AGENDA
CITYOF UNION CITY/
SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCYMEETING
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, September 10, 2024
7:00 PM
CityHall - Council Chamber
34009Alvarado-Niles Road Union City, CA94587
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Proclaiming September 15 - October 15, 2024 As National Hispanic Heritage Month
3.b. Proclamation Proclaiming September 21 - 27, 2024 As United Against Hate Week
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. 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 City Council/RSA Agenda 1 Tuesday, September 10, 2024
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 August 13, 2024 City Council Special Meeting
5.b. Approve The Minutes Of The August 13, 2024 City Council Regular Meeting
5.c. Adopt A ResolutionAuthorizing The City Manager To Execute Lease Agreements With The California Automotive Retailing Group (CARG) For The Lease Of Eight Unmarked Vehicles And Amending The FY 2024-2025 Garage Equipment Replacement Fund Budget
5.d. Adopt A ResolutionAuthorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Badawi And Associates For Audit Services For Fiscal Year 2023-2024, In The Amount Of $97,635, For A Total Contract Amount Of $509,055
5.e. Adopt A ResolutionApproving AnAmendment To Update The Class Specification For The Classification Of CommunityAnd Recreation Services Director
5.f. Waive Further Reading And Adoption Of An Ordinance Repealing Chapter 2.22 “Youth Commission” Of The Union City Municipal Code
6. PUBLIC HEARINGS - None
7. CITYMANAGER REPORTS
7.a. Adopt A ResolutionAuthorizing The City Manager To Submit An Allocation Request To The Metropolitan Transportation Commission (MTC) From The Regional Measure 3 Dumbarton Corridor
Improvements Program, In The Amount Of $3,000,000, And Accepting Alameda County Transportation Commission's Designation Of The City Of Union CityAs The Implementing Agency For The Union City BART East Entrance And At-Grade Pedestrian Crossing Project, City Project No. 14-14
7.b. Adopt A ResolutionAuthorizing The City Manager To Execute A Supplemental Agreement With Union Pacific Railroad Company To The Public At-Grade Pedestrian Crossing Agreement, BART Pedestrian Crossing, DOT 859611R, Mile Post 27.08 - Oakland Subdivision, City Of Union City, Alameda County, California (City Project No. 14-14), InA Form Approved By The CityAttorney
7.c. Waive Full Reading And Introduce By Title OnlyAn Ordinance Of The City Council Of The City Of Union CityAmending Section 2.04.400 “Mayoral And Councilmember Salaries” Of The Union City Municipal Code To Increase The Compensation Of The Mayor And
Councilmembers
7.d. League of California Cities Annual Conference Resolutions Packet
8. SUCCESSOR AGENCYTO REDEVELOPMENT AGENCY- None
9. AUTHORITIES AND AGENCIES - None
10. CITYCOMMISSION / COMMITTEE REPORTS - None
11. ITEMS REFERRED BYCOUNCIL
12. GOOD OF THE ORDER
13. CLOSED SESSION - None
14. ADJOURNMENT
MEETING INFORMATION
City Council/RSA Agenda 2 Tuesday, September 10, 2024
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 Alvarado-Niles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncityorg.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at: https://unioncity.org/199/City-MeetingsVideo 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 emailed 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 May23, 2023) The City Council of the City of Union City comply with the following norms:
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 City Council/RSA Agenda 3 Tuesday, September 10, 2024
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.
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 AGENDAPOSTING
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 4 Tuesday, September 10, 2024
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 5 Tuesday, September 10, 2024
CITY OF UNION CITY
PROCLAMATION
Recognizing September 15, 2024 – October 15, 2024 as Hispanic Heritage Month
WHEREAS, each year, the United States observes National Hispanic Heritage Month from September 15 to October 15, celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and WHEREAS, Hispanic Heritage Month began in 1968 as a week-long celebration under President Lyndon B. Johnson and was expanded to a month-long observance by President Ronald Reagan in 1988, highlighting the profound impact of Hispanic Americans on our nation’s history and culture; and WHEREAS, the theme for Hispanic Heritage Month 2024, "Pioneers of Change: Shaping the Future Together," honors the trailblazing efforts of Hispanic Americans who have made significant contributions to innovation, social justice, and cultural enrichment, thereby shaping the future of our communities and our nation; and
WHEREAS, Hispanic Americans have enriched the cultural diversity of Union City through their traditions, food, music, art, and community engagement, greatly contributing to the city's growth, prosperity, and success; and
WHEREAS, Union City is dedicated to celebrating Hispanic Americans' diverse heritage and continued contributions, fostering an inclusive environment that values the uniqueness of all cultures and encourages mutual respect and understanding.
NOW, THEREFORE, I, Carol Dutra-Vernaci, Mayor of the City of Union City, along with the entire City Council, do hereby proclaim September 15, 2024 – October 15, 2024, as Hispanic Heritage Month in Union City and encourage all residents to join us in honoring and celebrating the achievements and contributions of Hispanic Americans, who continue to pioneer change and shape the future of our city, state, and nation.
DATED: September 10, 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 6 Tuesday, September 10, 2024
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, September 10, 2024
CITY OF UNION CITY
PROCLAMATION
Proclaiming September 21 - 27, 2024, as United Against Hate Week
WHEREAS, while hate crimes in Union City have decreased, the City remains committed to supporting all individuals, recognizing that hate crimes and xenophobic rhetoric continue to pose a pervasive threat to the safety and unity of communities worldwide, targeting Black, AAPI, Indigenous people, immigrants, Muslims, people of color, women, Jewish people, the LGBTQ+ community, and other vulnerable groups; and WHEREAS, women worldwide still face severe challenges, including gender-based violence, discrimination, and threats to reproductive rights, underscoring the urgent need for continued advocacy for women's rights and equality; and WHEREAS, places of worship, public spaces, and community gatherings have increasingly been targeted by hate groups, including white supremacists and neo-Nazis, threatening our shared values of freedom and respect; and WHEREAS, Union City remains steadfast in its commitment to peace, unity, and constructive dialogue, rejecting hatred and violence and fostering an inclusive community for all residents regardless of race, color, national origin, or immigration status; and
WHEREAS, the City Council of Union City, in May 2017, proudly declared Union City a Compassionate City, reaffirming our dedication to treating all individuals with fairness and dignity; and WHEREAS, on September 26, 2018, leaders from across the Bay Area, including Union City, launched the United Against Hate campaign, dedicated to protecting our region's diversity and countering hate that threatens our communities.
NOW, THEREFORE, the City Council of Union City proclaims September 21st through 27th as “United Against Hate Week” and commits to supporting and encouraging educational and community events that foster understanding, peace, and solidarity among all communities. We call on all residents to participate in the democratic process with respect and civility, especially during this election year, to maintain our commitment to a united and peaceful Union City.
DATED: September 10, 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, September 10, 2024
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 9 Tuesday, September 10, 2024
August 13, 2024 | 6:00 PM Page 1 of 2
City Council
Special Meeting Minutes
MINUTES
CITY OF UNION CITY
CITY COUNCIL 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, August 13, 2024 | 6:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:00 PM.
2. ROLL CALL
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes
3. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
City Council/RSA Agenda 10 Tuesday, September 10, 2024
August 13, 2024 | 6:00 PM Page 2 of 2
City Council
Special Meeting Minutes
4. CLOSED SESSION
4.a. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6
Agency Designated Representatives:
Jason Castleberry, Human Resources Director
Employee Organizations:
Management Employee Group
Police Management Association
Police Officers' Association
Professional Employees' Group
Service Employees International Union, Local 1021 (SEIU) No reportable action. The item was reported at the August 13, 2024 Regular Meeting.
5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:57 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 11 Tuesday, September 10, 2024
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Resolution
City Council/RSA Agenda 12 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 1 of 7
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, August 13, 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 7:08 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
Mayor Dutra-Vernaci reported no reportable action from the Closed Session held before the regular meeting.
2. UNFINISHED BUSINESS
There was none.
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation In Recognition of September 2024 As National Preparedness Month
City Council/RSA Agenda 13 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 2 of 7
City Council / Successor Agency
Regular Meeting Minutes
Mayor Dutra-Vernaci read aloud the proclamation and presented it to Union City CERT Board Member Stacey Bales.
4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following individuals spoke on items that were not on the agenda:
Lama Stella
Craig Roberts
KC Ng
Faith Kelly
Antoinette Duerer
Rebecca St. James
Carol Criss
Markus Buergi
Carole Yang
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.
