge, In An Amount NotTo-Exceed $260,000, To Provide Youth Basketball Services, And Authorizing The City Manager To Execute The Agreement In A Form Approved By The City Attorney
6. CITY MANAGER REPORTS
6.a. Report And Presentation On The Public Works Corporation Yard Impacts From Construction Of Quarry Lakes Parkway - Phase 1, City Project No. 18-04, And The Corporation Yard Master Plan
6.b. Adopt A Resolution Adopting The City Of Union City Flag Policy
7. PUBLIC HEARINGS - None
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. ITEMS REFERRED BY COUNCIL
12. GOOD OF THE ORDER
13. CLOSED SESSION - None
14. ADJOURNMENT
MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
City Council/RSA Agenda 3 Tuesday, July 9, 2024
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.
Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.
ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.
Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.
CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) The City Council of the City of Union City comply with the following norms:
City Council/RSA Agenda 4 Tuesday, July 9, 2024
1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.
6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.
7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.
8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.
9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.
10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.
11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.
May these Council Norms be administered and enforced in the following manner:
1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.
City Council/RSA Agenda 5 Tuesday, July 9, 2024
2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.
3. The City Council can review and revise the Council Norms as needed.
4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.
CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.
City Council/RSA Agenda 6 Tuesday, July 9, 2024
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, July 9, 2024
CITY OF UNION CITY
PROCLAMATION
Proclamation Recognizing July 2024 as National Parks and Recreation Month
WHEREAS, for nearly forty years, the National Recreation and Parks Association (NRPA) has celebrated Parks and Recreation Month in July to promote building strong, vibrant, and resilient communities through the power of parks and recreation; and WHEREAS, NRPA’s theme for 2024 is “Where You Belong,” which celebrates the many ways parks and recreation professionals, along with armies of dedicated volunteers, seasonal employees, and appointed Parks and Recreation Commissioners, foster a sense of belonging in their community by providing welcoming and inclusive programs, essential services for people of all ages and abilities, and safe and accessible spaces to build meaningful connections; and
WHEREAS, Union City has always provided facilities and programs that are welcoming and inclusive, including being the first city in Northern California to partner with Special Olympics to provide inclusive programs for athletes with intellectual disabilities and also being the first in the Bay Area to provide safe and accessible places for the unhoused through the CAREavan Safe Overnight Parking Program; and
WHEREAS, this July, the City of Union City would like to acknowledge our City’s Parks and Recreation Commissioners, some of whom have given over 30 years of their time, energy, and support to champion parks and recreation and all its benefits, being part of both the large and small accomplishments that enhance health and quality of life for all residents in Union City; and WHEREAS, over the last 30 years, the Parks and Recreation Commission has been instrumental in advocating and supporting the Community and Recreation Services and Public Works Departments in their efforts to add, improve, and maintain the City’s parks and recreational amenities, including 11 new parks, the Arboretum at City Hall, John Haley’s Community Garden, Accinelli and Shorty Garcia Sports Fields, Drigon Dog Park, Kennedy Youth Center Remodel, Mark Green Sports Center, Ruggieri Senior Center, and the Skate and Bike Park, to name a few.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Union City does hereby proclaim July 2024 as National Parks and Recreation Month.
DATED: July 9, 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, July 9, 2024
Agenda Item
ATTACHMENTS:
Description Type
PowerPoint Presentation Attachment
Desk Item- Correspondence fromCouncilmember Patiño Attachment City Council/RSA Agenda 9 Tuesday, July 9, 2024
Union City Transit
Fleet Electrification and Charging
Infrastructure Presentation
July 9, 2024 – City Council Meeting
Item 3b, Presentation UC Transit Fleet
Electrification, Charging Infrastructure, and
AVA Charging Service
Stephen Adams, Union City Transit Manager/Marilou Ayupan, Public Works Director City Council/RSA Agenda 10 Tuesday, July 9, 2024
2 State Regulation
California Air Resources Board (CARB) is responsible for protecting the public from harmful effects from air pollution and developing programs to fight climate change. From requirements for clean vehicles and fuels to adopt innovative to reduce GHG emissions, the State has pioneered a range of approaches have set standards for effective air and climate programs.
City Council/RSA Agenda 11 Tuesday, July 9, 2024
3 CARB Program- Innovative Clean Transit
City Council/RSA Agenda 12 Tuesday, July 9, 2024
4 CARB Program- Innovative Clean Transit
On December 14, 2018, the California
Air Resources Board (CARB)
implemented the Innovative Clean
Transit (ICT) regulation requiring all
transit agencies to gradually transition
bus fleets to zero-emission
technologies
City Council/RSA Agenda 13 Tuesday, July 9, 2024
5 CARB Program- Innovative Clean Transit
The regulation requires Union City Transit to
acquire a minimum number of zero-emission
buses (ZEBs) at the time of new bus
procurements based on the following
schedule:
▪ 2026: 25% of Fixed-Route Fleet
Required
▪ 2029 and After:100% of Fixed-Route
Fleet Required
City Council/RSA Agenda 14 Tuesday, July 9, 2024
6 • On February 25, 2020, the City Council approved Resolution No. 5568-20, committing to the procurement of zeroemission UC Transit fixed-route vehicles. • From 2019-2022, UC Transit received Low Carbon Transit Operations Program (LCTOP) from the State of California to support electric vehicle charging infrastructure.
• On August 16, 2022, UC Transit was informed that it was receiving a Federal Transit Administration (FTA) Section 5339(c) Low or No Emission Vehicle (Low-No) discretionary grant.
UC Transit- Innovative Clean Transit Process
City Council/RSA Agenda 15 Tuesday, July 9, 2024
7 • On August 16, 2022, UC Transit was informed that it was receiving a Federal Transit Administration (FTA) Section 5339(c) Low or No Emission Vehicle (Low-No) discretionary grant. The total grant funds for fourteen (14) battery-electric fixed-route buses is about $16.7 million as noted below:
UC Transit- Innovative Clean Transit Process
TYPE OF TRANSIT FUNDS AWARD AMOUNT
FTA Section 5339 (c) $8,490,246
FTA Section 5307 $5,152,287
AB 664 Bridge Tolls $ 343,242
TDA 4.0 Capital $2,741,624
Total Grant Funds $16,727,399
City Council/RSA Agenda 16 Tuesday, July 9, 2024
8 • On October 24, 2023, the City Council approved
Resolution No. 6216-23, approved the UC Transit ZEB
fleet roll-out plan (ROP) in compliance with the CARB
ICT regulation.
• On January 10, 2023, the City Council approved
Resolution No. 6067-23, awarding a contract to Gillig
for the purchase of fourteen (14) battery-electric fixedroute buses.
UC Transit- Innovative Clean Transit Process
City Council/RSA Agenda 17 Tuesday, July 9, 2024
9 UC Transit- Innovative Clean Transit Process
Types of Battery-Electric Fix-Route Buses
City Council/RSA Agenda 18 Tuesday, July 9, 2024
10 • In 2023, Public Works and UC Transit begin
coordination with PG&E to ensure that the Corp Yard
has sufficient loading to charge the new fourteen (14)
battery-electric fixed-route buses.
• In late 2023, PG&E notified UC Transit for an invitation to join PG&E’s EV Fleet Electrification Program to
allow PG&E to begin the design and construction of the
new meter at the Corp Yard to support the new batteryelectric fixed-route buses.
UC Transit - Charging Infrastructure
City Council/RSA Agenda 19 Tuesday, July 9, 2024
11 Under the EV Fleet Electrification Program, PG&E will provide the EV Service Connection, see below.
UC Transit - Charging Infrastructure
City Council/RSA Agenda 20 Tuesday, July 9, 2024
12 Under the AVA Charging As a Service (CaaS) Agreement, AVA will provide EV Supply Infrastructure and Equipment, see below.
UC Transit - Charging Infrastructure
City Council/RSA Agenda 21 Tuesday, July 9, 2024
13 UC Transit - Charging Infrastructure
Ava Community Energy (Ava) has:
• Provided a viable design for Charging Service to support UC Transit’s battery-electric fixed-route buses at the Public Works Corporation Yard
• Been working with UC Transit in conversations with Pacific Gas & Electric (PG&E) to ensure that there is sufficient power to charge the Union City Transit ZEB fleet
Ava & Union City Transit are moving forward with initiating the execution of an CaaS Agreement for the design and
construction for EV Supply and Equipment by 2025 including a 10-year term Maintenance Program.
City Council/RSA Agenda 22 Tuesday, July 9, 2024
14 UC Transit Fleet Electrification and Charging
Infrastructure Presentation
QUESTIONS?
City Council/RSA Agenda 23 Tuesday, July 9, 2024
Charging as a Service for
Union City Transit
Presentation
July 9, 2024 - City Council Meeting
Item 3b, Presentation on Union City Transit Fleet Electrification, Charging Infrastructure and Ava Charging Service
Zac Thompson, Sr. Associate Transportation Electrification City Council/RSA Agenda 24 Tuesday, July 9, 2024
About Ava Community Energy
•Formerly known as East Bay Community Energy (EBCE)
•Launched in 2018 by jurisdictions in Alameda County as a not-for-profit public agency that governs Community Choice Energy service
•Governed by a Board of local elected officials, including Union City Councilmember Jaime Patiño
•Reinvest earnings into community clean energy programs and services, such as Charging as a Service (CaaS)
✓Goal: Electrify Everything
City Council/RSA Agenda 25 Tuesday, July 9, 2024
Ava - How We Operate
City Council/RSA Agenda 26 Tuesday, July 9, 2024
Ava - How We Operate
City Council/RSA Agenda 27 Tuesday, July 9, 2024
Ava - How We Operate
City Council/RSA Agenda 28 Tuesday, July 9, 2024
Ava – Charging as a Service Agreement
1) Background
2) Challenges of Fleet Electrification
3) What is CaaS and What are the
Benefits?
4) CaaS for Union City Transit
5) Next Steps
City Council/RSA Agenda 29 Tuesday, July 9, 2024
Ava - Background
Ava’s Municipal Fleet Electrification Program
▪ Technical assistance provided to jurisdictions at no-cost ▪ Developed 10-year fleet electrification plans, including:
✓ Vehicle replacement schedules, charging infrastructure recommendations, and total cost of ownership analyses
✓ Plans for complying with state regulations re: mediumand heavy-duty fleet electrification City Council/RSA Agenda 30 Tuesday, July 9, 2024
Ava - Background
▪ Jurisdictions still face barriers to implement fleet
electrification plans, particularly around cost and staff bandwidth
AVA now leveraging Tolling Agreement with DC
Fast Charging developer (Calibrant Energy) to
reduce those barriers
City Council/RSA Agenda 31 Tuesday, July 9, 2024
Ava - Challenges of Fleet Electrification
▪Cost Prohibitive for Local Agencies
•Requires significant upfront capital investment
•Ongoing operation and maintenance costs for charging
infrastructure
▪Public procurement process for charging infrastructure is time consuming and requires significant staff bandwidth ▪Managing the installation, ongoing operation, maintenance of charging infrastructure requires additional staffing
▪Charging infrastructure operational risk falls to Union City Transit
City Council/RSA Agenda 32 Tuesday, July 9, 2024
Ava - What is Charging as a Service?
▪Ava works with developer under existing Agreement to buy, build, own, operate fleet charging infrastructure
▪Ava’s contract with development partner includes industry leading operation and maintenance requirements
▪Ava-Union City Transit execute 10-year CaaS Agreement
•Ava charges annual CaaS Fee to recuperate costs
•Ava provides transparency into actual costs incurred by development partner
City Council/RSA Agenda 33 Tuesday, July 9, 2024
Ava - Benefits to Union City Transit?
▪Defers upfront costs
•Ava’s developer provides upfront capital for charging
infrastructure procurement, installation
▪Reduces complexity, need for additional staff bandwidth •No management of public procurement process
•No management of contracts (installation, ongoing O&M) ▪Commercially backed uptime guarantee
City Council/RSA Agenda 34 Tuesday, July 9, 2024
Ava - Charging as a Service Pricing
▪Current fueling budget for CNG buses: $600K/year
•Estimated fueling cost for electric buses: $234K/year
▪Annual CaaS Fee will be determined by:
•Tolling price from developer (TBD)
•Buy-down from $2.1M in already secured grant funding
•Ava financial incentive (TBD)
▪Ava provides pricing transparency throughout CaaS
Agreement negotiation process
City Council/RSA Agenda 35 Tuesday, July 9, 2024
Ava – What’s Been Done to Date
▪Union City Transit has:
•Coordinated with funding agencies on grants/incentives •Coordinated with PG&E on electrical infrastructure
▪In coordination with UCT, Ava and its developer have:
•Selected the charging equipment
•Developed the Conceptual Design
•Developed initial cost estimate
•Developed project timeline
•Delivered draft CaaS Agreement
City Council/RSA Agenda 36 Tuesday, July 9, 2024
Ava - Next Steps
1. City Council grants City Manager authority to negotiate and execute CaaS Agreement with Ava
2. Parties negotiate and execute Agreement
3. Ava’s developer completes pre-dev work (final design, pricing, schedule)
4. Ava’s developer kicks off project development work
City Council/RSA Agenda 37 Tuesday, July 9, 2024
Ava – QUESTIONS?
City Council/RSA Agenda 38 Tuesday, July 9, 2024
Thursday, July 4, 2024
City Council and City Manager
34009 Alvarado-Niles Road
Union City, CA 94587
RE: Agenda Item 3.b – Presentation on Union City Transit Fleet Electrification. Charging Infrastructure and AVA Charging Service Madam Mayor and City Councilmembers,
I am out of the country and cannot attend tonight's meeting.
But I would like to voice my strong support for agenda item 3.b.
The Charging Infrastructure and AVA Charging as a Service Project is a vital and cost efficient way for us to implement the charging infrastructure needed for our incoming electric buses.
Ava has the expertise to help staff implement this project with a very reasonable payment structure.
This expertise will not only help us prepare for our incoming electrical fleet, it will also help us lower our CO2 emissions that will improve the quality of life for all.
Zac and the Ava team are very knowledgeable in their areas and will be an asset to staff during this process.
With that said, I again would like to voice my support for this agenda item.
Thank you,
Jaime R. Patiño
Councilman
City of Union City
City Council/RSA Agenda 39 Tuesday, July 9, 2024
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 40 Tuesday, July 9, 2024
June 25, 2024 | 5:00 PM Page 1 of 3
City Council / Successor Agency
Special Meeting Minutes
MINUTES
CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, June 25, 2024 | 5:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
The meeting was called to order by Mayor Dutra-Vernaci at 5:03 PM.
1.a. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes
City Attorney Kokotaylo announced that the Fair Political Practices Commission (FPPC) recently provided guidance that Mayor Dutra-Vernaci and Councilmember Singh can participate in the discussion on item 3.a. regarding the Business License Tax. Mayor DutraVernaci then indicated that the Council would consider items 3.a and 3.b. concurrently.
2. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. There being no speakers, Mayor Dutra-Vernaci closed Oral Communications.
City Council/RSA Agenda 41 Tuesday, July 9, 2024
June 25, 2024 | 5:00 PM Page 2 of 3
City Council / Successor Agency
Special Meeting Minutes
3. CITY MANAGER REPORTS
3.a. Receive Report On Community Survey Results And Provide Policy Direction On Potential Ballot Measures For Voter Consideration – Business License Tax
City Manager Joan Malloy and Bryan Godbe with Godbe Research delivered a presentation to the Council and responded to questions from council members.
Motion: Direct staff to proceed with an update to the Business License Tax in the November 2024 General Election.
RESULT: Pass
MOVER: Councilmember Sakakihara
SECONDER:Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
Motion: Direct staff to proceed with extension of 8 years to the 5% Utility Users’ Tax on the November 2024 General Election.
RESULT: Fail
MOVER: Mayor Dutra-Vernaci
SECONDER:Councilmember Sakakihara
AYES: Councilmembers Sakakihara and Mayor Dutra-Vernaci NOES: Councilmembers Patiño, Singh, and Vice Mayor Wang ABSENT: None
3.b. Receive Report On Community Survey Results And Provide Policy Direction On Potential Ballot Measures For Voter Consideration – Utility Users’ Tax
The item was heard by the Council concurrently with item 3.a.
3.c. Proposed Amendments To The Fiscal Year 2024-2025 Budget Finance Director Acosta delivered the staff presentation to the Council and responded to questions from council members.
Council received the report.
4. PROCLAMATIONS AND PRESENTATIONS
4.a. Presentation Regarding The 2024 Safe And Sane Fireworks Public Education And Outreach Plan
Management Analyst Segarra delivered the staff presentation to the Council and responded to questions from councilmembers.
8. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:55 PM.
City Council/RSA Agenda 42 Tuesday, July 9, 2024
June 25, 2024 | 5:00 PM Page 3 of 3
City Council / Successor Agency
Special Meeting Minutes
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 43 Tuesday, July 9, 2024
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 44 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 1 of 6
City Council / Successor Agency
Regular Meeting Minutes
MINUTES
CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, June 25, 2024 | 7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:12 PM.
1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.
1.b. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes
City Manager Malloy announced that the applicants for item 6.b. would not attend the public hearing due to illness and requested that the item be removed from tonight’s agenda. Mayor Dutra-Vernaci asked the Council if there were any objections to the request. Councilmember Sakakihara objected and requested that the item continue to be heard at the public hearing. There was no majority support for his objection, and the item was pulled from the agenda.
Councilmembers Sakakihara and Singh made brief remarks about the item.
City Council/RSA Agenda 45 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes
Mayor Dutra-Vernaci stated that while there was no longer an opportunity to speak on item 6.b. members of the public could still speak during Oral Communications.
Mayor Dutra-Vernaci requested that item 7.a. be moved to follow Proclamations and Presentations. The Council agreed to this adjustment.
2. UNFINISHED BUSINESS
There was none.
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Recognizing The San Francisco Opera And “Boheme Out of the Box” Program
Mayor Dutra-Vernaci read the proclamation and presented it to Lee Helms from the San Francisco Opera, who made brief remarks.
7. CITY MANAGER REPORTS
7.a. Adopt a Resolution Approving the Annual Report for the Union Landing Property and Business Improvement District (PBID) for Fiscal Year 2024- 2025; and Adopt a Resolution to Order the Levy and Collection of Assessments for the Union Landing Property and Business Improvement District for Fiscal year 2024-2025.
Economic Community Development Manager Gloria Ortega, Police Lieutenant Paul Kanazeh, and Union Landing Property Owners’ Association President Bill Schrader provided a presentation, including a presentation of the Union Landing PBID Annual Report, and responded to questions from council members.
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
Motion: Adopt a resolution approving the Annual Report for the Union Landing PBID for FY 2024-2025 and a resolution ordering the levy and collection of the annual assessment for the PBID for FY 2024-2025 to fund services for the upcoming fiscal year.
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice
Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
Enactment Nos.: Resolution Nos.: 6322-24 and 6323-24
City Council/RSA Agenda 46 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes
4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following individuals spoke on items not on the agenda:
Salim Mastan
Aunya Shipman
Sue Rudholm
Cathy Start
K.C. Ng
Wendy Huang
Michael Wu
Lama Stella
Kathy Chen
Maggie
Chung
Cynathya Mouton
Sylvia Cheng
Craig Roberts
Albert Tsang
Hong Lin
Elwood McCays
Will Li
Jagruti Kakadia
Suyash Lakhmani
Munaujot Singh
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.
5. CONSENT CALENDAR
Motion: Approve the Consent Calendar, amending item 5.h. by allocating an additional $3,000 to Spectrum Community Services and $3,000 to Union City Family Center, recipients of the CDBG Funds.
RESULT: Pass
MOVER: Councilmember Sakakihara
SECONDER:Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
5.a. Approve The Minutes Of The June 11, 2024 City Council Regular Meeting A motion was made to approve the minutes.