Mayor Dutra-Vernaci directed staff to review the information presented in the speakers’ resolution and determine if it should be brought back for further discussion at a future City Council meeting.
5. CONSENT CALENDAR
Motion: Approve the Consent Calendar in its entirety, including the adoption of all listed resolutions, with the following amendment to Item 5.e, Adopt the amended resolution to the Arts and Culture Commission Appointment.
RESULT: Pass
MOVER: Councilmember Singh
SECONDER:Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
5.a. Approve The Minutes Of The July 23, 2024 City Council Special Meeting A motion was made to approve the minutes.
5.b. Approve The Minutes Of The July 23, 2024 City Council Special Meeting A motion was made to approve the minutes.
5.c. Approve The Minutes Of The July 25, 2024 City Council Special Meeting A motion was made to approve the minutes.
5.d. Adopt a Resolution Amending the Conflict of Interest Code A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6341-24
City Council/RSA Agenda 14 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 3 of 7
City Council / Successor Agency
Regular Meeting Minutes
5.e. Adopt Resolutions Appointing Individuals To Serve On The Arts & Culture Commission, Economic Development Advisory Team, Senior Citizens Commission
A motion was made to adopt the resolutions.
Enactment Nos.:
Arts and Culture Commission Appointment: Resolution No. 6342- 24 Economic Development Advisory Team Appointment: Resolution No. 6343-24
Senior Citizens Commission Appointment: Resolution No. 6344-24
5.f. Adopt A Resolution Establishing Authority To Open And Maintain Accounts, Establishing Signature Authority, And Establishing Authorization To Transfer Funds Using Online Banking Services For The City's Accounts At Fremont Bank
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6345-24
5.g. Adopt A Resolution Authorizing The Investment Of Monies In The Local Agency Investment Fund (LAIF)
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6346-24
5.h. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Avenu Insights & Analytics, For Utility Users' Tax (UUT) Audit Services, In The Amount Of $200,000, For A Total Contract Amount Of $350,000, Including A 35% Contingency Fee For Any Additional UUT And/Or Franchise Fee Revenues Generated
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6347-24
5.i. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classification Of Intervention Counselor A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6348-24
5.j. Adopt Two Resolutions 1) Authorizing Examination Of Sales Or Transaction And Use Tax Records By City Staff And MuniServices, LLC (DBA AVENU MuniServices), Hinderliter De Llamas & Associates (DBA HdL Companies); And 2) Authorizing Examination Of Sales Or Transaction And Use Tax Records by Strategic Economics, Inc.
A motion was made to adopt the resolution.
Enactment Nos.: Resolution Nos. 6349-24 and 6350-24
5.k. Adopt A Resolution Awarding A Construction Contract To McKim Corporation, In The Amount Of $2,372,999, Approving A Total Project City Council/RSA Agenda 15 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 4 of 7
City Council / Successor Agency
Regular Meeting Minutes
Budget, In The Amount Of $2,860,690, Appropriating $453,593 of SB 1 Funds (Fund 2515) And $227,097 Of TDA Article 3 Funds (Fund 4100) To The Decoto Road Project, Phase 1, City Project No. 23-24, And Increasing The Revenue Projections In The Capital Projects Fund (Fund 4100) By $227,097
A motion was made to adopt the resolution.
Enactment Nos.: Resolution Nos. 6351-24
5.l. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With TDG Engineering, Inc., In The Amount Of$33,526, For A Total Contract Amount Of $108,145, For The Preparation Of A Green Streets Report For The Quarry Lakes Parkway Project, City Project No. 18-04
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6352-24
5.m. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Group 4 Architecture, Research + Planning, Inc., In The Amount Of $945,000, For A Total Contract Amount Of $1,019,950 For Preliminary Design Of Category 1A, 1B, 1C, And 1D And The Final Design For The Corporation Yard Master Plan, City Project No. 23-26, And Approving A Budget Transfer Of $30,000 From The Transit Fund (Fund 5110) To The Public Improvements Fund (Fund 4160)
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6353-24
5.n. Adopt A Resolution Authorizing The City Manager To Execute A Master Agreement With AVA Community Energy For Union City Transit Electric Bus Fleet Charging As A Service (CaaS), In A Form Approved By The City Attorney
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6354-24
5.o. Waive The Second Reading And Adopt An Ordinance Of The City Council Of The City Of Union City Approving An Amendment To The Station East Mixed Use / Residential Project Development Agreement (ADA-24-001) A motion was made to adopt the ordinance.
Enactment No.: Ordinance No. 924-24
6. PUBLIC HEARINGS
There were none.
7. CITY MANAGER REPORTS
7.a. Adopt A Resolution Adopting The 2024 Tri-City Local Hazard Mitigation Plan (LHMP) Update
City Council/RSA Agenda 16 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 5 of 7
City Council / Successor Agency
Regular Meeting Minutes
Emergency Services Coordinator Martinez provided staff presentation 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 adopting the 2024 Tri-City Local Hazard Mitigation Plan Update.
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. 6355-24
7.b. Adopt A Resolution Designating Voting Delegate And Alternate Delegate For 2024 League Of California Cities Annual Conference In Long Beach City Manager Malloy provided a brief report on the item.
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
Motion: Adopt a resolution designating Vice Mayor Jeff Wang the City of Union City’s voting delegate and Councilmember Scott Sakakihara as the alternate voting delegate to the Annual Conference of the League of California Cities (LOCC) in Long Beach on October 16-18, 2024.
RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None
Enactment No.: Resolution No. 6356-24
7.c. Adopt A Resolution To Add An Alternate At-Large Member To The Economic Development Advisory Team (EDAT) And Appoint Harpreet Bains As The Alternate At-Large Member
City Manager Malloy provided staff presentation and responded to questions from council members.
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
City Council/RSA Agenda 17 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 6 of 7
City Council / Successor Agency
Regular Meeting Minutes
Motion: Refer the proposal to add an alternate at-large member to the Economic Development Advisory Team (EDAT) to the
Legislation and Policy Committee for further analysis and discussion, including a review of attendance data and the necessity of the position.
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Singh, and Vice
Mayor Wang
NOES: Councilmember Sakakihara and Mayor
Dutra-Vernaci
ABSENT: None
7.d. Waive Full Reading And Introduce By Title Only An Ordinance Of The City Council Of The City Of Union City Repealing Chapter 2.22 “Youth Commission” Of The Union City Municipal Code
City Attorney Kokotaylo provided staff presentation and responded to questions from council members.
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
Motion: Waive full reading and introduce by title only an ordinance repealing Chapter 2.22 “Youth Commission” of the Union City Municipal Code.
RESULT: Pass
MOVER: Vice Mayor Wang
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.
9. AUTHORITIES AND AGENCIES
There were none.
10. CITY COMMISSION / COMMITTEE REPORTS
There were none.
City Council/RSA Agenda 18 Tuesday, September 10, 2024
August 13, 2024 | 7:00 PM Page 7 of 7
City Council / Successor Agency
Regular Meeting Minutes
11. ITEMS REFERRED BY COUNCIL
Councilmember Patiño had no report.
Councilmember Sakakihara reported on the Housing Authority of Alameda County Alameda County Waste Management Authority.
Councilmember Singh reported on the Legislation and Policy Committee.
Vice Mayor Wang had no report.
Mayor Dutra-Vernaci reported on the Metropolitan Transportation Commission, Bay Area Housing Finance Authority, and Disaster Council.
12. GOOD OF THE ORDER
Councilmember Patiño reported on meetings with the Hispanic Elected Local Officials board, the National Association of Latino Elected Officials board, and the National League of California Cities board. He also mentioned attending National Night Out and the Larry O Car Show.
Councilmember Sakakihara reported attending the Sister Cities and National Night Out events and met with the new District 4 police commander.
Councilmember Singh noted the successful Sister Cities Festival and said he would wait to discuss the prescription drug take-back program until the next Legislation and Policy Committee meeting.
Vice Mayor Wang reported on attending a Chinese community event held by the Northern California Chinese Culture Athletic Federation. On a separate occasion, the Vice Mayor convened a meeting with city staff to meet a Chinese entrepreneur and Canadian representatives to review new road paving technology that recycles pavement.
Mayor Dutra-Vernaci provided updates on attending the Alameda County Fire Department graduation, an event at the Alameda County Fairgrounds, the inaugural Caltrain electric train ride in San Francisco. She announced her upcoming participation in Bloomberg Philanthropies and Aspen Institute 2024 Citylab Conference in Mexico City on October 13 - 17. There would be no charge to the City for this conference.