5.b. Adopt A Resolution Authorizing The City Manager To Execute The NoCost And Reduced Cost Interagency Transfer Pilot Program Participation Memorandum Of Understanding, in A Form Approved By The City Attorney
A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6315-24
5.c. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To The Consulting Services Agreement With Universal Building Services & Supplies, In The Amount Of $263,273, For A Total Contract Amount Of $1,652,588, For Custodial Services, City Project No. 21-12
A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6316-24
City Council/RSA Agenda 47 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes
5.d. Adopt A Resolution Authorizing The Union Landing Property Owners Association To Enter Into An Agreement With Sparq Marketing, In A Form Approved By The City Attorney, In An Amount Not To Exceed $150,450 For Marketing Services For The Union Landing Shopping Center A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6317-24
5.e. Adopt A Resolution Awarding A Construction Contract To Marina Landscape, Inc., In The Amount Of $320,888, And Approving A Total Construction Budget Of $336,933, For Union Landing Roadway Access Improvement Project, City Project No. 23-15
A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6318-24
5.f. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classification Of Community Services Manager A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6319-24
5.g. Adopt A Resolution Approving An Amendment To The Classification Plan To Reclassify The Position Of Administrative Assistant II To Building Permit Technician
A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6320-24
5.h. Adoption Of A Resolution Approving The Revised Fiscal Year 2024-2025 Budget
A motion was made to adopt the resolution.
Enactment No.: Resolution No.: 6321-24
6. PUBLIC HEARINGS
6.a. Conduct A Public Hearing, Confirm The Assessment And Order The Levy For The Landscape And Lighting Maintenance District (LLAD) No. 3 For Fiscal Year 2024-2025
City Engineer Azim provided the staff presentation and responded to questions from the Councilmembers.
Mayor Dutra-Vernaci opened the Public Hearing at 8:30 PM. There being no speakers, Mayor Dutra-Vernaci closed the Public Hearing at 8:30 PM.
City Council/RSA Agenda 48 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes
Motion: Adopt a resolution to confirm assessments as described in the Engineer’s Report, levy assessments for FY 2024-25, and direct staff to submit assessments to Alameda County for Placement on Property Tax Roll
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh,
Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
Enactment No.: Resolution No.: 6324-24
6.b. Conduct A Public Hearing And Consider the Adoption Of A Resolution Of The City Council Of The City Of Union City Declaring 35194 AlvaradoNiles Road, Union City, California 94587 Subject To Compliance With All Necessary Conditions
The item was pulled from the agenda.
7. CITY MANAGER REPORTS
7.a. Conduct A Public Hearing And Consider the Adoption Of A Resolution Of The City Council Of The City Of Union City Declaring 35194 AlvaradoNiles Road, Union City, California 94587 Subject To Compliance With All Necessary Conditions
The item was moved earlier in the meeting.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.
9. CITY COMMISSION / COMMITTEE REPORTS
There were none.
10. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported on attending the District 3 Dialogue Meeting, the AVA Community Energy meeting, and the League of California Cities East Bay Division meeting.
Councilmember Sakakihara discussed attending the Revenue Ad Hoc Subcommittee with Councilmember Patiño, as well as meetings with the Parks and Recreation Commission, the Housing Authority of Alameda County, and the League of California Cities Revenue and Taxation Policy Committee.
Vice Mayor Wang reported on the Alameda County Waste Management Authority, District Dialogue Meeting, and Association of Bay Area Governments.
City Council/RSA Agenda 49 Tuesday, July 9, 2024
June 11, 2024 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes
Mayor Dutra-Vernaci reported on her involvement with the Metropolitan Transportation Commission, the US Conference of Mayors, and her attendance at the memorial service for former Union City Councilmember Delane Easton.
11. GOOD OF THE ORDER
Councilmember Patiño reported on attending the National League of Cities Hispanic Elected Local Officials Leadership Retreat, mentioned potentially good news from Townsend that could bring the City some Federal grants, and discussed attending the East Bay Economic Development Alliance, the Life Sciences panel, and the National Association of Latino Elected Officials.
Councilmember Sakakihara reported on attending the East Bay Economic Development Alliance's Life Sciences panel, the final two District Dialogue Meetings for Districts 3 and 4, and the Partnership for the Bay's Future Affordable Housing Seminar.
Councilmember Singh requested revisiting participation in the NLC Prescription Drug Discount for Council consideration. Mayor Dutra-Vernaci directed City Manager Malloy to bring this item to the Legislation and Policy Committee.
Vice Mayor Wang reported on his meeting with the director of the Stanford Asian Liver Center and his attendance at the AAPI Lead Summit in Las Vegas.
Mayor Dutra-Vernaci reported attending the ribbon-cutting ceremony at Washington Hospital for their new trauma center and requested that public works trim a shrub growing into the traffic lane on Alvarado Niles Road between the shopping area and Hampton Inn.
12. CLOSED SESSION
There were none.
13. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:56 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 50 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION DESIGNATING THE VOTING DELEGATE AND
ALTERNATE DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE – OCTOBER 16-18, 2024, IN LONG BEACH
The City Council is asked to adopt a resolution designating the City of Union City’s voting delegate and alternate voting delegate to the Annual Conference of the League of California Cities (LOCC) in Long Beach on October 16-18, 2024.
STRATEGIC PLAN ALIGNMENT
This action has no strategic plan alignment.
BACKGROUND
It is customary for the City of Union City to designate its voting delegate and alternate voting delegate for the Annual Conference of the LOCC.
DISCUSSION
The League of California Cities Annual Conference is scheduled to take place from October 16-18, 2024, at the Long Beach Convention Center, located at 300 E Ocean Blvd, Long Beach, CA. As a member agency of the League of California Cities, Union City has the opportunity to participate in the consideration of resolutions that establish League policy at the annual business meeting.
It is customary (and required by the LOCC bylaws) for the City of Union City to designate its voting delegate and alternate voting delegate for the Annual Conference of the LOCC. Council assignments currently reflect Councilmember Gary Singh as the designated voting delegate to the LOCC, and Councilmember Jaime Patiño as the alternate voting delegate.
City Council/RSA Agenda 51 Tuesday, July 9, 2024
Attached are copies of the Annual Conference Voting Procedures and the 2024 Voting Delegate / Alternate Form. Although a formal City Council resolution is not required to make these designations, staff is proceeding with a resolution for clarity and formalapproval.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution designating the City of Union City’s voting delegate and alternate voting delegate to the Annual Conference of the League of California Cities (LOCC) in Long Beach on October 16-18, 2024.
Prepared by:
Thai Nam Pham, City Clerk
Submitted by:
Thai Nam Pham, City Clerk
ATTACHMENTS:
Description Type
Draft Resolution Resolution
2024 Voting Delegate Form Attachment
2024 Voting Procedures Attachment
City Council/RSA Agenda 52 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY DESIGNATING THE VOTING DELEGATE
AND ALTERNATE VOTING DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE, OCTOBER 16-18, 2024
WHEREAS, the League of California Cities (Cal Cities) will hold its Annual Conference from October 16-18, 2024, at the Long Beach Convention Center in Long Beach, California; and WHEREAS, the Annual Conference includes a General Assembly where Cal Cities members vote on resolutions that establish Cal Cities policy; and WHEREAS, the City of Union City is a member of Cal Cities and is entitled to participate in the consideration of such resolutions; and WHEREAS, Cal Cities requires that each member city designate a voting delegate and may designate up to two alternate voting delegates for the Annual Conference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby designates Councilmember Gary Singh as its Voting Delegate and Councilmember Jaime Patiño as its Alternate Voting Delegate for the League of California Cities Annual Conference to be held in Long Beach, California, from October 16-18, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 53 Tuesday, July 9, 2024
CITY: ________________________________________
2024 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 25, 2024. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name: Email: ______________________________
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:
Title: Title:
Email: ________________________________ Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Wednesday, Sept. 25, 2024
City Council/RSA Agenda 54 Tuesday, July 9, 2024
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
City Council/RSA Agenda 55 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES
DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE MASTER CONTRACT NO. 902171 WITH ALAMEDA COUNTY
FOR THE DELINQUENCY PREVENTION NETWORK YOUTH SERVICE
CENTER (DPN-YSC) ACCEPTING THE YOUTH SERVICE CENTER FUND ALLOCATION FOR FISCAL YEAR 2024-2025 AND 2025-2026 IN THE AMOUNT OF $557,601 TO PROVIDE YOUTH SERVICE CENTER
SERVICES; APPROVING THE ADDITION OF ONE LIMITED-TERM
INTERVENTION COUNSELOR POSITION TO THE AUTHORIZED
POSITIONS LIST;AND AMENDING THE FISCAL YEAR 2024-2025 YOUTH
VIOLENCE PREVENTION & INTERVENTION FUND BUDGET
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Master Contract No. 902171 with Alameda County for the Delinquency Prevention Network - Youth Service Center (DPN-YSC); accepting the Youth Service Center Fund allocation for Fiscal Years 2024-2025 and 2025-2026, in the total amount of $557,601, to provide Youth Service Center services; approving the addition of one limited-term Intervention Counselor position to the Authorized Positions List; and amending the Fiscal Year 2024-2025 Youth Violence Prevention & Intervention Fund budget.
STRATEGIC PLAN ALIGNMENT
This item is in alignment with Goal C (Economic Community Development & Public Safety), Strategy 17: Create plan for leveraging social service resources in Union City and the County to make efficient use of limited resources.
BACKGROUND
The City was awarded the DPN-YSC grant in 2018 from the Alameda County Probation Department to provide Delinquency Prevention Network Services for a Youth Service Center by the Union City Youth & Family Services (YFS) Division. YFS provides counseling, case management, and diversion services at the City Council/RSA Agenda 56 Tuesday, July 9, 2024
Decoto Resource Center, Kennedy Youth Center, and on school campuses. The City has now been awarded a similar grant contract that is set to start on July 1, 2024, once the current DPN-YSC grant expires on June 30, 2024.
DISCUSSION
The YFS Division will continue to provide existing levels of counseling support, case management, and diversion services to Union City youth and their families under the new grant beginning July 1, 2024 through June 30, 2026. To meet the increased demand for counseling services and the growing counseling waitlist, it is recommended that one (1) additional Intervention Counselor position be added to the Authorized Position List on a limited-term basis in conjunction with this grant award.
FISCAL IMPACT
There is no fiscal to the General Fund. The DPN-YSC grant funding of $557,601 will be used for Youth & Family Services staff costs and program supplies that are used in providing services to eligible participants of DPN-YSC programs.
The Fiscal Year 2024-2025 Youth Violence Prevention & Intervention Fund revenue and expenditure fund budgets will need to amended to reflect:
An increase to the revenue projection in Account Number 2440-51033-44052 (Youth Violence Prevention & Intervention Fund – DPN-YSC 2024-2026 – Miscellaneous County Grants) by $58,801, from $220,000 to $278,801; and
An appropriation of $15,098 to Account Number 2440-5109-51033-51110 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-YSC 2024-2026 – Regular Pay).
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:
1. Authorizing the City Manager to execute Master Contract No. 902171 with Alameda County for the Delinquency Prevention Network - Youth Service Center (DPN-YSC);
2. Accepting the Youth Service Center Fund allocation for Fiscal Years 2024-2025 and 2025-2026, in the totalamount of $557,601, to provide Youth Service Center services;
3. Approving the addition of one limited-term Intervention Counselor position to the Authorized Positions List; and
4. Amending the FiscalYear 2024-2025 Youth Violence Prevention & Intervention Fund budget.
Prepared by:
Corina Hahn, Community and Recreation Services Director Submitted by:
Corina Hahn, Community and Recreation Services Director ATTACHMENTS:
Description Type
Draft Resolution Resolution
City Council/RSA Agenda 57 Tuesday, July 9, 2024
Exhibit A -Authorized Positions Listing Exhibit
YSCContract Attachment
City Council/RSA Agenda 58 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE MASTER
CONTRACT NO. 902171 WITH ALAMEDA COUNTY FOR THE
DELINQUENCY PREVENTION NETWORK YOUTH SERVICE
CENTER; ACCEPTING THE YOUTH SERVICE CENTER FUND
ALLOCATION FOR FISCAL YEARS 2024-2025 AND 2025-2026, IN THE AMOUNT OF $557,601, TO PROVIDE YOUTH SERVICE CENTER
SERVICES; APPROVING THE ADDITION OF ONE LIMITED-TERM
INTERVENTION COUNSELOR POSITION TO THE AUTHORIZED
POSITIONS LIST; AND AMENDING THE FISCAL YEAR 2024-2025
YOUTH PREVENTION & INTERVENTION FUND BUDGET
WHEREAS, the Delinquency Prevention Network (DPN) Youth Service Center (YSC) contract from Alameda County Probation Department provides delinquency prevention services to probation-involved and at-promise youth and their families; and WHEREAS, the City of Union City Youth & Family Services (YFS) Division has been awarded a $557,601 grant as the Region #10 Youth Service Center provider serving youth and families from Union City; and
WHEREAS, the term of the Agreement is July 1, 2024, through June 30, 2026; and WHEREAS, the Youth & Family Services (YFS) Division will provide services that are based on a family-strengths approach to stabilize the youth and their family, as well as reduce atrisk behavior by providing interventions that are immediate, culturally aware and sensitive, gender-responsive, and evidence-based.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Master Contract No. 902171 with Alameda County, in the amount of $557,601, and all further amendments for providing delinquency prevention services to youth and families from Union City; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby accepts the Youth Service Center fund allocation for Fiscal Years 2024-2025 and 2025-2026, in the amount of $557,601, to provide Youth Service Center services; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves the addition of one full-time, limited-term, Intervention Counselor position to the City’s Authorized Positions List (Exhibit A); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2024-2025 Youth Violence Prevention & Intervention Fund revenue budget by increasing the revenue projection in Account Number 2440-51033-44502 (Youth Violence Prevention & Intervention Fund – DPN-YSC 2024-2026 – Miscellaneous County Grants) by $58,801, from $220,000 to $278,801; and
City Council/RSA Agenda 59 Tuesday, July 9, 2024
Resolution No. XXXX-24
Master Contract for Youth Service Center, Fund Allocation, New Counselor, Budget Amendment
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2024-2025 Youth Violence Prevention & Intervention Fund expenditure budget by appropriating $15,098 to Account Number 2440-5109-51033-51110 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-YSC 2024-2026 – Regular Pay).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A - City’s Authorized Positions List
City Council/RSA Agenda 60 Tuesday, July 9, 2024
TITLE GRADE 6-30-2023
7-1-2023
CHANGE
CHANGES
MADE DURING
FY 2023-2024
FISCAL YEAR
2023-2024
7-1-2024
CHANGE
CHANGES
MADE DURING
FY 2024-2025
FISCAL YEAR
2024-2025
MAYOR 10010 1.00 - - 1.00 - - 1.00
COUNCIL MEMBER 10020 4.00 - - 4.00 - - 4.00
CITY MANAGER 20010 1.00 - - 1.00 - - 1.00
DEPUTY CITY MANAGER 20020 1.00 - - 1.00 - - 1.00
CITY CLERK 20030 1.00 - - 1.00 - - 1.00
MANAGEMENT ANALYST II 20090 1.00 - - 1.00 - - 1.00
MANAGEMENT ANALYST III 20100 1.00 - - 1.00 - - 1.00
HUMAN RESOURCES ANALYST I 20145 1.00 - - 1.00 - - 1.00
HUMAN RESOURCES ANALYST II 20155 - - - - - - -
HUMAN RESOURCES MANAGER 20180 1.00 - - 1.00 - - 1.00
FINANCE DIRECTOR 20275 1.00 - - 1.00 - - 1.00
HUMAN RESOURCES DIRECTOR 20280 1.00 - - 1.00 - - 1.00
INFORMATION TECHNOLOGY DIRECTOR 20290 1.00 - - 1.00 - - 1.00 BUDGET MANAGER/PURCHASING AGENT 20360 1.00 - (1.00) - - - - ACCOUNTING MANAGER 20360 - - 1.00 1.00 - - 1.00
REVENUE COLLECTIONS MANAGER 20370 1.00 - - 1.00 - - 1.00 CRS MANAGER 20450 1.00 - - 1.00 - - 1.00
CRS DIRECTOR 20470 1.00 - - 1.00 - - 1.00
INTERVENTION COUNSELOR I 20500 1.00 - - 1.00 - - 1.00
CLINICAL SUPERVISOR 20505 1.00 - - 1.00 - - 1.00
COMMUNITY SERVICES MANAGER 20508 1.00 - - 1.00 - - 1.00 ECONOMIC & COMM DEVELOPMENT DIRECTOR 20515 1.00 - - 1.00 - - 1.00 HCD MANAGER 20540 1.00 - - 1.00 - - 1.00
PLANNING MANAGER 20560 1.00 - - 1.00 - - 1.00
CHIEF BUILDING OFFICIAL/SR PLANS EXAMIN 20590 1.00 - - 1.00 - - 1.00 ENVIRONMENTAL PROGRAMS MANAGER 20600 1.00 - - 1.00 - - 1.00 ECONOMIC DEVELOPMENT MANAGER 20630 1.00 - - 1.00 - - 1.00 RECYCLING & SOLID WASTE MGR 20700 1.00 - - 1.00 - - 1.00 PUBLIC WORKS DIRECTOR 20710 1.00 - - 1.00 - - 1.00
PUBLIC WORKS SUPERINTENDENT 20730 1.00 - - 1.00 - - 1.00 CYBER SECURITY MANAGER 20800 1.00 - - 1.00 - - 1.00
CITY ENGINEER 20810 1.00 - - 1.00 - - 1.00
PRINCIPAL CIVIL ENGINEER 20860 1.00 - - 1.00 - - 1.00
STREETS SUPERVISOR 20910 1.00 - - 1.00 - - 1.00
FLEET SUPERVISOR 20911 1.00 - - 1.00 - - 1.00
TRANSIT MANAGER 20912 1.00 - - 1.00 - - 1.00
GROUNDS SUPERVISOR 20920 1.00 - - 1.00 - - 1.00
ADMINISTRATIVE SPECIALIST-CONFIDENTIAL 21010 1.50 - - 1.50 - - 1.50 ASSISTANT TO CITY MANAGER 21050 1.00 (1.00) - - - - -
CHIEF HUMAN RESOURCES OFFICER 21185 - - - - - - -
CHIEF TECHNOLOGY OFFICER 21315 - - - - - - -
SENIOR ACCOUNTANT 30020 2.00 - - 2.00 - - 2.00
ENVIRONMENTAL PROGRAMS INSPECT 30040 2.00 - - 2.00 - - 2.00 BLDG/CODE COMPLIANCE COORDINATOR 30053 1.00 - - 1.00 - - 1.00
AUTHORIZED POSITIONS LISTING
FY 2023-2024 AND FY 2024-2025
Exhibit A
City Council/RSA Agenda 61 Tuesday, July 9, 2024
AUTHORIZED POSITIONS LISTING
FY 2023-2024 AND FY 2024-2025
TITLE GRADE 7-1-2023
7-1-2023
CHANGE
CHANGES
MADE DURING
FY 2023-2024
FISCAL YEAR
2023-2024
7-1-2024
CHANGE
CHANGES
MADE DURING
FY 2024-2025 7-1-2025
SR BLDG/CODE COMPLIANCE INSPEC 30055 1.00 - - 1.00 - - 1.00 ACCOUNTANT 30060 1.00 - - 1.00 - - 1.00
PAYROLL TECHNICIAN 30065 - - - - - - -
LEAD PAYROLL TECHNICIAN 30066 1.00 - - 1.00 - - 1.00
INTERVENTION COUNSELOR (PEG) 30080 1.00 - - 1.00 - 1.00 2.00 CASE MANAGER 30090 3.00 - - 3.00 - - 3.00
HOMELESS PROG COORDINATOR/CASE MGR 30095 1.00 - - 1.00 - - 1.00 RECREATION SUPERVISOR 30100 3.00 - - 3.00 - - 3.00
ENGINEER III (CIVIL) 30120 1.00 - - 1.00 - - 1.00
ENGINEER II (CIVIL) 30130 1.00 - - 1.00 - - 1.00
ENGINEER I (CIVIL) 30150 1.00 - - 1.00 - - 1.00
LEAD CONSTRUCTION INSPECTOR 30185 1.00 - - 1.00 - - 1.00 SENIOR PLANNER 30210 1.00 - - 1.00 - - 1.00
ASSOCIATE PLANNER 30230 2.00 - - 2.00 - - 2.00
ASSISTANT PLANNER 30250 1.00 - - 1.00 - - 1.00
SENIOR SYSTEMS ANALYST 30260 3.00 - - 3.00 - - 3.00
SYSTEMS ANALYST 30265 1.00 - - 1.00 - - 1.00
WEB & DATABASE ADMINISTRATOR 30270 1.00 - - 1.00 - - 1.00 EMERGENCY SERVICES COORDINATOR 30275 1.00 - - 1.00 - - 1.00 SUSTAINABILITY ANALYST II 30320 1.00 - - 1.00 - - 1.00