13. CLOSED SESSION
There were none.
14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:26 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 19 Tuesday, September 10, 2024
Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: ADOPT ARESOLUTION AUTHORIZING THE CITYMANAGER TO EXECUTE
LEASE AGREEMENTS WITH THE CALIFORNIAAUTOMOTIVE RETAILING
GROUP (CARG) FOR THE LEASE OF EIGHT UNMARKED VEHICLES AND AMENDING THE FY2024-2025 GARAGE EQUIPMENT REPLACEMENT FUND BUDGET
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute lease agreements with the California Automotive Retailing Group (CARG) for the lease of eight unmarked vehicles and amending the FY2024-2025 Garage Equipment Replacement Fund Budget.
STRATEGIC PLAN ALIGNMENT
This staff report aligns with Goal C: Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote growth and innovation.
Strategy 13: Align public safety services with community needs based on a data driven decision-making approach.
BACKGROUND
Since 2011, the City has successfully implemented a leasing program for unmarked vehicles, many of which are used in surveillance and special operations. By leasing and rotating these vehicles every three years, the City effectively thwarts criminal efforts to identify and track police activity, which is crucial for disrupting illegal enterprises. This regular turnover of vehicles is essential to effective law enforcement, as it prevents criminals from recognizing and adapting to our fleet. The success of this program underscores the importance of staying ahead of criminal counter-surveillance techniques to maintain the safety and security of our community.
Currently, there are six leased vehicles; two leases have recently expired, and four leases will expire in the next few months. Staff has already entered into new leases for two of those six vehicles, however, based on increased pricing with the current vendor, staff has determined that it is in the City’s best interest to lease the remaining vehicles from a new vendor. Additionally, the Police Department would like to increase its fleet by adding four additional leased vehicles, for a total of ten leased vehicles. This will accommodate additional staff and operations in the Support Services division.
DISCUSSION
City Council/RSA Agenda 20 Tuesday, September 10, 2024
Securing vehicles, whether through purchase or lease, has become a challenge over the past few years. After much due diligence, staff has found a vendor, California Automotive Retailing Group, Inc. (CARG), that has inventory available and competitive pricing that will meet the Police Department’s needs. Staff requests approval to lease eight vehicles from CARG. Although the exact make or model of the proposed vehicles will be dependent on available inventory and need, CARG provided quotes for eight vehicles which included trucks, sedans and a minivan. Based on the provided quotes, the estimated monthly lease cost for eight vehicles is approximately $5,000 and the annual lease cost is approximately $60,000. The proposed lease agreements are estimated to have a total cost of $180,000.00 over 36 months.
FISCAL IMPACT
Funding for the lease of all 10 vehicles will need to be appropriated as the current budget allocation in the Garage Equipment Replacement Fund budget is not sufficient to cover these lease costs and was originally budgeted to cover the rental needs of Public Works to backfill their fleet when a truck or piece of equipment breaks down. The funding for these leases will be appropriated in the Garage Equipment Replacement Fund, which currently has a sufficient fund balance to cover this supplemental appropriation.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute lease agreements with the California Automotive Retailing Group (CARG) for the lease of eight unmarked vehicles and amending the FY2024-2025 Garage Equipment Replacement Fund Budget by appropriating $90,000 to Account Number 6122-2103-35004-54217 (Garage Equipment Replacement Fund – Police Investigations – Equipment Acquisition – Rentals).
Prepared by:
Andrew Holt, Police Captain
Submitted by:
Andrew Holt, Police Captain
ATTACHMENTS:
Description Type
Draft Resolution Resolution
City Council/RSA Agenda 21 Tuesday, September 10, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION
CITY AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE
AGREEMENTS WITH THE CALIFORNIA AUTOMOTIVE RETAILING
GROUP (CARG) FOR THE LEASE OF EIGHT UNMARKED VEHICLES
AND AMENDING THE FY 2024-2025 GARAGE EQUIPMENT
REPLACEMENT FUND BUDGET
WHEREAS, since 2011, the City has been leasing unmarked vehicles for surveillance and special operations; and
WHEREAS, currently, there are six leased vehicles; two leases that have recently expired and four that will expire in the next few months; and WHEREAS, staff has already entered into new leases for two of those six vehicles; however, staff has determined that it is in the City’s best interest to lease the remaining vehicles from a new vendor; and
WHEREAS, the Police Department would like to increase its fleet by adding four additional leased vehicles, for a total of ten leased vehicles, as will accommodate additional staff and operations in the Support Services Division; and
WHEREAS, securing vehicles, whether through purchase or lease, has become very challenging over the past few years, but after much due diligence, staff has found a vendor, California Automotive Retailing Group (CARG), that has inventory available and competitive pricing that will meet the Police Department’s needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute lease agreements, and any required supplemental documentation, with the California Automotive Retailing Group (CARG) for the lease of eight unmarked vehicles; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 Garage Equipment Replacement Fund Budget by appropriating $90,000 to Account Number 6122-2103-35004-54217 (Garage Equipment Replacement Fund – Police Investigations – Equipment Acquisition – Rentals).
City Council/RSA Agenda 22 Tuesday, September 10, 2024
Resolution No. XXXX-24
Authorizing Lease Agreements for Unmarked Vehicles and Amending the FY 2024-2025 Budget
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10
th day of September 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 23 Tuesday, September 10, 2024
Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JACKIE ACOSTA, FINANCE DIRECTOR
SUBJECT: ADOPT ARESOLUTION AUTHORIZING THE CITYMANAGER TO EXECUTE THE
FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BADAWI AND ASSOCIATES FOR AUDIT SERVICES FOR FISCAL YEAR 2023- 2024, IN THE AMOUNT OF $97,635, FOR ATOTAL CONTRACT AMOUNT OF $509,055
EXECUTIVE SUMMARY
The City Council selected Badawi and Associates as the City's independent auditors after a full-scale competitive selection process in 2019. The multi-year contract ends with the completion of the Fiscal Year 2022-2023 audit. Badawi and Associates has indicated its willingness to extend their services as the City's auditors for the fiscal year ending June 30, 2024, at a base cost of $71,300, plus $26,335 for additional special audits and reports. City Staff is recommending that the City Council authorize the extension of the City's audit contract with Badawi and Associates for one additional year.
STRATEGIC PLAN ALIGNMENT
This staff report aligns with Goal A: Financial Stability and Sustainability.
BACKGROUND
In 2019, the City Council selected Badawi and Associates as the City's independent auditors after a full-scale competitive selection process. The full-scale competitive process selection entailed the development and circulation of a Request for Proposal (RFP), to which the City received proposals from 11 certified public accountant firms. Staff evaluated each firm and recommended that the City Council contract with Badawi and Associates to perform the City’s annual audits. The multi-year contract was for independent auditing of the fiscal years ending in 2019, 2020, 2021, 2022 and 2023. The table below details the contracted costs for each year.
Table 1: Contract C5327 – Badawi and Associates (FY19 - FY23) Service FY19 FY20 FY21 FY22 FY23
CityAudit and Related
Reports
$66,670 $68,165 $69,225 $69,225 $69,225
Single Audit and Related
Reports
4,695 4,945 5,100 5,100 5,100
Special Purpose Audits and
Related Reports (Measure B,
BB, F & TDA)
7,870 7,995 8,315 8,315 8,315
GANN Limit Agreed Upon
Procedures
590 620 650 650 650
City Council/RSA Agenda 24 Tuesday, September 10, 2024
Total for Each Fiscal Year $79,825 $81,725 $83,290 $83,290 $83,290 Table 2 below is Badawi and Associates’ proposal for a one-year contract extension. The services to be provided will follow the guidelines as outlined in the original proposal to the City. The audit to be performed will follow generally accepted auditing standards, the U.S. General Accounting Office’s Government Auditing Standards, the Single Audit Act and the Federal Uniform Guidance.
Table 2: Badawi and Associates Proposed Fees to Audit FY24 Service FY24 Fees
CityAudit and Related Reports $71,300
Single Audit and Related Reports 5,250
Special Purpose Audits and Related Reports (Measure B, BB, F & TDA)
8,560
Gann Limit Agreed Upon Procedures 675
Utility Users’ TaxAudit and Report 1,550
State Controller's Reports (City, Transit, and Paratransit) 10,300 Total $97,635
The City's Municipal Code requires the City Council approve all Professional Services Agreements over $75,000.