SENIOR RECREATION SUPERVISOR 30400 1.00 - - 1.00 - - 1.00 ASSISTANT TRANSIT PLANNER 30501 1.00 - - 1.00 - - 1.00
ASSOCIATE TRANSIT PLANNER 30502 0.60 - - 0.60 - - 0.60
ECONOMIC DEVELOPMENT COORDINATOR 30600 - 1.00 - 1.00 - - 1.00 HUMAN RESOURCES TECHNICIAN 30800 1.00 - - 1.00 - - 1.00 POLICE CHIEF 40010 1.00 - - 1.00 - - 1.00
DEPUTY POLICE CHIEF 40015 - 1.00 - 1.00 (1.00) - -
POLICE CAPTAIN 40020 2.00 - - 2.00 - - 2.00
POLICE SERGEANT 40030 13.00 - - 13.00 - - 13.00
POLICE SERGEANT - COPPS 40030 - - 1.00 1.00 - - 1.00
POLICE LIEUTENANT 40040 6.00 - - 6.00 - - 6.00
POLICE OFFICER 40050 55.00 - - 55.00 - - 55.00
POLICE OFFICER - COPPS 40050 3.00 - (1.00) 2.00 - - 2.00 POLICE RECORDS SUPERVISOR 40060 1.00 - - 1.00 - - 1.00
PERSONNEL & TRAINING SUPERVISOR 40063 1.00 - - 1.00 - - 1.00 PROPERTY SUPERVISOR 40065 1.00 - - 1.00 - - 1.00
CRIME ANALYST 40080 1.00 - - 1.00 - - 1.00
COMMUNITY SERVICE AIDE 40090 3.00 - 2.00 5.00 - - 5.00
COMMUNITY RESOURCES COORDINATOR 40095 1.00 - - 1.00 - - 1.00 PROPERTY & EVIDENCE SPECIALIST 40100 2.00 - - 2.00 - - 2.00 POLICE OFFICE ASSISTANT 40140 6.00 - - 6.00 - - 6.00
PUBLIC SERVICES OFFICER II 40180 3.00 - (2.00) 1.00 - - 1.00 POLICE DEPT OFFICE COORDINATOR 40230 1.00 - - 1.00 - - 1.00 CONFIDENTL OPERATION ASSISTANT 40240 3.00 - (1.00) 2.00 - - 2.00 EXECUTIVE ASSISTANT TO THE POLICE CHIEF 40241 - - 1.00 1.00 - - 1.00 FINANCE SPECIALIST III 50100 4.00 - - 4.00 - - 4.00
RECREATION ADMINISTRATIVE TECH 50110 1.00 - - 1.00 - - 1.00
City Council/RSA Agenda 62 Tuesday, July 9, 2024
AUTHORIZED POSITIONS LISTING
FY 2023-2024 AND FY 2024-2025
TITLE GRADE 7-1-2023
7-1-2023
CHANGE
CHANGES
MADE DURING
FY 2023-2024
FISCAL YEAR
2023-2024
7-1-2024
CHANGE
CHANGES
MADE DURING
FY 2024-2025 7-1-2025
RECREATION PROGRAM COORDINATOR 50160 4.00 - - 4.00 - - 4.00 NEIGHBORHOOD PRESERVATION SPECIALIST 50200 - 1.00 (1.00) - - - - NEIGHBORHOOD PRESERVATION INSPECTOR 50200 - - 1.00 1.00 - - 1.00 BUILDING PERMIT TECHNICIAN 50255 - - 1.00 1.00 - - 1.00 BUILDING PERMIT TECHNICIAN II 50251 1.00 - - 1.00 - - 1.00 COMMUNITY DEVELOPMENT TECH 50256 0.50 - - 0.50 - - 0.50 BLDG/CODE COMPLIANCE INSPECTOR 50290 1.00 - - 1.00 - - 1.00 PUBLIC WORKS INSPECTOR 50291 1.00 - - 1.00 - - 1.00
MAINTENANCE II - STREETS 50320 2.00 - - 2.00 - - 2.00
VEHICLE HEAVY EQUIP MECHANIC 50321 2.00 - - 2.00 - - 2.00 VEHICLE EQUIP TECHNICIAN 50326 1.00 - - 1.00 - - 1.00
MAINTENANCE I - STREETS 50330 6.00 - - 6.00 - - 6.00
LEAD FACILITIES MAINTENANCE WORKER 50332 1.00 - - 1.00 - - 1.00 STREET SWEEPER OPERATOR 50341 2.00 - - 2.00 - - 2.00
MAINTENANCE II - PARKS & GROUN 50342 5.00 - - 5.00 - - 5.00 MAINTENANCE TRAINEE-STREETS 50350 1.00 - - 1.00 - - 1.00 FACILITY MAINTENANCE WORKER 50351 3.00 (1.00) - 2.00 - - 2.00 MAINTENANCE I - PARKS & GROUND 50360 13.00 - - 13.00 - - 13.00 LEISURE SERVICES MAINT WORKER 50361 1.00 - - 1.00 - - 1.00 PUBLIC WORKS MAINTENANCE II 50370 1.00 - - 1.00 - - 1.00 FACILITIES MAINT ATTENDANT 50373 0.50 - - 0.50 - - 0.50 SPECIAL PROJECTS COORDINATOR 50380 1.00 - - 1.00 - - 1.00 TECHNICAL SUPPORT SPECIALIST II 50405 2.00 - - 2.00 - - 2.00 OFFICE SPECIALIST I 50500 1.50 - - 1.50 - - 1.50
OFFICE SPECIALIST II 50505 1.95 - - 1.95 - - 1.95
OFFICE SPECIALIST III 50510 1.00 - - 1.00 - - 1.00
TRANSIT ASSISTANT 50515 - - - - - - -
TRANSIT COORDINATOR 50517 1.00 - - 1.00 - - 1.00
ADMINISTRATIVE ASSISTANT I 50520 1.00 0.50 - 1.50 - - 1.50 ADMINISTRATIVE ASSISTANT II 50525 8.00 - (1.00) 7.00 - - 7.00 ADMINISTRATIVE ASSISTANT III 50530 1.50 0.50 - 2.00 - - 2.00 PROGRAM COORDINATOR (SEIU-PT) 50532 2.75 - - 2.75 - - 2.75 L/S PROGRAM MANAGER (SEIU) 50533 1.25 - - 1.25 - - 1.25 L/S PROGRAM MANAGER PT (SEIU) 50533 1.50 - - 1.50 - - 1.50 YOUTH EMPLOYMENT COORD 50536 1.00 - - 1.00 - - 1.00
YOUTH SERVICES SPECIALIST 50537 1.00 - - 1.00 - - 1.00
STREET OUTREACH WORKER 50538 1.00 - - 1.00 - - 1.00
HOMELESS PROG OUTREACH WORKER 50539 0.65 - 0.35 1.00 - - 1.00 PRESCHOOL SITE SUPERVISOR II 50560 2.00 - - 2.00 - - 2.00 PRESCHOOL SITE SUPV I 50561 1.25 - - 1.25 - - 1.25
COMMUNICATIONS COORDINATOR 50566 1.00 (1.00) - - - - -
L/S PROGRAM MANAGER (A) 60069 8.19 - - 8.19 - - 8.19
PROGRAM COORDINATOR (UNREP) 60072 0.97 - - 0.97 - - 0.97 PRESCHOOL TEACHER 60090 2.39 - - 2.39 - - 2.39
PRESCHOOL AIDE 60100 0.53 - - 0.53 - - 0.53
POLICE CADET 60120 4.78 - - 4.78 - - 4.78
City Council/RSA Agenda 63 Tuesday, July 9, 2024
AUTHORIZED POSITIONS LISTING
FY 2023-2024 AND FY 2024-2025
TITLE GRADE 7-1-2023
7-1-2023
CHANGE
CHANGES
MADE DURING
FY 2023-2024
FISCAL YEAR
2023-2024
7-1-2024
CHANGE
CHANGES
MADE DURING
FY 2024-2025 7-1-2025
RECREATION AIDE 60232 3.67 - - 3.67 - - 3.67
RECREATION LEADER 60233 25.10 (12.35) - 12.75 4.03 - 16.78 SENIOR RECREATION LEADER 60234 9.17 - - 9.17 - - 9.17
SEASONAL MAINTENANCE WORKER 60300 1.59 - - 1.59 - - 1.59 PROJECT SPECIALIST 60570 7.82 - - 7.82 - - 7.82
INTERN 60600 0.50 - - 0.50 - - 0.50
PLANNING COMMISSIONER 60700 0.06 - - 0.06 - - 0.06
TOTAL 326.20 (11.35) 0.35 315.20 3.03 1.00 319.23
7-1-2023
7-1-2023
CHANGE
CHANGES
MADE DURING
FY 2023-2024
FISCAL YEAR
2023-2024
7-1-2024
CHANGE
CHANGES
MADE DURING
FY 2024-2025 7-1-2025
1101-CITY COUNCIL 5.00 - 5.00 - 5.00
1201-CITY MANAGER 9.50 (2.00) - 7.50 - 7.50
1400-CITY CLERK 2.00 - 2.00 - 2.00
1500-FINANCE 13.00 - 13.00 - 13.00
1600-HUMAN RESOURCES SERVICES 4.50 - 4.50 - 4.50
1700-INFORMATION TECHNOLOGY SERVICES 9.00 0.50 - 9.50 - 9.50 2100-POLICE 107.78 1.00 - 108.78 (1.00) - 107.78
3000-PUBLIC WORKS 57.69 (0.50) - 57.19 - 57.19
5000-COMMUNITY & RECREATION SERVICES 98.18 (12.35) 0.35 86.18 4.03 1.00 91.21 6000-ECONOMIC & COMMUNITY DEVELOPMENT 19.56 2.00 - 21.56 - 21.56 TOTAL 326.20 (11.35) 0.35 315.20 3.03 1.00 319.23
Department
City Council/RSA Agenda 64 Tuesday, July 9, 2024
110-23 Master Contract No. 902171
Procurement Contract No. 25593
QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.
CONTRACTOR NAME: City of Union City DEPT #: 250301
TITLE/SERVICE: Youth Service Center
DEPT. CONTACT: Bede Anunne PHONE: 510-268-7065
I. INFORMATION ABOUT THE CONTRACTOR YES NO
1. Is the contractor a corporation or partnership?
2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract?
3. If the answer to BOTH questions is YES, provide the employer ID number here: _____
No other questions need to be answered. Withholding is not required.
4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here: 94-6036941 (City)
No other questions need to be answered. Withholding is not required.
5. If the answer to question 2 is NO, continue to Section II.
II. RELATIONSHIP OF THE PARTIES YES NO
1. Does the County have the right to control the way in which the work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
2. Is the contractor restricted from performing similar services for other businesses while he is working for the County?
3. Will the contractor be working for more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)?
4. Is the relationship between the County and the contractor intended to be ongoing?
City Council/RSA Agenda 65 Tuesday, July 9, 2024
110-23 Master Contract No. 902171
Procurement Contract No. 25593
III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT COORDINATORS YES NO
1. Is the contractor being hired for a period of time rather than for a specific project?
2. Will payment be based on a wage or salary (as opposed to a commission or lump sum)?
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, PSYCHOLOGISTS YES NO
1. Will the agreement be with an individual who does not have an outside practice?
2. Will the contractor work more than an average of ten hours per week? IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION 3.
3. Will the County provide more than 20% of the contractor’s income?
4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.
A “YES” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.” All contracts that require withholding must be emailed to the Auditor-Controller Board Approved Contracts Unit ([email protected]), for processing and payment through the payroll System
CERTIFICATIONS:
I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.
Contractor Signature Agency/Department Head/Designee Signature Printed Name Printed Name
Date Date
City Council/RSA Agenda 66 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of ___________________________, is by and between the County of Alameda, hereinafter referred to as the “County”, and City of Union City, hereinafter referred to as the “Contractor”.
WITNESSETH
Whereas, County desires to obtain youth service center services which are more fully described in Exhibit A hereto (“Definition of Services”); and
Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide Youth Service Center Services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit A-1 Specific Requirements, Deliverables/Reports, and Performance Measures Exhibit B Payment Terms
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspension Certification
Exhibit E Contracting Compliance Reporting Requirements Exhibit F Intentionally Left Blank
Attachment A Description of Proposed Services and Implementation Plan and Schedule The term of this Agreement shall be from July 1, 2024 through June 30, 2026.
The compensation payable to Contractor hereunder shall not exceed Five Hundred Thousand Five Hundred Fifty-Seven Six Hundred One dollars ($557,601) for the term of this Agreement. The County neither warrants nor guarantees any minimum compensation to the Contractor under this Agreement.
Payment to Contractor shall be based on actual services performed on behalf of the County.
City Council/RSA Agenda 67 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA CITY OF UNION CITY
By:
Signature
By:
Signature
Name: Detra Dillon
(Printed)
Name:
(Printed)
Title: Procurement Administrator Title:
Date: Date:
By signing above, the signatory warrants
and represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon
behalf of which he/she acted, executed
this Agreement.
City Council/RSA Agenda 68 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor.
Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor’s failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers’ compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week’s notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.
2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively City Council/RSA Agenda 69 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
“Liabilities”) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees’ Retirement Association (ACERA) or California Public Employees’ Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor’s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor’s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or selfinsurance) available to County. Contractor’s excess and umbrella insurance shall also apply on a primary and non-contributory basis for the benefit of the County before County’s own insurance policy or self-insurance shall be called upon to protect it as a named insured.
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
5. WORKERS’ COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
6. CONFORMITY WITH LAW AND SAFETY:
City Council/RSA Agenda 70 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved. c. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
City Council/RSA Agenda 71 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor’s sub-Contractors or third parties at the request of the Contractor (collectively, “Documents and Materials”). This explicitly includes the electronic copies of all above stated documentation.
Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor’s Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty – free license to retain and use said Documents and Materials. The County’s rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor’s services as set forth in Exhibit “A” of this Agreement have been fully performed or paid for.
In Contractor’s contracts with other Contractors, Contractor shall expressly obligate its SubContractors to grant the County the aforesaid assignment and license rights as to that Contractor’s Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub-Contractors.
Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County’s rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any City Council/RSA Agenda 72 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: COUNTY OF ALAMEDA
1111 Jackson Street
Oakland, CA 94607
Attn: Bede Anunne
To Contractor: CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, CA 94587
Attn: Corina Hahn
City Council/RSA Agenda 73 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
d. Contractor shall recruit vigorously and encourage minority - and women-owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's City Council/RSA Agenda 74 Tuesday, July 9, 2024
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employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed.
Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor’s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 11 of this Agreement. Contractor’s obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County’s last payment to Contractor under this Agreement.
19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
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20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Youth Service Center Services shall not exceed $557,601 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION: Contractor is approved by County to participate in contract without SLEB participation. As a result, there is no requirement to be certified or subcontract with another business in order to satisfy the County’s Small and Emerging Locally owned Business provision. The approval is based on:
Contractor as a government agency is a SLEB Exempt Entity.
However, if circumstances or the terms of the contract should change, Contractor may be required to immediately comply with the County’s Small and Emerging Local Business provisions, including but not limited to:
a. Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20% with a certified small or emerging local business(es). b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.
c. Small and/or Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract. Contractor shall ensure that their own certification status and/or that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Program.
d. Contractor shall not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the County department contract representative identified under Item #13 above.
Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance & Reporting (OCCR).
e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System.
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County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small and/or emerging local business.
For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact OCCR via e-mail at [email protected].
22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS: herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
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29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor’s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County’s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County’s prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Paragraph shall confer no rights on any party and shall be null and void.
b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County’s prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C.
Contractor shall verify subcontractor’s compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software (“Contractor Products”) provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, City Council/RSA Agenda 78 Tuesday, July 9, 2024
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“Losses”) arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so. Contractor shall not agree without County’s prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products.
a. If Contractor is obligated to defend County pursuant to this Paragraph 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with County’s defense and/or settlement of such proceeding.
b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance.
c. Notwithstanding this Paragraph 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreement may be extended for incremental periods of up to three years by mutual agreement of the County and the Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. [END OF GENERAL TERMS AND CONDITIONS]
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Exhibit A
EXHIBIT A
DEFINITION OF SERVICES
1. Contractor shall provide youth service center services with the Specific Requirements and Deliverables/Reports set on this Exhibit A, consisting of the following:
Exhibit A-1 Specific Requirements, Deliverables/Reports, and Performance Measures Attachment A Description of Proposed Services and Implementation Plan and Schedule a. This Exhibit A has been drafted to include the requirements contained in the Request for Proposal (RFP) No. 902171, including any addenda, the proposal response of Contractor (Response), and additional services that the County obtained through negotiations, if any. In the event of any conflict (direct or indirect) among any of the exhibits, the RFP and the Response, the more stringent requirements providing the County with the broader scope of services shall have precedence, such that this Exhibit A including all attachments, the scope of work described in the RFP and the scope of work described in Contractor’s proposal shall be performed to the greatest extent feasible. b. The RFP and Response may be relied upon to interpret this Contract and shall be applied in such a manner so that the obligations of the Contractor are to provide the County with the broadest scope of services for the best value.
2. Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term:
Name Title Telephone Email Address
Corina Hahn Intervention
Counselor (510) 675-5277 [email protected]
Lisa Bachmann Clinical Supervisor (510) 675-5217 [email protected] Adrian Valadez Intervention
Counselor (510) 675-5821 [email protected]
Sushil Swamy Intervention
Counselor (510) 675-5820 [email protected]
Yessenia Palomino Case Manager (510) 760-3529 [email protected] Lidia Villalobos Intervention
Counselor (510) 675-5617 [email protected]
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County, which agreement shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this City Council/RSA Agenda 80 Tuesday, July 9, 2024
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Agreement, Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to County’s approval, which approval shall not be unreasonably withheld.
3. The approval of County to a requested change shall not release Contractor from its obligations under this Agreement.
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Exhibit A-1
EXHIBIT A-1
SPECIFIC REQUIREMENTS, DELIVERABLES / REPORTS, AND PERFORMANCE MEASURES A. SPECIFIC REQUIREMENTS
Service Areas to be Serviced
Service Area 10: Union City
94587
Contractors’ services must meet the following requirements, which must consider the diversity of clients overall.
1. Cultural Awareness & Sensitivity: Contractors must utilize culturally responsive methods to serve the target population successfully. Cultural responsivity includes the client’s race, ethnicity, and language capacity, as well as intersectional experiences in various subgroups (e.g., gender, development, exposure to trauma, immigration experience, mental health status, substance use, socioeconomic status, and other factors). Cultural responsivity is enhanced when providers have lived experience or have navigated justice involvement.
2. Positive Youth Development Approach: Contractors must use a Positive Youth Development (PYD) approach when providing services to the target population listed above. PYD1 is a comprehensive way of thinking about the development of children and youth and the factors that facilitate or impede their individual growth and achievement of key developmental stages. The PYD framework is an alternative to viewing adolescent development through the lens of problems and deficits. The PYD frameworks share the following three basic assumptions:
a. Focus on strengths and assets rather than deficits and problems; b. Strengths and assets are usually acquired through positive relationships, especially with pro-social and caring adults; and
c. The development and acquisition of youth assets occur in multiple contexts and environments: home, schools, workplaces, community organizations, social programs, and neighborhoods.
3. Evidence-Based Practices: Correctional practices in which an agency systematically finds, appraises, and appliesthe most current and valid research findings as a basis for developing and implementing targeted interventions and programming proven to reduce recidivism. 1 Butts. J, Mayer. S, and Ruth. G. 2005. Focusing Juvenile Justice on Positive Youth Development. Chapin Hall Center for Children, University of Chicago
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4. Gender Responsive Services: Other important factors, such as developmental age, gender, culture, mental health, cognitive abilities, motivation, and stability (e.g., housing), may influence an individual’s ability to benefit from treatment. Contractor must design activities to create an environment that responds to the realities of the lives of gender-identified, trans, and non-binary individuals and addresses their strengths and challenges.
5. Trauma-Informed Care (TIC) Approach: Contractor must use the following guidelines to ensure that they are conducting a trauma-informed care approach to services:
a. Involvement of trauma survivors, consumers, and family members: These groups have significant involvement, voice, and meaningful choice at all levels and in all areas of organizational functioning (e.g., program design, implementation, service delivery, quality assurance, access to peer support, workforce development, and evaluation). b. Cross-Sector collaboration: There is a collaboration between adult and children/youth services, prevention and treatment, health and human service sectors, education, legal, child welfare, and criminal justice sectors and systems. c. Interventions: All interventions, including screening and assessment, are based on the best available empirical evidence, are culturally appropriate, and reflect principles of a trauma-informed approach. A trusted and effective referral system is in place, and trauma-specific interventions are acceptable, effective, and available for individuals, youth, and families seeking services.
d. Training and workforce development: Training on trauma and how to respond is available for all staff. A human resource system incorporates trauma-informed principles in hiring, supervision, and staff evaluation. Procedures are in place to support staff with trauma histories.
e. Consultation and Supervision: All levels of staff receive regular and ongoing consultation and supervision around issues of trauma, vicarioustrauma, and burnout faced in the workplace, including interactions between staff and clients, and among staff themselves.
f. Physical Environment: Investments are made to ensure the physical environment promotes safety for clients and staff.
g. Quality Assurance: There is an ongoing assessment, tracking, and ongoing of traumainformed principles.
6. Contractor must provide services accessible to clients and their families (including hours of operation and days available).
7. Contractor must perform ongoing, minimum of ten outreach annually in their service areas to promote their services, build connections with local schools, churches, and youth-based City Council/RSA Agenda 83 Tuesday, July 9, 2024
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organizations, and reach youth in the community who could benefit from their services.
Contractor may also utilize a social media presence for outreach purposes.
8. Contractor must have and maintain current job descriptions on file with the Alameda County Probation Department (ACPD) for all personnel whose salaries, wages, and benefits are funded through ACPD. Job descriptions must specify the minimum qualifications for services to be performed and must meet the approval of the ACPD. Contractor must submit revised job descriptions meeting the approval of the ACPD prior to implementing any changes or employing persons who do not meet the minimum qualifications on file with the ACPD.
9. Contractor must provide services to at-promise and system-involved youth, including those who are habitual truants, runaways, and/or youth at risk of becoming wards under Section 601 and youth described in Section 602 of the California Welfare and Institutions Code and their families.
10. Contractor must service the youth referred by sources which include, but are not limited to the following:
a. Probation Department
b. District Attorney
c. Public Defender
d. Juvenile Court
e. Law Enforcement agencies
f. Alameda County Transition Center
g. Parents or youth themselves
h. Local schools
i. School Attendance Review Boards (SARBs) and School Attendance Review Teams (SARTs)
j. Alameda County Crisis Receiving Home (Malabar House)
11. Contractor must make contact and/or document attempts to reach youth and families referred for services within three business days. For any youth referred by Probation Department staff, Contractor must confirm receipt of the service referral request before the close of business on the next business day (Monday through Friday) to confirm the receipt of the referral; and provide service updates (client contact, case plan goals, recommendations, and completion of services) to the Probation staff (or his or her designee) who completed the referral for services.
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a. Services and programs are to be specifically focused on therapeutic counseling, crisis intervention, diversion, and case management services aimed at preventing formal entry into the juvenile justice system or recidivism.
(1) Contractor must provide crisis intervention/counseling services to youth and their families. When providing crisis intervention/counseling services, Contractor must provide up to eight (8) sessions of family therapy at no cost to the client(s) in Alameda County, as needed for stabilization or coordination.
Contractor holding Early Periodic Screening Diagnosis and Treatment (EPSDT) contracts shall provide clients up to six (6) counseling and/or crisis intervention sessions under ACPD funding while determining Medi-Cal eligibility and a diagnosis that meets EPSDT criteria.
(2) Contractor must implement primary treatment techniquesthat combine family crisis interventions with short-term family counseling, using the identified risk factors and presenting problems to assist families in dealing with underlying problems that led to the crisis. Youth and their families should be counseled to cope with stress by developing and/or restoring their problem-solving mechanisms. Each youth is to be seen with his/her family (exceptions are to be documented and must indicate all attempts made to include family), and an assessment shall be completed that includes identification of the strengths, risks, and needs of the referred youth/family.
(3) Contractor must provide the following services:
(a) Counseling:
i. Contractor must complete an assessment that includes the identification of the strengths, risks, and needs of the referred youth/family.
ii. Contractor must implement trauma-informed treatment techniques that combine family crisis interventions with shortterm family counseling, using identified risk factors and presenting problems to assist families in dealing with underlying problems that led to the crisis.
iii. Contractor must counsel youth and their families to cope with stress by developing and or restoring their problem-solving mechanisms.
iv. Contractor must counsel youth on how to regulate their emotions when they are out of control or feel like they want to harm themselves or someone else.
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v. Contractor must provide family counseling services to youth in the presence of his/her birth family, legal guardian, foster parent, and fictive kin, ages 8 and older (exceptions are to be documented and must indicate all attempts made to include family).
(b) Support the Crisis Receiving Home: The Alameda County Crisis Receiving Home (CRH) is a 24-hour, 7 days a week, 365 days a year shelter that provides receiving capability for police departments and other appropriate community agencies approved by ACPD that serve or take atpromise youth into custody. i. Contractor must comply with the following hours of Operation:
• Youth Service Centers are required to support the CRH.
They must have staff on call for the following holidays:
Independence Day, Labor Day, Veteran’s Day, the day after Thanksgiving, Martin Luther King Jr. Day, Presidents Day, and Memorial Day. On Christmas Day, Thanksgiving Day,
and New Year’s Day, Youth Service Centers will not be
responsible for intake and do not need to have staff on call. Other holidays not listed will be treated as a Saturday “on call.”
• On all days listed above, during which the Contractor is observing a holiday and on each Saturday of each month
“on call,” coverage of the CRH is provided between the
hours of 9:00 a.m. – 12:00 p.m. A list of “on call”
counselors shall be provided at the beginning of each
month to the CRH staff, showing the dates of the “on call” coverage and the name and contact numbers for the
agency’s Executive Director and Counseling Supervisor in case of any problems reaching the “on call” counselor
during the weekend or holiday coverage.
• Contractor must develop and maintain procedural
guidelines and conduct staff training in coordination with the CRH in the event of an urgent or crisis situation.
(c) Case Management Services:
i. Contractor must provide case management services that elicit, support, and build on the resilience and potential growth and development inherent in each youth and their family. Case management services shall be provided by a trained Case City Council/RSA Agenda 86 Tuesday, July 9, 2024
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Manager with a focus on developing an individualized family case plan that will consider family concerns, priorities, and resources. ii. Contractor mustscreen youth at intake.
iii. Contractor must assign Case Managers to serve as family and youth advocates and establish working relationships to assist the youth and family with making linkages to access appropriate services in collaboration with the Deputy Probation Officer (DPO) when the youth is on probation and other service providers, as required.
iv. Contractor must ensure that assigned Case Managers work with the Probation staff in support of achieving key milestones specified in the youth’s case plan.
v. Key components of Case Management services shall include:
• Client Engagement: A system of efforts and or attempts to reach clients referred for services and establish a positive relationship or rapport (includes culturally sensitive and responsive approaches) to ensure the client’s awareness of available services and resources;
• Assessment: Determining youth/family strengths and
needs. If referred by a Probation Department staff,
collaborate to understand and support client needs;
• Planning: Develop a specific, comprehensive,
individualized treatment and service plan; work with
Probation Departmentstaff to achieve key milestones
stated in the client case plan;
• Linkage: Referring youth/family for necessary treatments and services, including informalsupportsystems, and/or
coordinating with school counseling services;
• Monitoring: Conducting an ongoing evaluation of
youth/family’s progress;
• Advocacy: Interceding on behalf of youth/family to ensure equity and appropriate services, attending court; and
• Case Closure: Ensuring youth and Probation Department staff (if the youth is active on probation) are clear on when set City Council/RSA Agenda 87 Tuesday, July 9, 2024
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goals have been reached, and the youth feels comfortable carrying out the goals without Case Managers, or when
there is no progress made. Ensuring a plan for after care services, or how youth may access services following
formal termination of service referral.
(d) Diversion Services: Services and programs specifically aimed at diverting identified problem behavior and preventing formal entry into the juvenile justice system. Contractor must provide an intake assessment of the youth and identify areas of need for further intervention. Further intervention can include counseling, educational classes, substance abuse classes, petty theft, anger management, etc.
12. Contractor must, at a minimum, have the following staff group. The professionals providing services through the Contractor must individually meet qualifications set forth by ACPD. (1) Family Counselors providing direct counseling services must have at least a master’s degree in Social Work, Family Therapy, Psychology, Counseling, or a closely related human service field. Master’s level intern must be supervised by a licensed or licensedeligible mental health professional. Family Counselors must have at least three years of family counseling experience.
(2) Case Managers must have at least one year of case management experience and must receive case management supervision and training; or
A minimum of ten college or university-level courses which may be expected to provide the knowledge and skills required for this position. These courses must be equal to or greater than 30 semester units or 45 quarter units successfully completed. Coursework in the field of social sciences is highly desirable.
Contractor must provide the names of the proposed staff with their titles, education, certifications, and licenses (including license numbers), which must be in résumé format (business addresses are sufficient, home contact information for staff should not be provided) upon contract execution. Such documentation and verification is an ongoing requirement for all replacement staff of the Contractor.
13. Contractor may provide services at the following Service Delivery Sites:
a. Provider’s facility;
b. Client’s home;
c. Probation offices;
d. School and/or other sites that support the client and family engagement process.
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14. Implementation Plan and Schedule
Contractors must be ready to receive and service clients at the start of the contract, July 1, 2024. Staff and all necessary provisions must be in place to begin receiving referrals at the start of the contract.
B. DELIVERABLES/REPORTS
1. Monthly Reports: Monthly reports must be submitted with monthly invoice requests by the 10th of each month (or the next business day when the 10th is on a weekend or holiday). Each monthly report should include data for the previous month of service (e.g., the December 10th report should include data on November 1–November 30) and must include, but not be limited to, the following:
a. Names of the youth served each month;
b. Probation case number (if applicable);
c. Date of birth, address, client descriptive information (gender, ethnicity, etc.); d. Types of services;
e. Referral sources;
f. Number of sessions provided to the client for the month; g. Total youth served for the month;
h. Total number of youth served with at least one family member; i. Cumulative total unduplicated youth;
j. Cumulative total unduplicated family members;
k. Youth assessment instrument (as determined by the Probation Department); l. Pre/post assessment scores (if applicable);
m. Closed cases outcome information; and
n. Additional outcome information, as required.
2. Bi-Annual Progress Reports: In addition to monthly data reports, Contractor must submit a biannual narrative report to the ACPD Management Analyst. Bi-annual narrative reports will be due: January 15th (July through December) and July 15th (January through June) of each fiscal year of the contract period.
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3. Referral/Service Status Reports: Contractor must submit a written notification through the Probation case management system to the referring DPO as follows:
a. Before the close of business on the next business day (Monday through Friday) to confirm the receipt of the referral;
b. Within two weeks of the receipt of the referral, provide written notification through the Probation case management system regarding the status of the referral and/or services; c. Within one month from the receipt of the referral, provide written notification through the Probation case management system, if applicable, of the status of the referral and/or services; and
d. Provide written notification through the Probation case management system regarding the outcome of the services (successful/unsuccessful). For the duration of the referral, Contractors must establish and maintain ongoing communication with the youth’s assigned DPO and/or the Program Services Coordinator, as appropriate, regarding the youth’s progress.
C. PERFORMANCE MEASURES
This is a performance-based contract with measurements and standards. The performance measures will assist in determining the quality and efficacy of the services provided. Performance measures focus on whether clients are better off as a result of the services provided. The measurements and benchmarks outlined below; will identify the role an organization plays in community-wide impact by identifying clients who benefit from the services the organization provides. Contractor must provide the following as it pertains to performance measures:
1. Number of Clients
a. Number of youths who received case management services; b. Number of youths who received counseling services;
c. Number of youths who received diversion services;
d. Number of youths who were referred from the Crisis Receiving Home (CRH) and received crisisintervention services;
e. Number/percent of youth on formal probation or court- ordered informal probation; f. Number/percent of system-involved youth (youth who have had some contact with the juvenile justice system), local law enforcement agencies, etc.; g. Number/percent of youth/familiesthat received up to eight sessions of free family therapy for non-EPSDT providers; and
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h. Number/percent of youth/families that received up to six sessions of free family therapy for EPSDT providers.
2. Engagement
a. Of those referred by the CRH, 100% will be connected to a case manager within two hours of referral;
b. 80% of youth referred will be seen with the family within 30 days of the initial counseling session with the youth;
c. 80% of youth will be enrolled into services or provided linkages to services within 60 days of referral;
d. 75% of youth will have a case management plan developed by a case manager within 60 days of referral; and
e. 80% of the youth and families will participate in an assessment of their strengths and needs utilizing the assessment tool determined by Probation within 30 days of the second client session.
f. Contractor must conduct at least ten (10) outreach efforts/activities per year within their specific service area.
3. Performance
a. 75% of youth referred for case management will successfully complete the terms noted in their case management plan;
b. 80% of youth referred for diversion services will successfully complete the terms noted in their diversion plan;
c. 75% of youth who complete individual or family counseling experience an improvement in their overall well-being based upon - an assessment instrument to be determined by Probation;
d. 70% of youth/families will demonstrate improved family functioning based upon - an assessment instrument to be determined by Probation;
e. 75% of youth will demonstrate stabilized behavior/experience a reduction of identified risk behaviors, based upon an assessment instrument to be determined by Probation; and
f. 75% of youth on probation will not be re-arrested while receiving services.
City Council/RSA Agenda 91 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit B
EXHIBIT B
PAYMENT TERMS
1. County will use its reasonable efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice.
2. Invoices will be reviewed for approval by the Alameda County Probation Department. a. Invoices and supporting documents must be submitted via ACPD’s online Invoice Portal. A designated link and training will be provided by ACPD.
b. Invoices will be reviewed for accuracy and approval by ACPD.
c. Invoices must adhere to the template provided by ACPD.
d. The service type provided, units, and rates must be consistent with, and comply with, the terms of the contract.
Personnel Title and FTE % Total Program
Budget for Year 1
Total Matching Funds
for Year 1
(if applicable)
Total Requested from
the County for Year 1
Total Program
Budget for Year 2
Total Matching Funds
for Year 2 (if applicable)
Total Requested from
the County for Year 2
Director (.01 FTE) $ 2,054 $ 760 $ 1,294 $ 2,157 $ 798 $ 1,359 Manager (.10 FTE) $ 15,040 $ 5,565 $ 9,475 $ 15,792 $ 5,843 $ 9,949 Clinical Supervisor (.5 FTE) $ 64,336 $ 23,804 $ 40,532 $ 67,553 $ 24,994 $ 42,558 Intervention Counselor (.46 FTE) $ 51,295 $ 18,979 $ 32,316 $ 53,860 $ 19,928 $ 33,932 Intervention Counselor (.33 FTE) $ 39,105 $ 14,469 $ 24,636 $ 41,060 $ 15,192 $ 25,868 Case Manager (.30 FTE) $ 25,477 $ 9,427 $ 16,051 $ 26,751 $ 9,898 $ 16,853 Case Manager (.25 FTE) $ 15,099 $ 5,587 $ 9,512 $ 15,854 $ 5,866 $ 9,988 Data Administrative Asst (.10 FTE) $ 8,349 $ 3,089 $ 5,260 $ 8,767 $ 3,244 $ 5,523 Benefits $ 140,922 $ 52,141 $ 88,781 $ 147,968 $ 54,748 $ 93,220 SUBTOTAL $ 227,856 $ 239,249
Program/Operating Cost Total Program
Budget for Year 1
Total Matching Funds
for Year 1
(if applicable)
Total Requested from
the County for Year 1
Total Program
Budget for Year 2
Total Matching Funds
for Year 2 (if applicable)
Total Requested from
the County for Year 2
Supplies $ 5,200 $ 1,924 $ 3,276 $ 5,200 $ 1,924 $ 3,276 Services $ 6,000 $ 2,220 $ 3,780 $ 6,000 $ 2,200 $ 3,780 SUBTOTAL $ 7,056 $ 7,056
Total Program
Budget for Year 1
Total Program Budget
for Year 2
$ 37,288 $ 39,096
SUBTOTAL $ 37,288 $ 39,096
Total Program
Budget for Year 1
Total Program Budget
for Year 2
GRAND COUNTY TOTAL $ 272,200 $ 285,401
$ 361,676 $ 379,760
$ 11,200 $ 11,200
Indirect/Administrative Cost (Not to
exceed 10%)
City Council/RSA Agenda 92 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit B
3. Total payment under the terms of this Agreement will not exceed the total amount of $557,601. This cost includes all taxes and all other charges.
4. No Supplanting of Funds: Contractor agrees that funds awarded under this contract will not be used to supplant expenditures from other contracts or programs.
5. Budget Justification
The City of Union City Youth & Family Services is proposing 2.05 FTE of total staff for the Youth Service Center program. This proposal of 4,264 service hours, includes 1.84 FTE direct hours of service to 85 youth annually in Service Area 10. The gross costs to serve youth through Youth Service Center program in Year 1 is $410,164; and Year 2 (FY 2025/26) is $430,057. The budget summary below includes both salary and benefits with an annual estimated COLA adjustment. The City is estimating an approved 0MB A-87 overhead rate of 10% which has been applied for staff, supplies and service costs.
Union City Youth & Family Services Budget Summary
Position Salary Benefit FTE Hours Total$
CRS Director $97.81 $53.17 0.01 21 $3,171
YFS Manager $72.30 $36.39 0.10 208 $20,528
Clinical Supervisor $61.86 $42.28 0.50 1,040 $108,305
Intervention Counselor $53.60 $34.01 0.46 957 $83,843
Intervention Counselor $57.00 $24.76 0.33 686 $56,807
Case Manager $40.83 $36.29 · 0.30 624 $48,117
Case Manager $29.04 $21.39 0.25 520 $26,223
Data Administrative Asst $40.14 $30.45 0.10 208 $14,682 Subtotal Salary and Benefits: 2.05 4,264 $361,676
Subtotal - Supplies: $5,200
Subtotal - Services: $6,000
Subtotal - Overhead @ 10%: $37,288
Total Costs: $410,264
Union City Match @ 34%: $168,064
Year 1 (FY 2024/25) Funding Request@ 66%: $272,200
Year 2 (FY 2025/26) Funding Request (with COLA): $285,401 City Council/RSA Agenda 93 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit B
Key Staff and Costs:
Union City Youth & Family Services is a small but mighty team who has experienced some transition in the last few years and faced a few challenges recruiting qualified direct services provides. These include
1.29 FTE of counseling staff who will provide the minimum of 8 free counseling sessions to all Service Area 10 referred youth.