DISCUSSION
For the past several months, most Finance Department staff members have been dedicating a significant amount of their time to the migration to a new Enterprise Resource Planning (ERP) system. This new financial software is planned to go live in mid-October 2024. Additionally, staff turnover within the past few years increased the strain on department resources. Badawi has helped the Finance Department catch up with the annual audits, and they plan to complete the FY 2022-2023 audit in September 2024. That information needs to be ready for the new financial software.
Staff believes that it would be prudent and most efficient for the City to extend the Badawi contract for one additional year. It is the opinion of City staff that the firm has provided good technical expertise, and that Badawi and Associates is highly qualified to continue to provide independent audit services to the City.
FISCAL IMPACT
Funds were appropriated in the Fiscal Year 2024-2025 budget for the independent audit services and report preparation.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Badawi and Associates, for audit services for Fiscal Year 2023-2024, in the amount of $97,635, for a total contract amount of $509,055.
Prepared by:
Chu Thai, Accounting Manager
Submitted by:
Jackie Acosta, Finance Director
ATTACHMENTS:
Description Type
Attachment 1 - C5327, Badawi &Assoc (Audit FY19 - FY23) Attachment City Council/RSA Agenda 25 Tuesday, September 10, 2024
Draft Resolution Resolution
ExhibitA.1 - CSA,1stAmendment to C5327 Badawi Exhibit
ExhibitA.2 - Badawi Proposal for FY24Audit Exhibit
City Council/RSA Agenda 26 Tuesday, September 10, 2024
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
Badawi and Associates, CPA
FOR CITY WIDE AUDIT SERVICES
C5327
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF UNION CITY AND BADAWI
AND ASSOCIATES, CPA FOR AUDIT SERVICES
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, ("City") and Badawi and Associates, CPA, a California, with offices located at 180 Grand 6ve, Suite 1500, Oakland, CA 94612, ("Consultant"), (together referred to as the "Parties") as of ~ a , 2019 (the "Effective Date"). J -
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A (technical proposal) & B (sealed dollar cost bid proposal) and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end no later than the completeion of the Fiscal Year 2022/23 City Wide Audit Servies, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1. 1 above and to satisfy Consultant's obligations hereunder.
Consulting Services Agreement between Page 1 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 27 Tuesday, September 10, 2024
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed the amounts listed in attachment B (sealed dollar cost bid proposal) as follows:
Service 2019 2020 2021 2022 2023
City Audit and Related Reports $ 66,670 $ 68,165 $ 69,225 $ 69,225 $ 69,225 Single Audit and Related Reports 4,695 4,945 5,100 5,100 5,100 Special Purposes Audit and Related Reports 7,870 7,995 8,315 8,315 8,315 (BIBB, F & TOA) GANN limit Audit Report 590 620 650 650 650
Total for FtScal Year (not-to-exceed) $ 79,825 $ 81,725 $ 83,290 $ 83,290 $ 83,290 notwithstanding any contrary indications that may be contained in Consultant's proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
Consulting Services Agreement between Page 2 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 28 Tuesday, September 10, 2024
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant's signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C.
Reimbursable expenses not listed in Exhibit Care not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Consulting Services Agreement between Page 3 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 29 Tuesday, September 10, 2024
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE
A
Consulting Services Agreement between
TYPE OF INSURANCE
Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
City of Union City and Badawi and Associates, CPA
MINIMUM LIMITS
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an "occurrence"
basis
City Council/RSA Agenda 30 Tuesday, September 10, 2024
B
C
D
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
Workers' Compensation
(WC) and Employers
Liability (EL)
Required for all
with employees
contractors
Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
WC: Statutory Limits
EL: $100,000 per accident for
bodily InJury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers' Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
Consulting Services Agreement between Page 5 of13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 31 Tuesday, September 10, 2024
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
I.
of the Agreement.
The retroactive date of the policy must be shown and must be before the date ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
m. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating ofno less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant's insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any Consulting Services Agreement between Page 6 of13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 32 Tuesday, September 10, 2024
of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
•
•
•
Section 5.
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees oflitigation) ( collectively, "Liability") of every nature arising out ofor in connection with Consultant's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
Consulting Services Agreement between Page 7 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 33 Tuesday, September 10, 2024
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals Consulting Services Agreement between Page 8 of13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 34 Tuesday, September 10, 2024
of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection I.I. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
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City of Union City and Badawi and Associates, CP ,\
City Council/RSA Agenda 35 Tuesday, September 10, 2024
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
Consulting Services Agreement between Page 10 of13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 36 Tuesday, September 10, 2024
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
10.2.1 Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority.
10.2.2 If the dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any mediator, and shall bear their own attorney's fees for the mediation.
10.2.3 The alternative dispute resolution process in this section is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
10.3 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.4 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. • 10.7 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.8 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant Consulting Services Agreement between Page 11 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 37 Tuesday, September 10, 2024
in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.9 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.10 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as the City's Finance Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator.
10.11 Notices. Any written notice to Consultant shall be sent to:
Mr. Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
180 Grand Ave. Suite 1500
Oakland, CA 94612
Telephone: (510)768-8244
E-mail: [email protected]
Any written notice to City shall be sent to:
Antonio E. Acosta,
City Manager
City of Union City
34009 Alvarado Niles Rd.
Union City, CA 94587
with a copy to
Kristopher J. Kokotaylo,
City Attorney
City of Union City
34009 Alvarado Niles Rd.
Union City, CA 94587
10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Consulting Services Agreement between Page 12 of 13
City of Union City and Badawi and Associates, CPA
City Council/RSA Agenda 38 Tuesday, September 10, 2024
Seal and Signature of Registered Professional with
re • • • • .
10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A.I
Exhibit A.2
Exhibit B
Technical Proposal
Dollar Cost Proposal
RFP Proposal
10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY
ANT~A
CITY MANAGER
ATTEST:
~~-~ ANNA M. BROWN
CITY CLERK
APPROVED AS TO FORM:
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
Consulting Services Agreement between
City of Union City and Badawi and Associates, CPA
Badawi
~
and Assoicates, CPA
AhmedBadawi
Partner
City Council/RSA Agenda 39 Tuesday, September 10, 2024
City of
Union City
SEALED DOLLAR COST BID PROPOSAL
For Professional Auditing Services for City of Union City For fiscal years ending June 30, 2019 through 2023.
February 7, 2019
Contact Person:
Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
180 Grand Avenue, Suite 1500
Oakland, CA 94612
Phone: (510) 768-8244
Fax: (510) 768-8249
E-mail: [email protected]
....
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City Council/RSA Agenda 40 Tuesday, September 10, 2024
City Council/RSA Agenda 41 Tuesday, September 10, 2024
City of Union City
Name of Firm and Certification
Name of Firm: Badawi & Associates
Address: 180 Grand Avenue, Suite 1500
City, State, Zip: Oakland, CA 94612
Contact Name: Ahmed Badawi
Contact Telephone Number(s): 510-768-8244
Contact Fax Number(s): 510-768-8249
Contact E-mail Address: [email protected]
Cost Proposal
I, the undersigned, certify I am duly authorized to represent the above named firm and am empowered to submit this bid. In addition, I certify I am authorized to contract with the City on behalf of the above named firm.
The Firm will honor the prices listed in this proposal for 180 days from the submittal deadline. ,A
Signature
Ahmed Badawi
Name (print)
[n~"I" ► ~b~~~,!~~~R)S~1J~
President
Title
February 7, 2019
Date
1 City Council/RSA Agenda 42 Tuesday, September 10, 2024 City of Union City Cost Proposal
Audit Work Cost Proposal Form
Service 2019 2020 2021 2022 2023
City Audit and Related Reports $ 66,670 $ 68,165 $ 69,225 $ 69,225 $ 69,225 Single Audit and Related Reports 4,695 4,945 5,100 5,100 5,100 Special Purposes Audit and Related Reports 7,870 7,995 8,315 8,315 8,315 (B/88, F & TOA) GANN Limit Audit Report 590 620 650 650 650
Total for Fiscal Year (not-to-exceed) $ 79,825 $ 81,725 $ 83,290 $ 83,290 $ 83,290 Certification
I, the undersigned, certify that I am duly authorized to represent Badawi and Associates and am empowered to submit this bid. In addition, I certify I am authorized to contract with the City of Union City on behalf of Badaoe and Associates.