The counseling staff consists of Clinical Supervisor (Lisa Bachmann LMFT) and 2 Intervention Counselors (Adrian Valadez LCSW and 1 currently vacant position) who provide youth and their families counseling services at the YFS offices located at the Decoto Resource Center. The budget also includes .55 FTE of experienced Case Managers (Sushil Swamy and Yessenia Palomino) work at the YFS offices, the Kennedy Youth Center, and at the New Haven Unified School District school sites to provide case management and diversion services where the youth feel most comfortable. YFS is administratively supported by the Director of Community & Recreation Services (Corina Hahn), YFS Manager (currently vacant) and Data Administrative Assistant (Lidia Villalobos).
In-Kind, Matching or Leverage Funds:
As a municipal agency, the City of Union City- Youth & Family Services Division of the Community & Recreation Services Department has the support of a robust finance department that has years of experience administering county, state, federal, and private funds. The City is currently receiving DPN funding through Alameda County Probation and leverages the Union City General Fund Budget. The most recent City of Union City Financial Data can be found on the City's website at https://www.unioncity.org/253/Financial-Reports.
Union City is committed to supporting YFS to provide counseling and case management services for youth and their families. Through the General Fund and the Utility User Tax, the City can leverage approximately 37% of the proposed program for the Youth Service Center (Area 10).
City Council/RSA Agenda 94 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit C
EXHIBIT C
INSURANCE REQUIREMENTS
COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability; Abuse, Molestation, Sexual Actions, and Assault and Battery $1,000,000 per occurrence (CSL)
Bodily Injury and Property Damage
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities $1,000,000 per occurrence (CSL)
Any Auto
Bodily Injury and Property Damage
C Workers’ Compensation (WC) and Employers Liability (EL) Required for all contractors with employees
WC: Statutory Limits
EL: $1,000,000 per accident for bodily injury or disease D Professional Liability/Errors & Omissions
Includes endorsements of contractual liability and defense and indemnification of the County $1,000,000 per occurrence
$2,000,000 project aggregate
E Endorsements and Conditions:
1. ADDITIONAL INSURED: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Auto policy shall contain or be endorsed to contain additional insured coverage for the County.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained and evidence of insurance must be provided during the entire term of the Agreement and for at least five (5) years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall be primary and non-contributory coverage at least as broad as ISO CG 20 10 04 13 as respects the County, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with an A.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of California unless otherwise acceptable by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Self-insured retentions must be declared and approved. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The policy language shall provide or be endorsed to provide, that the self –insured retention may be satisfied by either the named insured or County.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit.
6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.
7. CANCELLATION OF INSURANCE: Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice of cancellation provided to the County in accordance with policy terms and conditions.
1. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of insurance and applicable insurance endorsements as set forth in the provisions of this Agreement and this Exhibit C, in forms satisfactory to County, evidencing that all required insurance coverage is in effect.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contactor’s obligation to provide them. The County reserves the right to require the Contractor to provide complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Certificate C-2C with EO Page 1 of 1 (Rev. 3/30/2020)
City Council/RSA Agenda 95 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit D
EXHIBIT D
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.
CONTRACTOR (COMPANY):
NAME/TITLE OF AUTHORIZED SIGNER:
SIGNATURE: DATE:
City Council/RSA Agenda 96 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit E
EXHIBIT E
COUNTY OF ALAMEDA
CONTRACT COMPLIANCE REPORTING REQUIREMENTS
The County of Alameda utilizes Elation Systems, a third-party compliance system to monitor subcontractor utilization requirements.
County project managers will provide a special access code to contractors and subcontractors participating in this contract to allow them to register to use Elation Systems (at https://www.elationsys.com/APP/) free of charge.
Upon receipt of signed contract documents, the prime contractor shall immediately enter subcontractors (contributing towards utilization requirements) in the System, confirm payments received from the County within five business days in the System, immediately enter payments made to subcontractors, and ensure that subcontractors confirm they received payments within five business days in the System. Subcontractors shall confirm their payments received from the prime contractor within five business days in the System.
Elation Systems support, resources, and assistance are available online to registered contractors awarded a contract as a result of this bid process for this project and participating registered subcontractors.
It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and able to utilize Elation Systems as required.
City Council/RSA Agenda 97 Tuesday, July 9, 2024
Master Contract No. 902171
Procurement Contract No. 25593
Exhibit F
EXHIBIT F
***INTENTIONALLY LEFT BLANK***
City Council/RSA Agenda 98 Tuesday, July 9, 2024
ATTACHMENT A
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12
DESCRIPTION OF PROPOSED SERVICES AND IMPLEMENTATION PLAN
AND SCHEDULE
City Council/RSA Agenda 99 Tuesday, July 9, 2024
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12 City Council/RSA Agenda 100 Tuesday, July 9, 2024
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12 City Council/RSA Agenda 101 Tuesday, July 9, 2024
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12 City Council/RSA Agenda 102 Tuesday, July 9, 2024
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12 City Council/RSA Agenda 103 Tuesday, July 9, 2024
DocuSign Envelope ID: 680AD1CE-9097-4E90-9D77-7FA30CB86A12 City Council/RSA Agenda 104 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ARROW SIGN COMPANY, IN THE AMOUNT OF $341,306; APPROVING A TOTAL CONSTRUCTION BUDGET, IN THE AMOUNT OF $375,306, WHICH INCLUDES A $34,000 CONSTRUCTION CONTINGENCY;
APPROVING A BUDGET TRANSFER FROM THE GENERAL FUND TO
THE CAPITAL PROJECTS FUND, IN THE AMOUNT OF $225,306;
APPROVING A BUDGET TRANSFER FROM THE PBID FUND TO THE
CAPITAL PROJECTS FUND, IN THE AMOUNT OF $150,000; AND
APPROPRIATING $375,306 TO THE UNION LANDING PYLON SIGN
RENOVATION PROJECT, CITY PROJECT NO. 22-17, IN THE CAPITAL
PROJECTS FUND
Staff recommends that the City Council adopt a resolution awarding a construction contract to Arrow Sign Company, in the amount of $341,306; approving a total construction budget in the amount of $375,306, which includes a $34,000 construction contingency; approving a budget transfer from the General Fund to the Capital Projects Fund, in the amount of $225,306; approving a budget transfer from the PBID Fund to the Capital Projects Fund, in the amount of $150,000; and appropriating $375,306 to the Union Landing Pylon Sign Renovation Project, City Project No. 22-17, in the Capital Projects Fund.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 4: Working with the Union Landing Property Owner’s Association to ensure Union Landing remains a destination for shoppers through property improvements, on-going property maintenance, and a continued focus on public safety.
BACKGROUND
City Council/RSA Agenda 105 Tuesday, July 9, 2024
The Union Landing Property Business Improvement District (“PBID”) is an assessment district created by the City, with approval of the property owners, to fund security and marketing services for the Union Landing Shopping Center (Union Landing). The Union Landing Property Owners’ Association (“ULPOA”) is represented by a five-member Board of Directors (“Directors”), whose powers and responsibilities are to manage the PBID funds, direct the implementation of services and improvements, and to establish priorities of how funds will be spent.
On June 25, 2024, the City Council adopted Resolution No. 6323-24, authorizing the levy and collection of annual assessment fees to fund necessary activities and projects for the PBID for FY 2024-2025. The City Council also adopted Resolution No. 6322-24, approving the PBID Annual Report for FY 2024-2025, which identified the activities that would be funded and the assessments that would be levied to pay for those activities. The PBID funds provide funding for three dedicated full-time sworn Union City Police Officers at Union Landing, marketing activities including capital projects to support the shopping center and reflect the center’s new branding, other administrative costs, and the rental of the police substation.
The City Council and the ULPOA have established a goal of maintaining Union Landing’s status as a major regional retail destination, one that generates substantial revenues for the City. It is essential to maintain the center’s branding and assets to achieve this goal. This includes the center’s most unique landmarks alongside I-880, the Union Landing pylon signs. These pylon signs, which are City owned, are seen by over 200,000 daily drivers and serve as valuable advertising opportunities for businesses to attract visitors to the center.
Despite its significance to the City and the center, the pylon signs are over 20 years old and reflect outdated Union Landing logos, faded façade paint, and aging electrical equipment. Consequently, a refresh of the pylon signs has been identified as the next project to support the on-going improvement of the shopping center.
Costs for maintaining the signs are funded through license agreements with various businesses in Union Landing. The license agreements provide that the license holders are required to pay a license fee to cover the capitalcosts of constructing the signs (either in a lump sum or on an annual basis over the life of the agreement) and compensate the City for certain maintenance costs which include some of the costs associated with the proposed project.
DISCUSSION
On May 8, 2024, plans and specifications for the project were released and advertised for bid. The scope of work includes removing existing neon tubing signs on top and logos on bottom, pressure washing and painting exterior surfaces, fabricating and installing stainless steel strips for the semi-circular side rings, and installing illuminated channel letter signs on top and non-illuminated pin-wheel logos on the bottom for the two pylon signs at Union Landing Shopping Center. Two bids were received on June 12, 2024 (see Exhibit A).
The lowest bid of $341,306 was submitted by Arrow Sign Company. The engineer’s estimate for the project was $560,000. The bid is significantly lower than the engineer’s estimate, which is positive news, approximately 39% lower overall.
Arrow Sign Company has extensive experience in constructing pylon signs. They have constructed pylon signs for retail centers such as “The Block” at Pacific Commons in Fremont, Bayfair Center in San Leandro, and one of the Union Landing pylon signs. Related to that, they are familiar with the pylon signs and the previous construction drawings. Additionally, both Arrow Sign Company and their paint subcontractor are localand fabricate signs in facilities near the Bay Area, which helps to keep the costs down.
Given the extensive experience, local presence, familiarity with one of the two pylon signs, and the favorable construction cost, staff recommend the project be awarded to Arrow Sign Company.
Following the standard practice of allocating a contingency amount to address any unforeseen conditions that City Council/RSA Agenda 106 Tuesday, July 9, 2024
may require additional work, staff recommends approximately 10% be included in the project budget for a construction contingency to ensure a successful project. The total estimated cost for the construction phase is as follows:
Construction Contract $341,306
Contingency (9.96%) $34,000
Total Construction Cost $375,306
Construction for this project is anticipated to begin in mid-July 2024 and to be completed in early November 2024 to coincide with the beginning of the holiday shopping season.
The FY 2024-2025 PBID budget, approved by both the ULPOA and the City Council in June 2024, includes an allocation of $150,000 towards the project. Additionally, the City is contributing $150,000 from the General Fund, which was appropriated in the revised FY 2024-2025 Budget adopted by the City Council at the June 25, 2024, meeting, per Resolution No. 6321-24. Further, the City successfully auctioned off an existing half panel on one of the pylon signs to Verizon Wireless for $35,000, which will allow Verizon to advertise on the sign for approximately 10 years. This timeline generally coincides with the expiration of the license agreements for the other panels. Proceeds from the auction will be utilized to cover a portion of the project costs. Staff is in the process of finalizing a license agreement with Verizon Wireless.
The remaining cost (approximately $40,306) will be shared by the pylon signs license holders at an approximate cost of $2,400 for a full paneland $1,200 for a half panel. Staff will invoice the license holders after the project is complete and their exact contribution is known. Similar to other maintenance costs related to the pylon sign that are charged to the license holders, the City will pay for the license holders’ share of the construction costs in advance until each license holder’s payment is received. Should the City not receive a license holder’s payment as required under their license agreement, the City will take the necessary actions to recoup the funds or otherwise take appropriate action under the terms of the license agreement.
FISCAL IMPACT
Total estimated construction costs of $375,306 will be accounted for in the Capital Projects Fund (Account Number 4100-3199-92217-54111). The funding for this project will come from the funding sources below and will be transferred to the Capital Projects Fund.
Funding Source Account Number Amount
New Union Landing Pylon Sign
Licensee – General Fund
1110-41022-45308 $35,000*
City of Union City - General Fund 1110-8888-00000-59101 $150,000 Union Landing Property Owners’
Association - PBID Fund
2260-6101-41041-54111 $150,000
Current Union Landing Pylon Sign
Licensees – General Fund
1110-41022-45308 $40,306
Total Budget $375,306
* Proceeds from the auction of the half-panel to Verizon Wireless
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:
City Council/RSA Agenda 107 Tuesday, July 9, 2024
1. Awarding a construction contract to Arrow Sign Company in the amount of $341,306, for the construction of the Union Landing Pylon Sign Renovation Project, City Project No. 22-17; and
2. Approving a total construction budget, in the amount of $375,306, for the construction contract and a construction contingency; and
3. Approving a budget transfer, in the amount of $225,306, from the General Fund (Account Number 1110-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and
4. Approving a budget transfer, in the amount of $150,000 from the PBID Fund (Account Number 2260-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and
5. Appropriating the $375,306 transferred to the Capital Projects Fund to the Union Landing Pylon Sign Renovation Project, City Project No. 22-17 (Account Number 4100-3199-92217-54111).
Prepared by:
Tommy Cho, Principal Civil Engineer
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Exhibit A - Bid Results Exhibit
Desk Item- Updated Draft Resolution Resolution
City Council/RSA Agenda 108 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
ARROW SIGN COMPANY, IN THE AMOUNT OF $341,306; APPROVING A TOTAL CONSTRUCTION BUDGET, IN THE AMOUNT OF $375,306, WHICH INCLUDES A $34,000 CONSTRUCTION CONTINGENCY;
APPROVING A BUDGET TRANSFER FROM THE GENERAL FUND TO
THE CAPITAL PROJECTS FUND, IN THE AMOUNT OF $225,306;
APPROVING A BUDGET TRANSFER FROM THE PBID FUND TO THE
CAPITAL PROJECTS FUND, IN THE AMOUNT OF $150,000; AND
APPROPRIATING $375,306 TO THE UNION LANDING PYLON SIGNS RENOVATION PROJECT, CITY PROJECT NO. 22-17, IN THE CAPITAL
PROJECTS FUND
WHEREAS, the Union Landing Property Improvement District (PBID) is an assessment district created by the City, with the approval of the property owners, to fund security and marketing services for the Union Landing Shopping Center (Union Landing); and WHEREAS, the Union Landing Property Owners Association (ULPOA) is represented by a five-member Board of Directors (Directors), whose powers and responsibilities are to manage the PBID funds, direct the implementation of services and improvements. and to establish priorities of how funds will be spent; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 6323-24, authorizing the levy and collection of annual assessment fees to fund necessary activities and projects for the Union Landing Property and Business Improvement District (PBID) for FY 2024- 2025; and
WHEREAS, on June 25, 2024, the City Council also adopted Resolution No. 6322-24, approving the PBID Annual Report for FY 2024-2025, which identified the activities that would be funded and the assessments that would be levied to pay for those activities; and WHEREAS, the City Council and the ULPOA have established a goal of maintaining Union Landing’s status as a major regional retail destination, one that generates substantial revenues for the City, and it is essential to maintain the center’s branding and assets to achieve this goal; and
WHEREAS, the Union Landing pylon signs are the center’s most unique landmarks alongside I-880, which are seen by over 200,000 daily drivers and serve as valuable advertising opportunities for businesses to attract visitors to the center. Despite its significance to the City and the center, the pylon signs are over 20 years old and reflect outdated Union Landing logos, faded façade paint, and aging electrical equipment. Consequently, a refresh of the pylon signs has been identified as the next project to support the on-going improvement of the shopping center; and WHEREAS, costs for maintaining the signs are funded through license agreements with various businesses in Union Landing. The license agreements provide that the license holders are required to pay a license fee to cover the capital costs of constructing the signs (either in a lump sum or on an annual basis over the life of the agreement) and compensate the City for certain maintenance costs which include some of the costs associated with the proposed project; and City Council/RSA Agenda 109 Tuesday, July 9, 2024
Resolution No. XXXX-24
Award Union Landing Pylon Signs Renovation Project to Arrow Sign Company
WHEREAS, on May 8, 2024, plans and specifications for the project were released and advertised for bid. Two bids were received on June 12, 2024, labeled Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the scope of work includes removing existing neon tubing signs on top and logos on bottom, pressure washing and painting exterior surfaces, fabricating and installing stainless steel strips for the semi-circular side rings, and installing illuminated channel letter signs on top and non-illuminated pin-wheel logos on the bottom for the two pylon signs at Union Landing Shopping Center; and
WHEREAS, the lowest bid of $341,306 was submitted by Arrow Sign Company, which is approximately 39% less than the engineer’s estimate for the project at $560,000; and WHEREAS, Arrow Sign Company has extensive experience in constructing pylon signs, completing such pylon sign projects as “The Block” at Pacific Commons in Fremont, Bayfair Center in San Leandro and one of the Union Landing pylon signs. Therefore, they are familiar with our pylon signs and have all the previous construction drawings; and WHEREAS, the total recommended construction budget to complete the Union Landing Pylon Signs Renovation Project, City Project No. 22-17, is $375,306, which includes about a 10% project contingency; and
WHEREAS, the City and the ULPOA will both contribute $150,000 each towards the construction expenses. Additionally, $35,000 generated from the auction of a half-panel on one pylon sign will be allocated to the project; and
WHEREAS, the remaining cost (approximately $40,306) will be shared by the pylon signs license holders. Similar to other maintenance costs related to the pylon signs that are charged to the license holders, the City will pay for the license holders’ share of the construction costs in advance until each license holder’s payment is received. Should the City not receive a license holder’s payment as required under their license agreement, the City will take the necessary actions to recoup the funds or otherwise take appropriate action under the terms of the license agreement; and
WHEREAS, the total estimated construction costs of $375,306 will be accounted for in the Capital Projects Fund (Account Number 4100-3199-92217-54111). The funding for this project will come from the funding sources below and will be transferred to the Capital Projects Fund.
Funding Source Account Number Amount
New Union Landing Pylon Sign
Licensee – General Fund 1110-41022-45308 $35,000*
City of Union City - General Fund 1110-8888-00000-59101 $150,000 Union Landing Property Owners’
Association - PBID Fund 2260-6101-41041-54111 $150,000
Current Union Landing Pylon Signs
Licensees – General Fund 1110-41022-45308 $40,306
Total Budget $375,306
City Council/RSA Agenda 110 Tuesday, July 9, 2024
Resolution No. XXXX-24
Award Union Landing Pylon Signs Renovation Project to Arrow Sign Company
* Proceeds from the auction of the half-panel to Verizon Wireless NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards the construction contract to Arrow Sign Company, of Oakland, California, in the amount of $341,306, and approves a construction budget, in the amount of $375,306, for the Union Landing Pylon Signs Renovation Project, City Project No. 22-17; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a budget transfer, in the amount of $225,306, from the General Fund (Account Number 1110-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a budget transfer, in the amount of $150,000, from the PBID Fund (Account Number 2260-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates the $375,306 transferred to the Capital Projects Fund to the Union Landing Pylon Signs Renovation Project, City Project No. 22-17 (Account Number 4100-3199-92217-54111).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9th day of April by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Bid Results
City Council/RSA Agenda 111 Tuesday, July 9, 2024
CITY OF UNION CITY
BID SUMMARY
PROJECT: Union Landing Pylon Sign Renovation Project,
City Project No. 22-17
PROJECT MANAGER: Tommy Cho, Principal Civil Engineer
[email protected]
DATE: June 12, 2024
TIME: 2:00 p.m.
LOCATION: City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587
No BIDDERS BID AMOUNT
*CORRECTED
BID AMOUNT
1. Square Signs LLC dba Front Signs $464,042.50 *$464,042.54
2. Arrow Sign Company $341,306.00 N/A
3. 4.
I, Thai Nam Pham, City Clerk of the City of Union City, do hereby certify that on June 12, 2024, I received and opened two (2) bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.
Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 112 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
ARROW SIGN COMPANY, IN THE AMOUNT OF $341,306; APPROVING A TOTAL CONSTRUCTION BUDGET, IN THE AMOUNT OF $375,306, WHICH INCLUDES A $34,000 CONSTRUCTION CONTINGENCY;
APPROVING A BUDGET TRANSFER FROM THE GENERAL FUND TO
THE CAPITAL PROJECTS FUND, IN THE AMOUNT OF $225,306;
APPROVING A BUDGET TRANSFER FROM THE PBID FUND TO THE
CAPITAL PROJECTS FUND, IN THE AMOUNT OF $150,000; AND
APPROPRIATING $375,306 TO THE UNION LANDING PYLON SIGNS RENOVATION PROJECT, CITY PROJECT NO. 22-17, IN THE CAPITAL
PROJECTS FUND
WHEREAS, the Union Landing Property Improvement District (PBID) is an assessment district created by the City, with the approval of the property owners, to fund security and marketing services for the Union Landing Shopping Center (Union Landing); and WHEREAS, the Union Landing Property Owners Association (ULPOA) is represented by a five-member Board of Directors (Directors), whose powers and responsibilities are to manage the PBID funds, direct the implementation of services and improvements. and to establish priorities of how funds will be spent; and
WHEREAS, on June 11, 2024, the ULPOA unanimously approved the PBID Fiscal Year 2024-2025 Annual Report, which describes the pylon signs renovation on page 17 of 31 and establishes maximum property assessments for the Fiscal Year 2024-2025; and WHEREAS, on June 11, 2024, the ULPOA unanimously approved the amount of $150,000 in roll-over marketing funds as part of the PBID Annual Report to contribute towards the renovation of the pylon signs; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 6323-24, authorizing the levy and collection of annual assessment fees to fund necessary activities and projects for the Union Landing Property and Business Improvement District (PBID) for FY 2024- 2025; and
WHEREAS, on June 25, 2024, the City Council also adopted Resolution No. 6322-24, approving the PBID Annual Report for FY 2024-2025, which identified the activities that would be funded and the assessments that would be levied to pay for those activities; and WHEREAS, the City Council and the ULPOA have established a goal of maintaining Union Landing’s status as a major regional retail destination, one that generates substantial revenues for the City, and it is essential to maintain the center’s branding and assets to achieve this goal; and
WHEREAS, the Union Landing pylon signs are the center’s most unique landmarks alongside I-880, which are seen by over 200,000 daily drivers and serve as valuable advertising opportunities for businesses to attract visitors to the center. Despite its significance to the City and the center, the pylon signs are over 20 years old and reflect outdated Union Landing logos, faded façade paint, and aging electrical equipment. Consequently, a refresh of the pylon signs has been identified as the next project to support the on-going improvement of the shopping center; and City Council/RSA Agenda 113 Tuesday, July 9, 2024
Resolution No. XXXX-24
Award Union Landing Pylon Signs Renovation Project to Arrow Sign Company
WHEREAS, costs for maintaining the signs are funded through license agreements with various businesses in Union Landing. The license agreements provide that the license holders are required to pay a license fee to cover the capital costs of constructing the signs (either in a lump sum or on an annual basis over the life of the agreement) and compensate the City for certain maintenance costs which include some of the costs associated with the proposed project; and WHEREAS, on May 8, 2024, plans and specifications for the project were released and advertised for bid. Two bids were received on June 12, 2024, labeled Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the scope of work includes removing existing neon tubing signs on top and logos on bottom, pressure washing and painting exterior surfaces, fabricating and installing stainless steel strips for the semi-circular side rings, and installing illuminated channel letter signs on top and non-illuminated pin-wheel logos on the bottom for the two pylon signs at Union Landing Shopping Center; and
WHEREAS, the lowest bid of $341,306 was submitted by Arrow Sign Company, which is approximately 39% less than the engineer’s estimate for the project at $560,000; and WHEREAS, Arrow Sign Company has extensive experience in constructing pylon signs, completing such pylon sign projects as “The Block” at Pacific Commons in Fremont, Bayfair Center in San Leandro and one of the Union Landing pylon signs. Therefore, they are familiar with our pylon signs and have all the previous construction drawings; and WHEREAS, the total recommended construction budget to complete the Union Landing Pylon Signs Renovation Project, City Project No. 22-17, is $375,306, which includes about a 10% project contingency; and
WHEREAS, the City and the ULPOA will both contribute $150,000 each towards the construction expenses. Additionally, $35,000 generated from the auction of a half-panel on one pylon sign will be allocated to the project; and
WHEREAS, the remaining cost (approximately $40,306) will be shared by the pylon signs license holders. Similar to other maintenance costs related to the pylon signs that are charged to the license holders, the City will pay for the license holders’ share of the construction costs in advance until each license holder’s payment is received. Should the City not receive a license holder’s payment as required under their license agreement, the City will take the necessary actions to recoup the funds or otherwise take appropriate action under the terms of the license agreement; and
WHEREAS, the total estimated construction costs of $375,306 will be accounted for in the Capital Projects Fund (Account Number 4100-3199-92217-54111). The funding for this project will come from the funding sources below and will be transferred to the Capital Projects Fund.
City Council/RSA Agenda 114 Tuesday, July 9, 2024
Resolution No. XXXX-24
Award Union Landing Pylon Signs Renovation Project to Arrow Sign Company
Funding Source Account Number Amount
New Union Landing Pylon Sign
Licensee – General Fund 1110-41022-45308 $35,000*
City of Union City - General Fund 1110-8888-00000-59101 $150,000 Union Landing Property Owners’
Association - PBID Fund 2260-6101-41041-54111 $150,000
Current Union Landing Pylon Signs
Licensees – General Fund 1110-41022-45308 $40,306
Total Budget $375,306
* Proceeds from the auction of the half-panel to Verizon Wireless NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards the construction contract to Arrow Sign Company, of Oakland, California, in the amount of $341,306, and approves a construction budget, in the amount of $375,306, for the Union Landing Pylon Signs Renovation Project, City Project No. 22-17; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a budget transfer, in the amount of $225,306, from the General Fund (Account Number 1110-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a budget transfer, in the amount of $150,000, from the PBID Fund (Account Number 2260-8888-00000-59101) to the Capital Projects Fund (Account Number 4100-00000-49610); and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates the $375,306 transferred to the Capital Projects Fund to the Union Landing Pylon Signs Renovation Project, City Project No. 22-17 (Account Number 4100-3199-92217-54111).
City Council/RSA Agenda 115 Tuesday, July 9, 2024
Resolution No. XXXX-24
Award Union Landing Pylon Signs Renovation Project to Arrow Sign Company
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9th day of July by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Bid Results
City Council/RSA Agenda 116 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING TO REJECTING ALL BIDS FOR THE DECOTO ROAD PROJECT, PHASE 1, CITY PROJECT NO. 23-24
Staff recommends the City Council adopt a resolution rejecting all bids for the Decoto Road Project, Phase 1, City Project No. 23-24.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 1: Environmental Sustainability and Infrastructure –Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
T he Decoto Road Project, Phase 1, City Project No. 23-24, consists of pavement rehabilitation, including repairing failed pavement areas, pavement grinding, asphalt concrete overlay, adjustment of manholes and restriping of Decoto Road from the southern city limits (Alameda Creek Bridge) to Station Way. Lane widths will also be reconfigured to add a Class II buffered bike lane for improved bicycle safety.
DISCUSSION
On May 21, 2024, the City released a Notice Inviting Bids for this project. A total of three bids were submitted on June 13, 2024.
The lowest bidder was determined to be Radius Earthwork Inc., but further analysis of their bid package revealed that it was non-responsive due to failing to submit the required bid bond.
City Council/RSA Agenda 117 Tuesday, July 9, 2024
The remaining two bidders submitted all required paperwork with their bid packages. However, upon further analysis, it became apparent that the bid documents may have been misinterpreted, and certain irregularities found in the bids seem to point to confusion about the bid alternatives and whether they consisted of work that was required. In creating the bid documents, staff had separated required utility adjustments for other utility owners -- including Union Sanitary District, Alameda County Water District, and Alameda County Flood Control -- as bid alternatives and not as part of the base bid. The bid alternatives consist of work that the City’s contractor may be required to undertake as part of the project if the utility owners choose not to perform this work on their own. In practice, due to staffing and a lack of manpower to perform such utility work in higher quantities, it is common for the utility owners to depend on the City’s contractor to the perform such work as part of the City’s project. Given this situation, staff will no longer list utility adjustment items as bid alternatives but, rather, incorporate them into the base bid to avoid any future confusion. Staff will, however, mark each of the utility-related items “revocable” in the event that the utility owners ultimately decide to perform the work themselves.
This approach will best support the financial and logistical interests of the City and of its utility partners and will ensure that all work is clearly defined as required of all prospective bidders.
Staff recommends rejecting all current bids, revising the bid package as outlined above, and re-advertising the project.
FISCAL IMPACT
There will be no fiscal impact to re-advertise the project.
RECOMMENDATION
Staff recommends that the City Council reject all bids for the Decoto Road Project, Phase 1, City Project No. 23-
24. Prepared by:
Trieu Tran, Civil Engineer III
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Exhibit A - Bid Summary Exhibit
City Council/RSA Agenda 118 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY REJECTING ALL BIDS FOR THE DECOTO
ROAD PROJECT, PHASE 1, CITY PROJECT NO. 23-24
WHEREAS, the City of Union City issued a Notice of Inviting Bids for the Decoto Road Project, Phase 1, City Project No. 23-24, to rehabilitate the roadway surface from the southern city limits (Alameda Creek Bridge) to Station Way and to reconfigure lane widths to accommodate a buffered Class II bicycle lane; and
WHEREAS, on May 21, 2024, plans and specifications for the Decoto Road Project, Phase 1, City Project No. 23-24, were released and advertised for bids. Three bids were received and opened on June 13, 2024, as noted in Exhibit A, Bid Summary; and WHEREAS, upon review and evaluation of the bids, it was determined that the lowest bidder was non-responsive, leaving two responsive bidders. However, further analysis found that there appeared to be a misinterpretation of the work to be performed on the project due to not including necessary bid items in the base bid but, rather, as bid alternatives; and WHEREAS, the bid alternative items consist of work belonging to the City’s utility partners, including Union Sanitary District, Alameda County Water District, and Alameda County Flood Control District. These companies regularly depend on having their utility work included in the City’s projects as they do not have enough manpower to perform the work in higher quantities; and
WHEREAS, City staff proposes to include these utility items into the base bid but make them “revocable” should the utility ultimately decide they want to do the work themselves. This approach will best support the financial and logistical interests of the City and its utility partners and ensure the scope is clearly defined to all prospective bidders; and WHEREAS, City staff recommends that all current bids be rejected, the bid package be revised as outlined above, and the project be re-advertised.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby reject all bids received for the Decoto Road Project, Phase 1, City Project No. 23-24, for the reasons set forth above; and
City Council/RSA Agenda 119 Tuesday, July 9, 2024
Resolution No. XXXX-24
Reject All Bids for the Decoto Road Project, Phase 1
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Bid Summary
City Council/RSA Agenda 120 Tuesday, July 9, 2024
CITY OF UNION CITY
BID SUMMARY
PROJECT: Decoto Road Project, Phase 1, City Project No. 23-24 PROJECT MANAGER: Trieu Tran, Civil Engineer III
[email protected]
DATE: June 13, 2024
TIME: 2:00 p.m.
LOCATION: City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587
No BIDDERS BID AMOUNT
*CORRECTED
BID AMOUNT
1. Radius Earthwork Inc $2,319,376.43
2. S&H Construction, Inc. $2,498,600.00
3. Ghilotti Construction Company, Inc. $2,421,177.25
4. I, Thai Nam Pham, City Clerk of the City of Union City, do hereby certify that on June 13, 2024, I received and opened three (3) bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.
Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 121 Tuesday, July 9, 2024
Bid Summary - Decoto Road Project - Phase 1
Item Item Est. Unit Item Unit Item Unit Item Unit Item
No. Description Qty Unit Price Total Price Total Price Total Price Total 1 Mobilization 1 LS $ 106,031.00 $ 106,031.00 $ 123,170.00 $ 123,170.00 $50,000 $ 50,000.00 $ 108,000.00 $ 108,000.00 2 Traffic Control 1 LS $ 169,649.00 $ 169,649.00 $ 342,260.00 $ 342,260.00 $ 30,000.00 $ 30,000.00 $ 480,000.00 $ 480,000.00 3 Temporary Storm Water Pollution Control 1 LS $ 20,000.00 $ 20,000.00 $ 6,540.00 $ 6,540.00 $ 10,000.00 $ 10,000.00 $ 8,800.00 $ 8,800.00 4 Remove Concrete on Median 80 LF $ 10.00 $ 800.00 $ 163.50 $ 13,080.00 $ 50.00 $ 4,000.00 $ 30.00 $ 2,400.00 5 PCC Sidewalk 960 SF $ 30.00 $ 28,800.00 $ 27.25 $ 26,160.00 $ 10.00 $ 9,600.00 $ 35.00 $ 33,600.00 6 PCC Curb & Gutter 20 LF $ 200.00 $ 4,000.00 $ 218.00 $ 4,360.00 $ 100.00 $ 2,000.00 $ 400.00 $ 8,000.00 7 PCC Curb 40 LF $ 120.00 $ 4,800.00 $ 218.00 $ 8,720.00 $ 100.00 $ 4,000.00 $ 120.00 $ 4,800.00 8 PCC ADA Curb Ramp 11 EA $ 10,000.00 $ 110,000.00 $ 11,990.00 $ 131,890.00 $ 4,000.00 $ 44,000.00 $ 10,000.00 $ 110,000.00 9 PCC Island Passageway 1 EA $ 12,000.00 $ 12,000.00 $ 10,900.00 $ 10,900.00 $ 5,000.00 $ 5,000.00 $ 5,500.00 $ 5,500.00 10 Base Failure Repair (6” AC Digout) 22,000 SF $ 10.00 $ 220,000.00 $ 9.29 $ 204,380.00 $ 7.50 $ 165,000.00 $ 9.00 $ 198,000.00 11 Type A Hot Mix Asphalt (2” Thick) 5,075 TN $ 160.00 $ 812,000.0 $ 142.44 $ 722,883.00 $ 200.00 $ 1,015,000.00 $ 150.00 $ 761,250.00 12 Full Width Cold Planing (2” Thick) 46,120 SY $ 6.50 $ 299,780.00 $ 5.18 $ 238,901.60 $ 15.00 $ 691,800.00 $ 4.50 $ 207,540.00 13 Adjust Detector Handhole to Grade 1 EA $ 1,000.00 $ 1,000.00 $ 1,635.00 $ 1,635.00 $ 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 14 Adjust Monument Box to Grade 6 EA $ 2,000.00 $ 12,000.00 $ 763.00 $ 4,578.00 $ 1,200.00 $ 7,200.00 $ 2,500.00 $ 15,000.00 15 Reset Sign 2 EA $ 300.00 $ 600.00 $ 472.50 $ 945.00 $ 2,500.00 $ 5,000.00 $ 450.00 $ 900.00 16 Vertical Delineator (Surface Mounted) 57 EA $ 80.00 $ 4,560.00 $ 131.25 $ 7,481.25 $ 200.00 $ 11,400.00 $ 125.00 $ 7,125.00 17 4’ Wide Pedestrian Barricade (Type I) 2 EA $ 2,500.00 $ 5,000.00 $ 1,207.50 $ 2,415.00 $ 3,500.00 $ 7,000.00 $ 1,150.00 $ 2,300.00 18 Remove Yellow Stripes and Markings 1 LS $ 5,000.00 $ 5,000.00 $ 13,912.50 $ 13,912.50 $ 10,000.00 $ 10,000.00 $ 24,800.00 $ 24,800.00 19 Thermoplastic Stripe Detail 9 9,900 LF $ 2.00 $ 19,800.00 $ 1.84 $ 18,216.00 $ 5.00 $ 49,500.00 $ 1.75 $ 17,325.00 20 Thermoplastic Stripe Detail 22 13 LF $ 4.00 $ 52.00 $ 8.66 $ 112.58 $ 20.00 $ 260.00 $ 8.25 $ 107.25 21 Thermoplastic Stripe Detail 25 9,850 LF $ 2.00 $ 19,700.00 $ 2.36 $ 23,246.00 $ 5.00 $ 49,250.00 $ 2.25 $ 22,162.50 22 Thermoplastic Stripe Detail 38 2,450 LF $ 4.00 $ 9,800.00 $ 3.41 $ 8,354.50 $ 5.00 $ 12,250.00 $ 3.25 $ 7,962.50 23 Thermoplastic Stripe Detail 39 15,870 LF $ 4.00 $ 63,480.00 $ 2.10 $ 33,327.00 $ 3.00 $ 47,610.00 $ 2.00 $ 31,740.00 24 Thermoplastic Stripe Detail 39A 6,400 LF $ 2.00 $ 12,800.00 $ 2.10 $ 13,440.00 $ 10.00 $ 64,000.00 $ 2.00 $ 12,800.00 25 Thermoplastic Stripe Detail 40 400 LF $ 2.00 $ 800.00 $ 4.30 $ 1,720.00 $ 10.00 $ 4,000.00 $ 4.00 $ 1,600.00 26 Thermoplastic Stripe 8” White 1,950 LF $ 6.00 $ 11,700.00 $ 5.91 $ 11,524.50 $ 10.00 $ 19,500.00 $ 5.50 $ 10,725.00 27 Thermoplastic Crosswalks 9,400 SF $ 10.00 $ 94,000.00 $ 10.75 $ 101,050.00 $ 5.00 $ 47,000.00 $ 10.00 $ 94,000.00 28 Thermoplastic 12” Limit Line 680 SF $ 10.00 $ 6,800.00 $ 10.50 $ 7,140.00 $ 10.00 $ 6,800.00 $ 10.00 $ 6,800.00 29 Thermoplastic Markings (Symbols & Legends) 2,735 SF $ 14.00 $ 38,290.00 $ 12.90 $ 35,281.50 $ 10.00 $ 27,350.00 $ 12.00 $ 32,820.00 30 Thermoplastic Green Bike Lane 11,200 SF $ 14.00 $ 156,800.00 $ 15.75 $ 176,400.00 $ 5.00 $ 56,000.00 $ 15.00 $ 168,000.00 31 Two-way Reflective Blue Marker 15 EA $ 40.00 $ 600.00 $ 26.25 $ 393.75 $ 100.00 $ 1,500.00 $ 25.00 $ 375.00 32 Type C Red-clear Retroreflective Marker 245 EA $ 40.00 $ 9,800.00 $ 26.25 $ 6,431.25 $ 50.00 $ 12,250.00 $ 25.00 $ 6,125.00 33 Replace Loop Detector 8 EA $ 500.00 $ 4,000.00 $ 1,359.75 $ 10,878.00 $ 2,000.00 $ 16,000.00 $ 1,365.00 $ 10,920.00 34 Required UPRR Contractor Endorsement 1 LS $ 2,200.00 $ 2,200.00 $ 2,200.00 $ 2,200.00 $ 2,200.00 $ 2,200.00 $ 2,200.00 $ 2,200.00 35 Required UPRR Third Party Flagging 1 LS $ 12,500.00 $ 12,500.00 $ 5,450.00 $ 5,450.00 $ 25,530.00 $ 25,530.00 $ 15,000.00 $ 15,000.00 TOTAL BASE BID AMOUNT (ITEMS 1-35): $ 2,279,142 $ 2,319,376.43 $ 2,513,000.00 $ 2,421,177.25 BA.1 Adjust Storm Drain Manhole Cover to Grade 29 EA $ 1,500.00 $ 43,500.00 $ 1,635.00 $ 47,415.00 $ 1,000.00 $ 29,000.00 $ 5,500.00 $ 159,500.00 BA.2 Adjust Electric Manhole Cover to Grade 9 EA $ 1,500.00 $ 13,500.00 $ 1,090.00 $ 9,810.00 $ 1,500.00 $ 13,500.00 $ 5,500.00 $ 49,500.00 BA.3 Adjust Telephone Manhole Cover to Grade 12 EA $ 1,500.00 $ 18,000.00 $ 1,635.00 $ 19,620.00 $ 1,500.00 $ 18,000.00 $ 5,500.00 $ 66,000.00 BA.4 Adjust Gas Manhole Cover to Grade 11 EA $ 1,000.00 $ 11,000.00 $ 2,180.00 $ 23,980.00 $ 1,000.00 $ 11,000.00 $ 5,500.00 $ 60,500.00 BA.5 Adjust Water Manhole Cover to Grade 45 EA $ 1,000.00 $ 45,000.00 $ 1,635.00 $ 73,575.00 $ 1,000.00 $ 45,000.00 $ 5,500.00 $ 247,500.00 BA.6 Adjust Electric Vault Box to Grade 6 EA $ 2,500.00 $ 15,000.00 $ 3,815.35 $ 22,892.10 $ 5,000.00 $ 30,000.00 $ 5,500.00 $ 33,000.00 SUBTOTAL (Alternates only) $ 146,000.00 $197,292.10 $146,500.00 $616,000.00 Radius Earthwork S&H Construction, Inc. Ghilotti Construction City Council/RSA Agenda 122 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING $1,507,688 FROM THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC) BUSAID
GRANT PROGRAM FOR THE ALVARADO-NILES ROAD PART-TIME
TRANSIT LANE PILOT PROJECT, CITY PROJECT NO. 24-21,
AMENDING THE FISCAL YEAR 2024-2025 CAPITAL PROJECTS FUND,
ACTIA MEASURE B BIKE & PEDESTRIAN PATHS FUND AND ACTIA
MEASURE B STREETS & ROADS FUND BUDGETS, AND AUTHORIZING THE CITY MANAGER TO SIGN SUPPLEMENT NO. 4 TO THE MASTER
FUNDING AGREEMENT WITH MTC FOR THE ALVARADO-NILES ROAD
PART-TIME TRANSIT LANE PILOT PROJECT, IN A FORM APPROVED
BY THE CITYATTORNEY
Staff recommends that the City Council adopt a resolution accepting $1,507,688 from the Metropolitan Transportation Commission’s (MTC) BusAID Grant Program for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, amending the Fiscal Year 2024-2025 Capital Projects Fund, ACTIA Measure B Streets & Roads Fund and ACTIA Measure B Bike & Pedestrian Paths Fund budgets, and authorizing the City Manager to sign Supplement No. 4 to the Master Funding Agreement with MTC for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, in a form approved by the City Attorney.