Print Name Ahmed Badawi
Tittle Partner
Position
Hours
Partner 84
Audit Manager 169
Audit Senior 253
Professional Audit Staff 312
IT Specialists 2
Administrative Assistant 30
Print Name Ahmed Badawi
Tittle Partner
A
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Signature __,_A...:...\.-u:l ___ t5_~-.,,...:::;...-"="_-_-_-_ Date February 7, 2019
Estimate of Cost
2019
Rates
$ 150 $
120
85 75
120
60 2020 2021 2022 2023
Rates Rates Rates Rates
155 $ 160 $ 160 $ 160
125 130 130 130
90 95 95 95
80 85 85 85
125 130 130 130
65 70 70 70
Signature A\.-u:lB~--
Date February 7, 2019
2 City Council/RSA Agenda 43 Tuesday, September 10, 2024 City of Union City Cost Proposal
Rates for Additional Professional Services:
Any services outside the scope of our engagement will be promptly identified before the services are rendered.
Upon mutual agreement, the out-of-scope services will be separately billed at our standard hourly rates. While it can be difficult to simply state hourly rates, as often times the needs of the client and the specific tasks directly impact the billing rates for our services, we want to provide the following information regarding our published billing rates:
Partner
EQR
Manager
Senior
Staff
IT
Admin.
. Hourly,Rate
$ 200
200
150
125
100
150
75 Our Standard Hourly Rates are adjusted annually by 3% for Cost of Living and Inflation Adjustments A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to:
* Rendering the highest standard of service.
* Developing a long-term working relationship dedicated to meeting the needs of the City. * Assisting the City in operational issues.
* Producing a quality end-product.
We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization.
We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal.
Thank you for allowing us to present our Firm to you.
A
f K•J► BADAWI &ASSOCIATES
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*****************
3 City Council/RSA Agenda 44 Tuesday, September 10, 2024 City of
Union City
rnECHNIGAU PROP0SAL
For Professional Auditing Services for City of Union City For fiscal years ending June 30, 2019 through 2023.
February 7, 2019
Contact Person:
Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
180 Grand Avenue, Suite 1500
Oakland, CA 94612
Phone: (510) 768-8244
Fax: (510) 768-8249
E-mail: [email protected]
..._
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City Council/RSA Agenda 45 Tuesday, September 10, 2024
City of Union City
Table of Contents
Page
Letter of Transmittal ......................................................................................................................................... 1 Independence .................................................................................................................................................... 3 Firm Qualifications and Experience ................................................................................................................ 3 Insurance ....................................................................................................................................................... 3 License to Practice in California .................................................................................................................... 3 Firm Qualifications ......................................................................................................................................... 3 Technical Approach ....................................................................................................................................... 4 Firm Experience ............................................................................................................................................. 5 Additional Activities ........................................................................................................................................ 5 Client Training Seminar ................................................................................................................................. 6 CSMFO Training ............................................................................................................................................ 6 GASB 68 Firm Developed Tools and Assistance .......................................................................................... 6 Quality Control Review .................................................................................................................................. 6 Federal or State Desk Reviews ..................................................................................................................... 8 Disciplinary Action .......................................................................................................................................... 8 Lost Clients and Pending Litigations: ............................................................................................................. 8 Partner, Supervisory, and Staff Qualifications and Experiences ................................................................ 9 Similar Engagements with Other Governmental Entities ........................................................................... 16 Understanding of Services to be Provided .................................................................................................. 19 Specific Audit Approach ................................................................................................................................ 20 Objectives of Our Services .......................................................................................................................... 20 Audit Approach ............................................................................................................................................ 20 Technical Approach ..................................................................................................................................... 21 Audit Schedule ............................................................................................................................................. 24 Discussion of Relevant Accounting Issues ................................................................................................. 27 Conclusion ...................................................................................................................................................... 28 Appendix A ...................................................................................................................................................... 29 References ................................................................................................................................................... 29 City Council/RSA Agenda 46 Tuesday, September 10, 2024
BADAWI &ASSOCIATES
CEFHIFIED PUBLIC ACCour,1r Ar'.JTS
February 7, 2019
Ms. Anita Castillo
Budget Manager
City of Union City
34009 Alvarado-Niles Rd
Union City, California 94587
Dear Ms. Castillo:
Badawi & Associates (B&A), Certified Public Accountants (the "Firm") is pleased to have the opportunity to respond to your request for a proposal to provide external audit services and to submit its qualifications to perform an independent audit of the financial statements of the City of Union City (the "City") for the fiscal years ending June 30, 2019 through 2023. The objective of our audits is to issue opinions regarding the fairness of presentation of the financial position of the City in accordance with generally accepted accounting principles.
These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984, as amended in 1996), and the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations, Uniform Administrative Requirements, as well as any other applicable federal, state, local or programmatic audit requirements.
We will also perform the following as part of our audit:
Single Audit
Measure B Funds Report.
Measure BB Funds Report.
Transportation Development Act Program Report.
GANN Limit Audit Report
We will also apply limited audit procedures to Management's Discussion and Analysis (MD&A) and required supplementary information. In addition, we will prepare the management letter containing comments and recommendations regarding our review and evaluation of the systems of internal control and accounting procedures.
This proposal will highlight the background of the partners and staff assigned to the engagement, summarize our experience in the governmental area, and describe our approach to auditing the City.
This proposal demonstrates our ability to render the quality examination and to perform the necessary accounting and auditing services requested by the City on a timely basis.
As a partner of the Firm, I will be the primary contact for negotiation of the contract. Additionally, I have been authorized to legally bind the Firm. You may contact me at the following address and phone number:
Address: 1 SO (;r;;;nd
Mr. Ahmed Badawi, CPA
Badawi & Associates
Certified Public Accountants
180 Grand Ave. Suite 1500
Oakland, CA 94612
Telephone: (510)768-8244
E-mail: [email protected]
City Council/RSA Agenda 47 Tuesday, September 10, 2024
Ms. Anita Castillo
Budget Manager
City of Union City
Page2
We are committed to performing the required work, completing the audit, and issuing the necessary auditors' reports.
We believe we are the best qualified to perform the audit because our audit staff includes individuals well versed in municipal auditing and reporting requirements. We have performed auditing and consulting engagements for numerous cities throughout Califoroia. We will be responsive to the needs of the City, we understand the City's operational environment, and pledge to you our complete commitment to providing a quality product that meets the City's requirements.
The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City's office operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate "surprises". Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies and disruptions are kept to a minimum. In addition, we perform almost half of the audit tasks during the interim phase to minimize any unforeseen delays during the year-end phase and to ensure a smooth and timely audit process.
The Firm maintains liability insurance coverage for professional liability, Workers' Compensation, Comprehensive General Liability and Auto as part of our comprehensive insurance policy.
The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement.
This proposal is a firm and irrevocable offer for 180 days.
We are confident that you will find our organization offers the required expertise, technical knowledge, and business understanding to perform an audit of the City. Our past experience provides us with a thorough understanding of the needs and requirements of the City, as well as the technical knowledge to perform such services in accordance with the accounting and auditing guidelines as published by the various authoritative entities.
We welcome your inquiries and look forward to further discussions with you.
Sincerely,
Ahmed Badawi
Partner
Badawi & Associates
Certified Public Accountants
.. l~!~I ► BAO,A~I&ASSOC1J\~S wr
2 City Council/RSA Agenda 48 Tuesday, September 10, 2024 City of Union City Technical Proposal
Independence Independence
Firm
Qualifications
and
Experience
<I!..
The Firm is independent of the City of Union City as defined by the GAO's Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and the AICPA and California State Society of Certified Public Accountants as promulgated in various auditing and professional standards.
Insurance
The Firm maintains professional liability insurance and other coverage as part of our comprehensive insurance policy. Upon selection as City's independent auditor, the Firm and our insurance provider will provide a certificate of insurance to City which shows the minimum requirements identified by City have been met.
License to Practice in California
The Firm and all key professional staff assigned to City's audit are properly licensed to practice as Certified Public Accountants in the State of California and comply with GAO Government Auditing Standards.
The Firm is registered with the California State Board of Accountancy. Its State number is COR6823.
The Firm has met all required State and local laws, rules, and regulations.
Firm Qualifications
Badawi & Associates was founded by Mr. Ahmed Badawi. Mr. Badawi has over 20 years of experience working with state and local government with a special focus on cities. Prior to founding B&A, Mr. Badawi was a partner with several local and national firms, where he headed their government practice in Northern California. Mr. Badawi founded Badawi & Associates to serve the fast-paced needs of California's local governments. The goal is to build a proactive, client-focused culture from the ground up and to eliminate the entrenched bureaucratic culture and intrinsic limitations of the big audit firms.