STRATEGIC PLAN ALIGNMENT
This item is in alignment with Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The Metropolitan Transportation Commission (MTC), a regional planning agency has been designated as the federal Metropolitan Planning Organization (“MPO”) and the state Regional Transportation Agency (“RTPA”) for the San Francisco Bay Area. MTC from time to time expects to provide available regional, state, and City Council/RSA Agenda 123 Tuesday, July 9, 2024
federal funds to itself as an MPO and RTPA, and otherwise to localagencies, and these funds will be used for planning and programming transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”).
On July 10, 2018, the City Council adopted Resolution No. 5360-18, authorizing the City Manager to enter into a Master Funding Agreement with the MTC for funding Planning, Programming, Transportation, Transit, Land Use or Other Projects for FiscalYears 2018-2019 through 2027-2028.
Program Overview & Purpose
In September 2021, the Commission adopted the Transit Transformation Action Plan (TAP), which identified near-term actions to improve the region’s transit system. The Bus Accelerated Infrastructure Delivery (BusAID) program is a TAP initiative to reduce transit travel times and improve transit reliability for the most people as quickly as possible while centering on populations that depend on transit the most. BusAID emphasizes near-term, quick-build solutions to address problem “hotspot” locations.
Eligible Applicants & Projects
BusAID focuses on transit priority projects that address hotspot locations with transit travel time or reliability issues, identified by transit operators or right-of-way agencies (i.e., cities, counties, Caltrans). Projects may include elements that address the specific types of delay that a transit vehicle experiences at a hotspot, such as:
Transit Lanes or Queue Jump Lanes: for transit vehicles and high-occupancy vehicles (HOVs) to bypass traffic queues during times of traffic congestion.
Transit Signal Priority (TSP): modified traffic signal timing so transit vehicles encounter a green light or reduced wait times at intersections with traffic signals.
Transit Stop Placement & Spacing: locations for transit stops that minimize delay and optimize stop frequency (to balance convenient stop access with efficient operations).
Transit Stop Design: constructing boarding islands or bus bulbs to eliminate the delays caused by buses pulling in and out of traffic while accessing transit stops.
If a project is selected for BusAID funding, the project may be sponsored and/or implemented by either a Bay Area transit operator and/or a right-of-way agency.
Evaluation Process
The BusAID program is focused on addressing hotspot locations with transit travel time or reliability issues that have been identified by transit operators and right-of-way agencies. In 2023, MTC conducted a solicitation for projects and developed an inventory of projects to be considered for BusAID funding recommendations, informed by a two-stage screening process.
Stage 1: Hotspot Project Analysis & Scoring
In Stage 1, hotspot projects are analyzed and scored based on criteria related to transit service characteristics, equity considerations, and Plan Bay Area 2050 Priority Development Areas. Criteria are focused on characteristics of the transit routes that pass through the hotspot location, as opposed to the hotspot location itself. For example, the equity criterion evaluates the demographics of riders on routes passing though the hotspot and whether routes passing through the hotspot provide service to Equity Priority Communities. The hotspot score threshold to advance to the second stage was set differently for higher ridership and lower ridership operators to advance projects from operators of different sizes throughout the Bay Area. The operator ridership threshold was 500,000 riders per month. Higher ridership operators are those with more than 500,000 riders per month, and lower ridership operators are those with fewer than 500,000 riders per month.
Stage 2: Feasibility/Readiness Assessment
Stage 2 is a feasibility/readiness assessment and scored by an evaluation panel comprised of MTC staff and external agency staff. This assessment evaluates whether a high-scoring hotspot project is appropriate for City Council/RSA Agenda 124 Tuesday, July 9, 2024
BusAID funding, given the program’s emphasis on near-term implementation within 18 to 24 months of funding awards (this implementation target window does not include the post-implementation evaluation phase).
If the feasibility/readiness assessment process determines that a project is appropriate for BusAID funding, funding recommendations are presented through the MTC Regional Network Management bodies for program approvaland the MTC Programming & Allocations Committee for funding source approvals as appropriate.
Funding Availability & Targets
As of Spring 2024, $30 million dollars has been set aside for the program. This includes $15 million in federal Congestion Mitigation and Air Quality Improvement (CMAQ) and Surface Transportation Block Grant Program (STP) funds, which were set aside by the Commission for arterial transit priority in June 2022 through the One Bay Area Grant (OBAG 3) program (MTC Resolution No. 4505), and $15 million in local State Transit Assistance (STA) Revenue-Based Exchange funds, which were programmed through MTC Resolution No. 4519 (adopting the Blue Ribbon Transit Transformation Action Plan Funding Framework and the Blue Ribbon Program of Projects) in May 2024.
The BusAID program aims to fund near-term projects, and has the following targets/goals, though actual awards are subject to change, depending on hotspot submissions and the results of the two-stage screening process:
Near-term Implementation: Focus on projects in the implementation/construction phase which can be completed within 18-24 months (i.e., quick-build projects), with any remaining funds allocated to projects at the implementation/construction phase which cannot be completed within 18-24 months (i.e., non-quick-build projects) and/or projects at earlier phases of delivery. This ensures a majority of project funding is dedicated to quick-build projects that provide rider benefits sooner.
Operator & Sponsor Diversity: A minimum of 10% of awarded funds allocated to projects at locations primarily served by lower ridership operators, with the remaining funds allocated to projects at locations primarily served by high ridership operators. Funding awards to any given project and/or sponsor are capped at a maximum of $5 million and/or two projects.
Regional Diversity: Aim to award funds to projects throughout the Bay Area to distribute fund benefits to transit riders throughout the region.
BusAID Requirements
If awarded funding, a project sponsor must comply with the BusAID project requirements and approval processes, as follows:
Provide 11.47% minimum local funding match.
Establish a project single point of contact.
Secure a Board-approved Resolution of Local Support (e.g. transit agency board, city council, etc.) consistent with the guidelines of the funding source.
Include project scope of work, schedule, and budget – developed in coordination with MTC – as attachments.
Include a task in the scope of work to prepare a Project Evaluation Plan, which will include reporting metrics and required data collection to measure project effectiveness.
Prepare Before/After Evaluation Report within 6 to 12 months of project completion.
Attend a project kick-off meeting.
Prepare, at a minimum, quarterly progress reports and/or check-in meetings. A higher reporting/meeting frequency may be required.
Comply with all applicable federal, state, or regional requirements of the funding source, noting that the requirements and processes differ based on the funding source awarded.
Adhere to project delivery milestones, invoice deadlines, funding expiration deadlines, or other requirements of the funding received. Funding expiration dates are set by MTC. Should priorities or conditions change, or if a project is not ready to advance, funds may be reassigned to another City Council/RSA Agenda 125 Tuesday, July 9, 2024
project.
DISCUSSION
Union City Transit and Public Works submitted a BusAID grant program application on February 23, 2024, with the following project description:
The pilot project consists of bus lane striping and new signage to alert motorists of the time restrictions when on-street parking is prohibited. At intersections, additional signage will be installed to clarify that the curb lane is to be used for right turns and through buses during peak periods.
The project will entail repurposing the existing 7-foot parking lane and 5-foot bike lane into a 12-foot part-time bus lane during peak periods. Bicyclists may use the lane during peak periods but will be encouraged to use parallel bike routes along Arizona Street.
Elements not included in the capital project are as follows:
No curb modifications are proposed as part of this project.
No signal modifications are proposed as part of this project beyond signal retiming, as transit signal priority is already present along the corridor.
No bus stop modifications are included in this project. As part of a separate bus shelter project, some bus stops will be moved from near side to far side.
On March 26, 2024, Union City was informed by MTC of the recommendation of funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project to the Regional Network Management committee for their approval and then recommending approval to the MTC.
On May 22, 2024, under MTC Resolution No. 4647, the Alvarado-Niles Road Part-Time Transit Lane Pilot Project was recommended and approved for grant funding from the BusAID Funding Program in the amount of approximately $1.5 million, with a Project Sponsor Contribution of about $200,000.
On May 28, 2024, MTC informed Union City that the Commission approved funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, in the amount of $1,703,025, which includes $1,507,688 of Non-federal State Transit Assistance (STA) funds and a required local match of $195,337 (approximately 11.47%).
The City’s local match of $195,337 will be funded with $100,000 of ACTIA Measure B Bike & Pedestrian Paths funds (Fund 2543) and $95,337 of ACTIA Measure B Streets & Roads funds (Fund 2542) from Project K. Alvarado-Niles Multimodal Corridor Study identified in the Five-Year Capital Improvement Program for FiscalYear 2023-2024 to FiscalYear 2027-2028.
The Alvarado-Niles Road Part-Time Transit Lane Pilot Project is considered a “Quick-Build” project under the MTC’s BusAID Grant Program guidelines and should be implemented within 18 to 24 months, or before June 30, 2026. After the Alvarado-Niles Road Part-Time Transit Lane Pilot Project is operational, Union City will prepare a post project evaluation for performance measures such as average speed, travel time, on-time performance, average time to serve bus stops and re-entering transit lanes and other performance measures by collecting data 6 to 12 months after implementation as identified in the BusAID Project Evaluation Guidelines.
After execution of the MTC’s Supplement No. 4 for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, the City will seek a traffic engineering consultant for the planning and preliminary engineering/environmental documentation and for preparing the Final Plans, Specifications and City Council/RSA Agenda 126 Tuesday, July 9, 2024
Engineer’s Estimate (PS&E) for construction of this pilot project.
FISCAL IMPACT
The Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, totaling $1,703,025, will be funded with $1,507,688 from the BusAID Grant Program from MTC and the required local match of $195,337, which will be funded with $100,000 of ACTIA Measure B Bike & Pedestrian Paths funds (Fund 2543) and $95,337 of ACTIA Measure B Streets & Roads funds (Fund 2542) from Project K. Alvarado-Niles Multimodal Corridor Study identified in the Five-Year Capital Improvement Program for Fiscal Year 2023- 2024 to FiscalYear 2027-2028.
There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:
1. Accepting $1,507,688 from the BusAID Grant Program from the Metropolitan Transportation Commission (MTC) for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21;
2. Amending the FY 2024-2025 Capital Projects Fund revenue budget by increasing the revenue projection in Account Number 4100-92421-44171 (Capital Projects Fund – Alvarado-Niles Road Part-Time Transit Lane Pilot Project – Miscellaneous State Grants (STA Revenue-Based Exchange)) by $1,507,688;
3. Amending the FY 2024-2025 Capital Projects Fund expenditure budget by appropriating $1,507,688 to Account Number 4100-3199-92421-54111 (Capital Projects Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services);
4. Amending the FY 2024-2025 ACTIA Measure B Bike & Pedestrian Paths Fund expenditure budget by appropriating $100,000 to Account Number 2543-3199-92421-54111 (ACTIA Measure B Bike & Pedestrian Paths Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services);
5. Amending the FY 2024-2025 ACTIA Measure B Streets & Roads Fund expenditure budget by appropriating $95,337 to Account Number 2542-3199-92421-54111 (ACTIA Measure B Streets & Roads Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services); and
6. Authorizing the City Manager to sign the required Supplement No. 4 to the Master Funding Agreement with MTC for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, in a form approved by the City Attorney.
Prepared by:
Steve Adams, Transit Manager
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
City Council/RSA Agenda 127 Tuesday, July 9, 2024
Description Type
Draft Resolution Resolution
Exhibit A - MTCMaster Funding Agreement Exhibit
Exhibit B- MTCResolution No. 4647 Exhibit
Exhibit C- MTCBusAid Post Project Eval Guidelines Exhibit Attachment 1 - Supplement No. 4 Attachment
Item5.g. Desk Item- Written Public Comment - Received 2024-07-08 Attachment City Council/RSA Agenda 128 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $1,507,688 FROM THE METROPOLITAN
TRANSPORTATION COMMISSION’S (MTC) BUSAID GRANT
PROGRAM FOR THE ALVARADO-NILES ROAD PART-TIME TRANSIT
LANE PILOT PROJECT, CITY PROJECT NO. 24-21, AMENDING THE FISCAL YEAR 2024-2025 CAPITAL PROJECTS FUND, ACTIA
MEASURE B BIKE & PEDESTRIAN PATHS FUND, AND ACTIA
MEASURE B STREETS & ROADS FUND BUDGETS, AND
AUTHORIZING THE CITY MANAGER TO SIGN SUPPLEMENT NO. 4
TO THE MASTER FUNDING AGREEMENT WITH MTC FOR THE
ALVARADO-NILES ROAD PART-TIME TRANSIT LANE PILOT
PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the Metropolitan Transportation Commission (MTC), a regional planning agency has been designated as the federal Metropolitan Planning Organization (“MPO”) and the state Regional Transportation Agency (“RTPA”) for the San Francisco Bay Area; and WHEREAS, the Metropolitan Transportation Commission (MTC) from time to time expects to provide available regional, state and federal funds to itself as an MPO and RTPA, and otherwise to local agencies, and these funds will be used for planning and programming transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and
WHEREAS, on July 10, 2018, the City Council adopted Resolution No. 5360-18, authorizing the City Manager to enter into a Master Funding Agreement with the MTC for funding Planning, Programming, Transportation, Transit, Land Use or Other Projects for Fiscal Years 2018-2019 through 2027-2028, see Exhibit A; and
WHEREAS, in late 2023, MTC conducted a solicitation for projects and developed an inventory of projects to be considered for Bus Accelerated Infrastructure Delivery (BusAID) funding, an initiative of the MTC Commission’s Transit Transformation Action Plan (TAP) which was adopted in September 2021; and
WHEREAS, Union City Transit and Public Works submitted a BusAID grant program application on February 23, 2024. for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21; and
WHEREAS, the pilot project will entail repurposing the existing 7-foot parking lane and 5-foot bike lane into a 12-foot part-time bus lane during peak congestion periods for both morning and afternoon commute hours along Alvarado-Niles Road between Almaden Boulevard and Decoto Road to reduce travel time for UC Transit and AC Transit service routes; and WHEREAS, bicyclists may use the part-time transit lane during peak periods but will be encouraged to use parallel bike routes along Arizona Street; and City Council/RSA Agenda 129 Tuesday, July 9, 2024
Resolution No. XXXX-24
Accept MTC BusAID Grant Program for ANR
WHEREAS, on March 26, 2024, Union City was informed by MTC of the recommendation of funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project to the Regional Network Management committee for their approval and then recommending approval to the MTC; and
WHEREAS, on May 22, 2024, under MTC Resolution No. 4647, the Alvarado-Niles Road Part-Time Transit Lane Pilot Project was recommended and approved for grant funding from the BusAID Funding Program in the amount of approximately $1.5 million, with a Project Sponsor Contribution of about $200,000, see Exhibit B; and
WHEREAS, on May 28, 2024, MTC informed Union City that the Commission approved funding the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, in the amount of $1,703,025, which includes $1,507,688 of Non-federal State Transit Assistance (STA) funds and a required local match of $195,337 (approximately 11.47%); and WHEREAS, the City’s local match of $195,337 will be funded with $100,000 of ACTIA Measure B Bike & Pedestrian Path funds (Fund 2543) and $95,337 of ACTIA Measure B Streets & Roads funds (Fund 2542) from Project K. Alvarado-Niles Multimodal Corridor Study identified in the Five-Year Capital Improvement Program for Fiscal Year 2023-2024 to Fiscal Year 2027- 2028; and
WHEREAS, the Alvarado-Niles Road Part-Time Transit Lane Pilot Project is considered a “Quick-Build” project under the MTC’s BusAID Grant Program guidelines and should be implemented within 18 to 24 months, or before June 30, 2026; and WHEREAS, after the Alvarado-Niles Road Part-Time Transit Lane Pilot Project is operational, Union City will prepare a post project evaluation for performance measures such as average speed, travel time, on-time performance, average time to serve bus stops and re-entering transit lanes and other performance measures by collecting data 6 to 12 months after implementation, see Exhibit C for BusAID Project Evaluation Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts $1,507,688 from the Metropolitan Transportation Commission’s (MTC) BusAID Grant Program for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 Capital Projects Fund revenue budget by increasing the revenue projection in Account Number 4100-92421-44171 (Capital Projects Fund – Alvarado-Niles Road Part-Time Transit Lane Pilot Project – Miscellaneous State Grants (STA Revenue-Based Exchange)) by $1,507,688; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City amends the FY 2024-2025 Capital Projects Fund expenditure budget by appropriating $1,507,688 to Account Number 4100-3199-92421-54111 (Capital Projects Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services); and City Council/RSA Agenda 130 Tuesday, July 9, 2024
Resolution No. XXXX-24
Accept MTC BusAID Grant Program for ANR
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 ACTIA Measure B Bike & Pedestrian Paths Fund expenditure budget by appropriating $100,000 to Account Number 2543-3199-92421-54111 (ACTIA Measure B Bike & Pedestrian Paths Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 ACTIA Measure B Streets & Roads Fund expenditure budget by appropriating $95,337 to Account Number 2542-3199-92421-54111 (ACTIA Measure B Streets & Roads Fund - PW General - Alvarado-Niles Road Part-Time Transit Lane Pilot Project - Contractual Services); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to sign Supplement No. 4 to the Master Funding Agreement with the MTC for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21, in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A - MTC Master Funding Agreement
2. Exhibit B - MTC Resolution No. 4647
3. Exhibit C - MTC BusAid Post Project Eval Guidelines
City Council/RSA Agenda 131 Tuesday, July 9, 2024
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J:\CONTRACT\Contracts-New\CON 17-18\Funding Agreements\lDEA Program\Cat 1 \draft finals\Union City\Union City Master FA Signature Sheet.docx
REVIEW LIST
Project Manager:
Assistant Director:
Budget Review:
Contract
Administration 1:
IT Review:
Office of General
Counsel:
Deputy Executive
Director:
Finance Section:
Date: 4/S-/ ;JPre Award Audit Re uired: Yes No X
Public Works: Yes No X
Date: 4L S'LllC
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Date:
Date: i1/1vjr
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Return to Contract Administration
RECEIVED
1 Includes DBE review for all federally-funded contracts. 2 Reviews all procurements and contracts from OPS, EPS, TSS, BAT A, BAHA, MTC SAFE, and BAI FA funded work. 3 Reviews all procurements and contracts from Planning, PAA, LP A and ADS. 4 Reviews all procurements and contracts from ABAG for Estuary Partnership, Energy Program, Insurance Program, and Finance Authority.