Located in Oakland, CA, the Firm serves a variety of cities throughout California as well as conducting financial related services for numerous special districts and authorities. Names and phone numbers of several of our current and past clients and other references are provided for your inquiries. We encourage you to contact these individuals to obtain information on the quality of the audit and the ability of the audit staff.
Our Oakland office will be the Engagement Office assigned to the City.
In addition to specific city financial statements, the Firm members have also audited numerous redevelopment agencies, public financing authorities, hospitals, housing authorities, transportation authorities, special districts, water districts, OCJP grants, self-insurance pools, joint power authorities and has also performed numerous compliance audits in accordance with the Single Audit Act, childcare regulations, TOT regulations, AQMD regulations, franchise requirements.
The Engagement Partner assigned to the City, Mr. Ahmed Badawi. Mr. Badawi has over 20 years of government audit experience. He is a member of various governmental committees, has actively participated in the development of accounting and audit guidelines for the governmental sector, and is an instructor for the California Society of Municipal Finance Officers.
The professional staffs assigned to the Engagement are qualified and experienced. Each individual of the Engagement Team has several years of experience and has conducted or participated in numerous municipal audits of various sizes. Their understanding of governmental operations and the various authoritative guidelines will provide the where-withal! to perform the audit in an efficient and effective manner with minimal disruption to the City's finance department.
4~J~1 ► ~A~~~il&ASSOCIA1:~~ 3
V
City Council/RSA Agenda 49 Tuesday, September 10, 2024
City of Union City
A
Technical Proposal
Technical Approach
The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City's operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate "surprises". Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum.
The audit approach will consist of four phases:
1) Initial Planning Meeting:
The Engagement Partner and Manager will meet with City Management to discuss the audit approach, identify specific needs of City Management, and familiarize themselves with City policies and practices.
2) Interim:
The Engagement Team members including the Engagement Team Partner will perform the internal control reviews, test transactions, evaluate compliance with Single Audit Act requirements, identify potential audit issues that need to be addressed, perform limited confirmation procedures, and develop a clear understanding between the Engagement Team and City Management of the year-end audit responsibilities and assignments. In addition, we strive to complete many of the year-end audit tasks during the interim phase to ensure a smoother audit process. We will work with the City on providing a list of those tasks that we will target to complete during interim and work with the City on how to complete them to minimize the amount of effort and time needed at year-end which in turn will assist the City in meeting its goal of issuing the CAFR. 3) Year end:
The Engagement Team members including the Engagement Team Partner will conduct validation procedures on general ledger account balances, complete confirmation procedures, perform analytical procedures on revenue and expenditures, perform search for unrecorded liabilities, complete compliance work on Federal Assistance, and wrap up audit field work.
4) Reporting:
Auditor's reports for all City reporting entities and compliance requirements will be finalized along with Single Audit Reports and Management Letter comments. The Partner and Manager will be available to make presentations to the City Council and/or designated bodies.
4~;~1 ► ~A~~~I&A~,SOCIAlJS 4 ,,., City Council/RSA Agenda 50 Tuesday, September 10, 2024 City of Union City
A
Technical Proposal
Firm Experience
The Firm is located in Oakland, and provides a full range of accounting services to governmental agencies throughout California, including audit, tax and accounting. The Firm's professional staff members provide the financial background and specific experience to meet the City's operational needs. Additionally, this situation provides the City with an auditing firm that has depth in capabilities to address any financial issue the City may need assistance with, and the quality audit approach that you expect.
Our Oakland office will be the Engagement Office assigned to the City.
Firm policy requires that the Engagement Partner, during the first year of the engagement, be actively involved in the daily fieldwork. This means to the City that Mr. Badawi will actually be on-site during the audit coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes, and benefiting the City with his broad municipal experience. We have found that this effort benefits the City and the Firm through developing a thorough knowledge of the City's practices and issues and establishing a close working relationship with the City's Management. Additionally, continuity of audit personnel is assured because of the hands on involvement of the Partner.
We are committed to providing appropriate and related experience, personal involvement, and a broad business perspective to produce a quality end product within the time frames required.
The Firm provides financial and compliance auditing services to governmental agencies throughout California. We are a governmental agency auditing firm and our professional staff members have been performing these services for many years. As a result, we have performed financial and compliance audits on most, if not all, types of governmental agencies and operations including:
• Cities
• Redevelopment
Agencies
• Financing
Authorities
• Housing Authorities
• Special Districts
• Water Districts
Additional Activities
• Waste Management
Authorities and
Operations
• Pension Plans
• Child Care
Operations
• Joint Power
Authorities
• Investment Activities
• Landfills
• Enterprise Funds
• Airports
• Transportation
Operations
• Federal and State
Grants
We offer a full range of accounting and finance services to the governmental sector. These services include:
• Financial audits • Operational reviews
• Compliance audits • Technical guidance on existing and • Tax advice upcoming accounting issues
• Development of financial and • Training seminars
accounting policies and procedures • Pension/profit-sharing plans • Investment review and compliance • Performance audits evaluation • Business consulting
Consequently, Firm personnel are well qualified to perform the services expected by the City i~l~i ► ~AO,AW,I &ASSOCIATES 5
V
City Council/RSA Agenda 51 Tuesday, September 10, 2024
City of Union City
~.,.
Technical Proposal
Client Training Seminar
The Firm hosts an annual update on recent technical accounting and finance issues affecting the governmental area. This all day session reviews new and anticipated pronouncements from GASB, discusses future issues under consideration by GASB, reviews accounting treatment of various transactions where issues may arise, and provides a general overview of state and federal compliance issues. All of our clients are invited to attend, free of charge. The one day session qualifies for CPE under the rules of the State Board of Accountancy and is held in locations throughout the Bay Area.
CSMFO Training
The Firm provides a one-day training session entitled "Introduction to Governmental Accounting" to members of CSMFO. Firm personnel developed the class materials and teach the sessions. Approximately 10 sessions are held annually at various locations throughout the State. The Firm provides these sessions for only the cost of materials to CSMFO in keeping with its philosophy to support the industry in which it serves.
GASB 68 Firm Developed Tools and Assistance
The Firm has developed tools to assist our clients with preparation of GASB 68 journal entries for the CalPERS' Cost Sharing Plans (for which individualized actuarial valuations are no longer prepared) and the CalPERS' Agent Multiple Employer Plans. In addition to providing our clients with these tools and instructions on how to use them, we are available to answer any questions on how to prepare and complete the GASB 68 journal entries.
Quality Control Review
According to Government Auditing Standards, firms who perform audits under the Yellow Book are required to have a peer review once every three years. We received a report with a rating of pass with no deficiencies which we attached for your review. ~i~l~i ► ~~~BAW~l&ASS~CIATES 6
V
City Council/RSA Agenda 52 Tuesday, September 10, 2024
City of Union City Technical Proposal
,A
{erlificd Public Auaunlanh :~ Bu1ine,1 (on,ultanll
Badawi & Associates
Oakland, California;
Svstcm Review Report
and the Peer Review Committee of the California Society ofCPAs Jou-; Lmn,, Cl~-\
S,m ff"'- C. \Vr. JJ,\~l\ Cl'A
JO:if.111 0. R< l,\11:1{( l, CPA
We have reviewed the system of quality control for the accounting and auditing practice of Badawi & Associates (the firm) in effect for the year ended February 29, 2016. Our peer review was conducted in accordance with the Standards for Pcrfom1ing and Reporting on Peer Reviews established by the Pc:er Review Board of the American Institute of Certified Public Accountants. As part of our peer review, we considered reviews by regulatory entities, if applicable, in detennining the nature and cxtenl of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the frnn's complinnce therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review arc described in the standards al www.aicpa.oru/prsummarv.
As required by the standards, engagements selected for review included engagements performed under Governme/11 Auditing Standard~.
In our opinion, the system of quality control for the accounting and auditing practice of Badawi & Associates in effect for the year ended February 29, 2016, has been suitably designed and complied with to provide the fim1 with reasonable assurance of perfom1ing and reporting in confom1ity with applicable professional standards in all material respects.
Firms can receive a rating of pass, pass with dejiciency(ies) or fail. Badawi & Associates has received a peer review rating of pass.
(; l{ LJ)e u:...i.u-i lLP
Ontario, California
May 20, 2016
CPA~tt~J,£! c:ro,....., t b\-,,lh lntcm.11lonat
~f~f~j~ ~~°'~Y",1.~A~~OCI~~S ..,, 7
City Council/RSA Agenda 53 Tuesday, September 10, 2024
City of Union City
•
Technical Proposal
B&A has policies and procedures to ensure it hires only qualified people, that it properly supervises them and provides professional training, that it advances them to responsibilities they are capable of handling, and that it provides them with necessary technical resources. All members of B&A are very familiar with the stringent quality control standards established by theAICPA.
The Firm is a member of the AICPA Government Audit Quality Center.
The Firm is a member of the AICPA Private Companies Practice Section.
Federal or State Desk Reviews
The Firm has had no negative federal or state reviews in the past three (3) years.
Disciplinary Action
There has not been any state or federal disciplinary actions taken or pending against the Firm nor any findings to report.
Lost Clients and Pending Litigations:
The Firm has not experienced termination of any contracts before completion, and has not experienced any lawsuits or legal actions that have been resolved or are currently pending in the prior five years .
4~f~1 ,, ~A°'Aw"1._&Assoc1ATES 8
y City Council/RSA Agenda 54 Tuesday, September 10, 2024 City of Union City
Partner,
Supervisory,
and Staff
Qualifications
and
Experiences
&
Technical Proposal
The Engagement Team will normally consist of seven individuals who provide a broad business perspective and significant experience in governmental auditing. This team will provide access to a wide range of technical capabilities which will provide the City with not only the technical support necessary to perform the audit, but also the broad business background to interpret findings and observations to offer effective solutions to issues, and the personal involvement of the Engagement and Compliance Partners of the Firm.
The Engagement Team will be led by Ahmed Badawi, CPA. Mr. Badawi's background includes over eighteen years of municipal auditing experience with a special focus on cities. He is the instructor of the CSMFO "Introduction to Governmental Accounting" training classes. Mr.
Badawi is a member of the Government Accounting and Auditing Committee, the Accounting Principles and Auditing Standards Committee and the State Technology Committee of the California Society of Certified Public Accountants. He has participated in the audits of numerous city, county and special district governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and nonprofit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations.
The second member of the Engagement Team is Mitesh Desai, CPA. Mr. Desai's background includes ten years of experience in municipal auditing. Mr. Desai has participated in the audits of numerous governmental agencies, assisted in their efforts to publish their CAFRs in compliance with GASB 34, and a volunteer member of the GFOA Special Review Committee.
Mr. Desai has also achieved the Advanced Single Audit Certificate offered by the AICPA. He will serve as the Audit Manager.
The third member of the Engagement Team is Edward Peszewski, CPA. Mr. Peszewski's background includes over seven years of auditing experience, including several city audits.
Mr. Peszewski will be the senior of this engagement
The fourth member of the Engagement Team is Robert Wucher. Mr. Wucher has 30 years of experience in the field of Information Technology (IT) at the senior and executive management <(~l~i~ BAO,~YfI&A~-~OCIA~S 9 City Council/RSA Agenda 55 Tuesday, September 10, 2024 City of Union City
A.
Technical Proposal
level. He has worked extensively with government agencies, private organizations and public companies. Industry experience includes the public sector, banking, manufacturing, Internet, health care and not-for-profit organizations.
Each member of the Engagement Team participates in continuing education programs offered by the AICPA and California State Society of Certified Public Accountants, and each has met the continuing education requirements for municipalities. In addition, the firm offers at least 60 hours of in-house CPE annually focused mainly on municipal audits.
Professional Development:
The Firm maintains a comprehensive training program targeted at appropriate professional staff levels. It utilizes in-house developed educational programs, AICPA and California CPA Foundation educational programs, and on-the-job training.
The Firm's annual training schedule which officially begins in April for all professional staff and administrative staff includes comprehensive in-house training sessions on such topics as:
• Review of principles of accounting and financial reporting for state and local governments.
• Review of governmental fund types and account groups. • Review of newly issued generally accepted auditing standards and GAO auditing standards.
• Review of Internal Control evaluation approaches including COSO principles.
• Updates on recent governmental accounting and reporting guidelines.
• Review of Single Audit requirements and approaches.
• Review of financial audit approaches.
• Overview of audit and internal control work paper techniques. • Review of GASB reporting requirements.
• Review of current issues facing the governmental community.
During the year, professional staff members are sent to various educational sessions sponsored by the AICPA and California State Society of CPAs, as considered appropriate for the level and need of the individual. These classes include, among others:
• Governmental Financial Reporting Standards and Practices. • Yellow Book: Government Auditing Standards.
• Financial Accounting Standards: Comprehensive Review. • Single Audit.
• Governmental Auditing & Accounting Update.
• Governmental Accounting Principles.
• Comprehensive Review of Generally Accepted Auditing Standards The result of the Firm's training program is the production of a highly educated and competent municipal audit group capable of performing an efficient and effective audit for the City.
The Team members will continue their professional development efforts. 4~;~, ► ~~R~~I&ASSOCIATE~ 10
V City Council/RSA Agenda 56 Tuesday, September 10, 2024 City of Union City
4 Technical Proposal
Staff Retention and Continuity:
The Firm's policy on providing service to our clients includes a commitment to maintaining continuity of audit personnel. We cannot guarantee that our staff will remain with the Firm.
However, to encourage our staff to remain with us, we pay competitive wage rates; offer promotional opportunities; provide state-of-the-art equipment and excellent working conditions; and offer various benefits, such as retirement plans, medical plans, profit sharing programs, educational benefits, and other such benefits. We can also guarantee that the partner will be involved in future years. Continuity of audit staff is of prime concern to us and because of the hands-on involvement of the partner; we can assure you that future years' audits will be conducted in an efficient and effective manner with qualified and experienced professionals.
The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement.
Resumes of each member of the Engagement Team follow.
4~J~lr ~A°'AWI~ASSOCIATES 11
V
City Council/RSA Agenda 57 Tuesday, September 10, 2024
City of Union City
A
Technical Proposal
Ahmed Badawi, Certified Public Accountant - En~agement Partner Length of Career
• Twenty years' experience in municipal auditing and accounting with a special focus on cities. • Certified Public Accountant for the State of California.
Professional Experience
• Partial listing of clients served:
Cities:
Albany
Antioch
Azusa
Barstow
Berkeley
Buena Park
Burlingame
Dublin
East Palo Alto
Foster City
Fremont
Menlo Park
Newark
Pittsburg
Pleasanton
Redwood City
Richmond
San Bruno
San Leandro
San Mateo
Susanville
Turlock
Union City
Vacaville
Walnut Creek
Yountville
Yuba City
Counties:
Santa Cruz County
Contra Costa County
County of Lassen
Special Districts and Other:
Port of Redwood City
Marin Municipal Water District
Coastside Fire Protection District
Alameda County Waier District
Cosumnes Community Services District
East Bay Regional Park District
Financial
Audit
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Single
Audit
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Services Provided
RDA PFA
Audit Audit
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Enterprise
Fund
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Other
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
• Has performed numerous financial audits, Single Audits, Transportation Development Act audits, housing audits, electrical utility audits, RDA audits, PFA audits, and Trust Fund audits, and has prepared numerous CAFRs.
Education
• BS Degree in Accounting from the University of Alexandria, Egypt.
Professional Activities
• Instructor, CSMFO's "Introduction to Governmental Accounting" training class. • Member, CALCPA Government Accounting and Auditing Committee • Member, American Institute of Certified Public Accountants. • Member, California Society of Certified Public Accountants. • Member, Government Finance Officers Association.
• Member, California Society of Municipal Finance Officers. • Chair, Audit Committee, San Francisco SPCA, a CA nonprofit organization Continuing Education
• Has met the current CPE educational requirements to perform audits on governmental agencies 4~$~1 ► ~~~°'/\W1l&ASSOCI~TES 12
"" City Council/RSA Agenda 58 Tuesday, September 10, 2024 City of Union City
,&..
Technical Proposal
Mitesh Desai, Certified Public Accountant - Professional Audit Manager Length of Career
• Ten years' experience in municipal auditing with a special focus on cities. • Certified Public Accountant for the State of California.