MTG LEGAL DEPT
City Council/RSA Agenda 132 Tuesday, July 9, 2024
MASTER FUNDING AGREEMENT
BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION
AND
THE CITY OF UNION CITY
PLANNING, PROGRAMMING,
TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
FOR
FISCAL YEAR 2018-19 through FISCAL YEAR 2027-28
City Council/RSA Agenda 133 Tuesday, July 9, 2024
TABLE OF CONTENTS
ARTICLE PAGE
1.0 GENERAL 2
2.0 INTERAGENCY AGREEMENT ADMINISTRATION 2
3.0 FUNDING 2
4.0 TERM 3
5.0 PAYMENT 3
6.0 DELAYS AND FAILURE TO PERFORM 3
7.0 AMENDMENTS 4
8.0 TERMINATION 4
9.0 USE OF THIRD PARTY CONTRACTS 4
10.0 INDEMNIFICATION 4
11.0 LAWS AND REGULATIONS 5
12.0 RECORDS 5
13.0 AUDITS 5
14.0 SUBCONTRACTS 6
15.0 PROHIBITED INTERESTS 6
16.0 ORGANIZATIONAL CONFLICTS OF INTEREST 7
17.0 CHOICE OF LAW 8
18.0 PARTIAL INVALIDITY 8
19.0 NO THIRD PARTY BENEFICIARIES 8
20.0 ORDER OF PRECEDENCE 8
EXHIBIT A, FORM OF SUPPLEMENT 9
EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL) 11 CERTIFICATION OF RESTRICTIONS ON LOBBYING 20
EXHIBIT B-3, ADDITIONAL TERMS AND CONDITIONS (STATE REQUIRED CLAUSES) 21
EXHIBIT B-4, ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE
RATES, APPRENTICESHIPS, AND PAYROLL RECORDS, NON FEDERALLY FUNDED AGREEMENTS) 34
EXHIBIT B-5, ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE
RATES, APPRENTICESHIPS, AND PAYROLL RECORDS, FEDERALLY FUNDED AGREEMENTS) 35
EXHIBIT B-6, ADDITIONAL TERMS AND CONDITIONS (RM1, RM2, AB 1171) 39 EXHIBIT B-7, ADDITIONAL TERMS AND CONDITIONS (STP) 45
EXHIBIT C, FORM 10-C 49
City Council/RSA Agenda 134 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
1.0 GENERAL
This Master Funding Agreement shall have no force and effect with respect to a Project or any portion thereof unless and until a Supplement has been fully executed by both MTC and AGENCY governing the relevant Project. Exhibit A, Form of Supplement,is attached hereto and incorporated herein. Each Supplement shall include the following information:
a. A description of the applicable Project scope of work; b. A maximum payment amount for the applicable Project scope of work; c. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7 shall apply to AGENCY's implementation of the applicable Project scope of work; d. Any additional covenants, conditions, restrictions or reporting requirements that apply to the applicable Project scope of work or funding source MTC is providing to AGENCY; e. Identification of the MTC and AGENCY project managers for the applicable Project scope of work;
f. The estimated budget and payment milestones for the applicable Project scope of work; and
g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.
Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the responsibility for implementing the applicable Project scope of work, and MTC will administer funding to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents incorporated by reference into such Supplement.
2.0 INTERAGENCY AGREEMENT ADMINISTRATION
The administration of this Agreement will be conducted by MTC staff. Day-to-day management of individual projects required under this Agreement is assigned to the appropriate Project Manager at AGENCY and Project Manager at MTC, as set forth in the applicable Supplement.
3.0 FUNDING
A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of the amounts of compensation payable to AGENCY as set forth in each Supplement.
City Council/RSA Agenda 135 Tuesday, July 9, 2024
MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And THE CITY OF UNION CITY
For PLANNING, PROGRAMMING,
TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
This Master Funding Agreement, effective as of July 1, 2018 (this "Master Funding Agreement" or "Agreement"), is entered into by and between the Metropolitan Transportation Commission (hereafter "MTC"), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., and the City of Union City (hereafter "AGENCY"). MTC and AGENCY are collectively referred to herein as "the Parties."
WITNESSETH
WHEREAS, MTC has been designated as the Metropolitan Planning Organization (MPO - federal) and the Regional Transportation Planning Agency ("RTPA" - state) for the San Francisco Bay Region; and
WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or otherwise to AGENCY; and
WHEREAS, it is expected that these funds will be used for planning, programming, transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the "Project" or "Projects"); and
WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from time to time provide funding to AGENCY for the period from July 1, 2018 to June 30, 2028; and
WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter into at least one Supplement to this Master Funding Agreement, which must be in substantially the form attached hereto as Exhibit A (each, a "Supplement") to establish the terms and conditions applicable to AGENCY when receiving funds for the Project; NOW, THEREFORE, the Parties hereto agree as follows:
City Council/RSA Agenda 136 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of the Project in such a way that prevents costs from exceeding the estimated budget set forth in the applicable Supplement.
C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-representative employees)
4.0 TERM
This Agreement is in effect from July 1, 2018 to June 30, 2028. This Agreement term may be extended by mutual written agreement.
5.0 PAYMENT
Contingent upon AGENCY's satisfactory completion of work products or milestones, as applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that portion of the funds available to AGENCY that have been expended. This invoice will be in the format and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all supporting documentation must accompany expenditures included on AGENCY invoices. Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of MTC's Project Manager or a designated representative. Approval of an invoice shall not be unreasonably withheld.
AGENCY should submit invoices electronically via email to MTC at [email protected] deliver or mail invoices to MTC, as follows:
Attention: Accounting Section
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA, 94105
6.0 DELAYS AND FAILURE TO PERFORM
Whenever AGENCY encounters any difficulty that will delay timely performance of work, AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually satisfactory course of action.
If MTC determines that (a) AGENCY's failure to complete a product on a timely basis is due to causes solely within AGENCY's control; and/or (b) AGENCY has failed to consider MTC recommendations aimed at facilitating progress toward that product, MTC may impose City Council/RSA Agenda 137 Tuesday, July 9, 2024
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such sanctions as it may determine appropriate. Sanctions may include withholding of commensurate payment due under this Agreement until compliance is achieved.
7.0 AMENDMENTS
This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of MTC and AGENCY and specifically identified as amendments to the Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an amendment.
8.0 TERMINATION
Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90) days' written notice. In this event, AGENCY shall submit a requisition to MTC for an amount representing the actual cost of services performed up to the effective date of termination for which AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. Upon payment of the amount found due, MTC shall be under no further obligation to AGENCY, monetarily or otherwise.
9.0 USE OF THIRD PARTY CONTRACTS
AGENCY may subcontract or subvene funds to local agencies, consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the applicable Supplement hereto, and applicable federal and state requirements.
10.0 INDEMNIFICATION
AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement.
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11.0 LAWS AND REGULATIONS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state and/or a local government, and of any agency thereof, including but not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures Manual, as they exist at the time of execution of the Agreement and as they may be amended in the future, which relate to or in any manner affect the performance of this Agreement and any Supplements.
12.0 RECORDS
AGENCY agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) until completion of any litigation, claim or audit, whichever is longest.
13.0 AUDITS
AGENCY shall permit MTC and MTC's authorized representatives to have access to AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the term of this Agreement and for the period specified in Article 12.
AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. Such permission shall extend to books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement of the AGENCY's contractors and subcontractors, if any. If applicable, should MTC request access to the construction site and related field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access as it deems reasonable and safe, subject to the rights of the property owner if such owner is not AGENCY.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subconsultant agrees that MTC or any of MTC's duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subconsultant for the term specified above. "Subconsultant" is defined in Article 14.0 Subcontracts, below.
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14.0 SUBCONTRACTS
A. For purposes of this Agreement, "subconsultant" shall mean any consultant or contractor under contract with the AGENCY to perform Project work. Any subconsultants must be engaged under written contract with AGENCY with provisions allowing AGENCY to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of AGENCY. MTC's Project Manager shall be notified in writing of any substitution or addition of subconsultants.
For any Project funded by Federal Transit Administration (FTA), Federal Highway Administration (FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to time, the current version of which is attached hereto as Exhibit C, Form 10-C, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC's Project Manager. MTC shall not process payment of any invoice under the applicable Supplement relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with respect to its contract with such subconsultant.
B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's obligation to pay its subconsultants is an independent obligation from MTC's obligation to make payments to AGENCY.
C. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement in excess of $25,000 entered into under of this Agreement.
15.0 PROHIBITED INTERESTS
No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members, domestic partners, and their employers or prospective employers.
Accordingly, AGENCY further covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer, agent or employee of MTC (or an immediate family member, domestic partner or employer or prospective employer of such member, officer, City Council/RSA Agenda 140 Tuesday, July 9, 2024
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agent or employee) presently has, or will have in the Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC.
16.0 ORGANIZATIONAL CONFLICTS OF INTEREST
AGENCY shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed by subconsultants or subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC or AGENCY; a firm or person's objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other Agreement.
AGENCY shall not engage the services of any subconsultant or subcontractor on any work related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or subcontractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Agreement.
If at any time during the term of this Agreement AGENCY becomes aware of an organizational conflict of interest in connection with the work performed by a subconsultant or subcontractor hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances giving rise to this organizational conflict of interest. AGENCY's written notice will also describe alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and any alternatives proposed and meet with AGENCY to determine an appropriate course of action.
MTC's determination as to the manner in which to address the conflict shall be final.
Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by such subconsultant or subcontractor, or to termination of this Agreement for breach.
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17.0 CHOICE OF LAW
All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State.
18.0 PARTIAL INVALIDITY
If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect.
19.0 NO THIRD PARTY BENEFICIARIES
This Agreement is not for the benefit of any person or entity other than the parties.
20.0 ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits incorporated into such Supplement, then this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF UNION CITY
Ton
J:\CONTRACT\Contracts-New\Master Funding Agreements\Union City\Union City (Master Funding Agreement) final.docx City Council/RSA Agenda 142 Tuesday, July 9, 2024
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Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT A
FORM OF SUPPLEMENT
SUPPLEMENT 1 TO MASTER FUNDING AGREEMENT
This Supplement No. to Master Funding Agreement ("Supplement or "Agreement") is entered into this day of , 2017, by and between the Metropolitan Transportation Commission (hereafter "MTC") and [AGENCY] (hereafter "AGENCY") and supplements the Master Funding Agreement, dated ,2017, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide an amount not to exceed dollars ($ ) in [describe funding source] to AGENCY to fund the [brief description of Project] (as more fully described in Annex I hereto, the "Supplement Project"). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.
MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex II hereto.
The Supplement Project work will commence [date], and be completed no later than ,20 .
The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY's performance of the applicable Supplement Project scope of work hereunder:
• Exhibit B-1, Additional Terms and Conditions (General), Paragraph A o Exhibit B-1, Additional Terms and Conditions (General), Paragraph B El Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) O Exhibit B-3, Additional Terms and Conditions (State Required Clauses) o Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
O Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
El Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
O Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
[Insert any additional covenants, conditions, restrictions or reporting requirements that apply to the Supplement Project scope of work or funding source MTC is providing to AGENCY.]
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[Describe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.]
The MTC Project Manager for the Supplement Project is [name, telephone, email]. The AGENCY Project Manager for the Supplement Project is [name, telephone, email].
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.
Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION [AGENCY]
COMMISSION
Steve Heminger, Executive Director [Name/Title]
City Council/RSA Agenda 144 Tuesday, July 9, 2024
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Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-1
ADDITIONAL TERMS AND CONDITIONS (GENERAL)
A. INSURANCE REQUIREMENTS
AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under such Supplement, and in effect at all times for the duration of such Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best's Rating of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance requirements herein utilizing self-insurance providing equivalent coverage.
B. CLAIMS OR DISPUTES
Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee ("DRC") be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC. Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally.
City Council/RSA Agenda 145 Tuesday, July 9, 2024
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Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-2
ADDITIONAL TERMS AND CONDITIONS
FEDERALLY REQUIRED CLAUSES
1. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.
2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of the applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate.
3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the current FTA Circular 4702.1A, "Nondiscrimination Guidelines for FTA Recipients," the U.S. DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient (LEP) Persons.
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4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.
5. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).
6. ALLOWABILITY OF COSTS
AGENCY shall comply with the cost principles (as applicable) in Office of Management and Budget (OMB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter 1 Part 31, or 49 Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as applicable. In addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part 200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply with 48 Code of Federal Regulations, Chapter 1, Part 31.
7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES
FTA/FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or AGENCY purchases ownership under the applicable Supplement.
8. IDENTIFICATION OF DOCUMENTS
All reports and other documents completed as part of the applicable Supplement shall carry the following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the: [select appropriate agency] Federal Transit Administration/Federal Highway Administration, U.S.
Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." City Council/RSA Agenda 147 Tuesday, July 9, 2024
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9. AUDITS
AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives access to AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time.
If, as a result of any audit, it is determined by the auditor that reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that represented and relied upon during price negotiations or represented as a basis for payment, AGENCY agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subrecipient for the term specified above.
10. FLY AMERICA REQUIREMENTS.
AGENCY agrees to comply with 49 U.S.C. 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. AGENCY agrees to include the requirements of this Section in all subcontracts that may involve international air transportation.
11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.
A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, City Council/RSA Agenda 148 Tuesday, July 9, 2024
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"Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA assisted project for which work is being performed under the applicable Supplement.
In addition to other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on AGENCY to the extent the Federal Government deems appropriate.
B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on AGENCY, to the extent the Federal Government deems appropriate.
C. AGENCY agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions.
12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the applicable Supplement or this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.
13. DEBARMENT
This Article is only applicable lithe applicable Supplement exceeds $25,000. AGENCY certifies that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department.
City Council/RSA Agenda 149 Tuesday, July 9, 2024
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Master Funding Agreement for FY 2017-18 to FY 2026-27
14. CLEAN AIR AND WATER POLLUTION ACTS
This Article is only applicable if the applicable Supplement exceeds $100,000.
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
15. LOBBYING
This Article is only applicable if the applicable Supplement exceeds $100,000.
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
Attachments:
Attachment A — Federally Required Certifications (AGENCY shall either provide these certifications to MTC or shall provide copies of such certifications AGENCY has independently made to the Federal Government.)
City Council/RSA Agenda 150 Tuesday, July 9, 2024
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Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-2
Attachment A
Federally Required Certifications
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
Instructions for Certification:
1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MTC may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact MTC for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.
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8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment.
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTION
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. Section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Date (signature of authorized official)
(type/print name and title)
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Master Funding Agreement for FY 2017-18 to FY 2026-27
CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, hereby certify on behalf of that:
(name and title of grantee (name of grantee)
official)
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
day of , 20
By:
(signature of authorized official)
Executed this
(title of authorized official)
City Council/RSA Agenda 154 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-3
ADDITIONAL TERMS AND CONDITIONS
STATE REQUIRED CLAUSES
1) Attachment A — Fair Employment Practices Addendum
2) Attachment B — Nondiscrimination Assurances
a. Appendix A — Clauses to be inserted in every agreement subject to the ACT, as defined in Attachment B of this Exhibit and REGULATIONS, also as defined in Attachment B.
b. Appendix B — To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein
c. Appendix C — To be included for subsequent transfer of real property acquired or improved under federal-aid Program
d. Appendix D — To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program 3) Attachment C — State Department of Transportation Requirements City Council/RSA Agenda 155 Tuesday, July 9, 2024
EXHIBIT B-3
ATTACHMENT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of family care leave. AGENCY shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-0, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full. Each of the AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate.
3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the applicable Supplement.
4. AGENCY shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of the applicable Supplement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
City Council/RSA Agenda 156 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the funding for the applicable Supplement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY's breach of the applicable Supplement.
City Council/RSA Agenda 157 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-3
ATTACHMENT B
NONDISCRIMINATION ASSURANCES
AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:
1. That AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.
City Council/RSA Agenda 158 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.
8. That this assurance obligates AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which AGENCY retains ownership or possession of the property.
9. That AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub-grantees, applicants, subapplicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.
City Council/RSA Agenda 159 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
11. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted contracts. The California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.
City Council/RSA Agenda 160 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
APPENDIX A TO ATTACHMENT B (Clauses to be inserted in every agreement subject to ACT and REGULATIONS)
During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows:
(1) Compliance with Regulations: AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of the applicable Supplement.
(2) Nondiscrimination: AGENCY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by AGENCY of the AGENCY's obligations under the applicable Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of AGENCY's noncompliance with the nondiscrimination provisions of the applicable Supplement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, City Council/RSA Agenda 161 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
provided, however, that, in the event AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States.
City Council/RSA Agenda 162 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
APPENDIX B TO ATTACHMENT B
To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein) The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federalaid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors arid assigns.
AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federallyassisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and City Council/RSA Agenda 163 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
City Council/RSA Agenda 164 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
APPENDIX C TO ATTACHMENT B
To be included for subsequent transfer of real property acquired or improved under federal-aid Program)
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment 1-2.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add 'as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
City Council/RSA Agenda 165 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
APPENDIX D TO ATTACHMENT B
Appendix D — (To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program) The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment 1-2.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
City Council/RSA Agenda 166 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-3, ATTACHMENT C
STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
Caltrans Non — Discrimination
A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, and shall affirmatively require that its contractors shall not, unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of family care leave.
B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that its contractors and subcontractors and/or subrecipients shall comply, with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.
C. Each of AGENCY's contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. AGENCY shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under the applicable Supplement.
D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the applicable Supplement by this reference. Wherever the term "Contractor" appears therein, it shall mean AGENCY.
E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by STATE to investigate compliance with these non-discrimination provisions.
City Council/RSA Agenda 167 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-4
ADDITIONAL TERMS AND CONDITIONS
PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
NON FEDERALLY FUNDED AGREEMENTS
AGENCY's contractor(s) and all subcontractors shall comply with applicable sections of the California Labor Code and regulations promulgated thereunder (including without limitation, Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to work performed and/or funded under this Agreement. In particular, AGENCY's attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). AGENCY's contractor(s) and all subcontractors, to the extent the work of such contractor(s) and subcontractors under this Agreement are subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the Labor Commissioner through the internet portal of the Division of Labor Standards Enforcement. Per Master Funding Agreement Article 12.0, Recordsand 13.0 Audits,MTC reserves the right to request copies of the certified payroll records.
City Council/RSA Agenda 168 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-5
ADDITIONAL TERMS AND CONDITIONS
PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
FEDERALLY FUNDED AGREEMENTS
The Additional Federal Clauses Applicable to Public Works included in Attachment A, attached hereto and incorporated herein by this reference, and the Davis-Bacon prevailing wages apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll Reporting Form, as found at https://www.dol.gov/whd/forms/wh347.pdf,shall be prepared or collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per Master Funding Agreement Article 12.0, Recordsand 13.0 Audits,MTC reserves the right to request copies of the certified payroll records. MTC may withhold payment if the certified payrolls to be submitted by AGENCY pursuant to this Exhibit B-5, Prevailing Wage Rates, Apprenticeships, and Payroll Records, are not current.
City Council/RSA Agenda 169 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-5
ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS
1. Buy America
2. Davis-Bacon Act
3. Contract Work Hours and Safety Standards Act
4. Copeland Anti-Kickback Act
5. Prompt Payment of Funds Withheld to Subcontractors
City Council/RSA Agenda 170 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27