Professional ExQerience
• Has participated in several financial audits, Single Audits, RDA audits, Transportation Development Act audits, and housing audits Services Provided
Financial Single RDA PFA Enterprise
Audit Audit Audit Audit Fund
Cities:
Antioch X X
Albany X
Azusa X X X
Barstow X X X
Berkeley X X X X
Buena Park X X X
Foster City X X X X
Fremont X X X X
East Palo Alto X X X
Lemon Grove X X
Newark X X X
Menlo Park X X
Oakdale X X X
Pittsburg X X X X
Placerville, X X X
Redwood City X X X
Rio Vista X X X
San Mateo X X X X
Susanville X
Turlock X X
Union City X X
Vacaville X X X X
Yountville X X
Yuba City X X X
Counties:
Contra Costa X X X X X
Glenn X
Santa Cruz X X X X X
Special Districts and Other:
Alameda County Water District X
Alameda County Medical Center X X
Castro Valley Sanitary District X
Cosumnes Community Services District X
Golden Valley Health Centers X
Marin Municipal Water District X
West County Wastewater District X
Contra Costa Child Development Programs X
Education
PFA audits,
Other
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
• BS Degree in Business Economics with an emphasis in Accounting from University of California, Santa Barbara
Professional Activities
• Member, American Institute of Certified Public Accountants. • Member, California Society of Certified Public Accountants. • Volunteer Member, GFOA Special Review Committee.
Continuing Education
• Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
• Has met the current CPE educational requirements to perform audits on governmental agencies 4~8~1 ► B_i:°'AW1I&ASSOCIATES 13
T City Council/RSA Agenda 59 Tuesday, September 10, 2024 City of Union City
A.
Technical Proposal
Edward Peszewski, Certified Public Accountant- Professional Audit Senior Length of Career
• Seven years of experience in auditing.
• Certified Public Accountant for the State of California.
Professional Experience
• Partial listing of clients served:
Cities:
Albany
Barstow
Berkeley
Buena Park
Dublin
El Cerrito
Lindsay
Merced
Oakdale
Redwood City
Sebastopol
Susanville
Yuba City
Towns:
Yountville
Special Districts:
Aptos/La Selva Fire Protection District
Cosumnes Community Services District
Elk Grove Water District
Hayward Area Recreation and Park District
Marin County Parks
MJnterey Bay Unified Air Pollution Control Dii
Sutter Animal Services Authority
Sutter Butte Flood Control Agency
Non-profits:
Building Industry Association of the Bay Area
Girls Incorporated of Alameda County
Education
Financial
Audit
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
sco
Report
X
X
Services Provided
RDA PFA
Audit Audit
Enterprise
Fund
X
X
X
X
X
X
X
X
X
X
X
X
• Certificate in Accounting from University of California, Berkeley - Extension • BA Degree in History from University of California, Santa Barbara Professional Activities
• Member, American Institute of Certified Public Accountants.
Continuing Education
Other
X
X
X
X
X
X
X
X
X
X
X
X
X
X
• Various municipal accounting courses offered by the California Society of CPAs and local universities including:
- Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards
- Municipal Accounting
- Single Audit
• Has met the current CPE educational requirements to perform audits on governmental agencies 4~1~i ► BA°'AWI_&A~'~oc1~p:s 14
v· City Council/RSA Agenda 60 Tuesday, September 10, 2024 City of Union City
....
Robert Wucher - Information Technology Specialist
Length of Career
• Thirty years' experience in information technology (IT) Technical Proposal
• Worked extensively with government agencies, private organizations and public companies • Industry experience includes public sector, banking, manufacturing, internet, healthcare, and not-for profit organizations
Areas of Expertise
• Systems Auditing and Controls Review (SEC AU-314, SAS-109, SAS-94) • Sarbanes-Oxley, Section 404 IT Compliance Consulting and Auditing • Journal Entry Analysis in Support of SAS-99 using IDEA by Caseware • SSAE-16 (SOC 1, 2 & 3), Type I & II Reporting (Formerly SAS-70) • ERP/MRP System Reviews and Workflow Analysis
• Software as a Service (SaaS) Cloud Computing Technologies • International and Multinational Company IT Audit Expertise • Forensic Data Analysis and Litigation Support in Support of Fraud Auditing • Systems Selection and Request-for-Proposal (RFP) Development • Systems Programming and Data Conversion
• Systems Failure Analysis and Quality Improvement
• E-commerce and EDI Systems
• Information Technology Strategic Planning
• System Process/Procedures Development and Implementation • Disaster Recovery and Business Continuity Planning
Publications
• Author, The Top Five Tips Every Technology Executive Needs to Know About SarbanesOxley, Published 2007, Aspatore Books • Author, Winning Legal Strategies for Technology & E-Business, An Overview of IT Controls Under Sarbanes-Oxley Published 2005, Aspatore Books
Presentations
• IT Security Trends
• Data Privacy and Cloud Computing
• IT Trends and Red Flag Rule
• IT Controls for NFP Organizations
Education
• B.S. degree in Business Administration, Finance, Old Dominion University, Norfolk, VA.
Professional and Civic Associations
• Member, Information Systems Audit and Control Association (IASCA) • MAS-90 Accounting Application Suite Qualified Installer, SAGE Systems • Former Board Member, Pets are Wonderful Support (PAWS), San Francisco, CA 4i~l~11, ~A~~~I&A~SOC~JATE~ 15
V City Council/RSA Agenda 61 Tuesday, September 10, 2024 City of Union City
Similar
Engagements
with Other
Governmental
Entities
,!.
Technical Proposal
The tables below and on the following page are a partial listing of our clients similar to the City, and illustrates the many different types of components involved in each audit engagement that present very difficult and complex auditing and accounting challenges (in order of audit hours). * Indicates cities with population over 50,000
** Indicates cities with governmental revenues over 100 million and population over 50,000 >,
.. " C "Cl Cl> Cl> .... ~ "' C C =o ·;: "Cl ::, t Cl .... Cl> Cl! "E ct '6 "Cl "Cl ::, 0 C IL " ~ .. C C ct £ ::, .... C 0. ::, IL
t:'? 0:: "' 0 ::, ::, ::,
~ iii ... ct i3 IL E Cl> ::,
::, C: Principal Contact IL ct "' IL ct {:: u .... 0 Cl> ct "' Cl> .. .. Cl! ct Cl> "' c, I- .2l f (.) Cl •;: C :c E (.) 0 " C: 0. C .!!! Cl> " C
~ :!:! "iii $ 0
u Cl IL ::, iii Cl> "iii Cl! t!) Cl) Cl) :c ::,
0 C: C: Cl ~ (.) w Cl> C :c w 0 0.
0::
Mr. Henry Oyekanmi
** Berkeley 2008 1800 Ahmed Finance Director X X X X X X X X Badawi (510)981-7300
hoyekanmi@ci. berkeley .ca. us
Mr. Derek Rampone
** Redwood City 2006 600 Ahmed Financial Sen,jces Manager X Badawi (650)780-7071
X X X X X X X
dram [email protected]
Mr. Ken Matsumiya
** Vaca\ille 2008 600 Ahmed Accounting Manager X X X X X X X X X Badawi (707)449-5104
[email protected]
Mr. Mark Carlson
* Union City 2006 600 Ahmed Finance Director X X X X X X Badawi (510)675-5338
[email protected]
Mrs. Krysten Lee
Newark 2009 550 Ahmed Director of Administratil,e Serl.ices X X X X X Badawi (510)578-4804
[email protected]
Ms. Cindy Prothro
Barstow 2012 550 Ahmed Finance Director
Badawi (760)255-5115
X X X X X X
[email protected]
Ms. Talika Johnson
Azusa 2017 530 Ahmed Finance Director X X X X X X X
Badawi (626)812-5203
[email protected]. us
Mr. Nick Pegueros
Menlo Park 2014 514 Ahmed Administrati1.e Sen,jces Director X Badawi (650)330-6640
X X X X X X X
[email protected]
Mr. Drew Corbett
** San Mateo 2004 500 Ahmed Finance Director X X X X X X X Badawi (650)522-7104
[email protected]
Mr. Sung Hyun
* Buena Park 2013 500 Ahmed Finance Director
Badawi (714)562-3717
X X X X X X X
[email protected]
Ms. Dawn Merchant
* Antioch 2005 470 Ahmed Finance Director X X X X X X X X Badawi (925)779-6135
[email protected]
4~l~i ► ~~~~wr&A~,s~CIATES 16
'l,*
City Council/RSA Agenda 62 Tuesday, September 10, 2024
City of Union City Technical Proposal
>,
... " "C CIJ C:
CIJ .... ~ 1/) C: C: 'c ·;:: "C ::, t: "C Cl ... C: LL CIJ <U ... <( '5 "C "C ::, 0 ::, " I C: C: <( -s ti C: I!! 0. 5 ::, ::, ::, IL iii ... 0:: <( c3 f! ::, ::, ~ ::, C: Principal Contact LL 1/) IL LL <( CIJ ~ <3 ... 0 CIJ <( 1/) CIJ ... ... <U 1/)
C: :c E u <( CIJ 0) I- j!l ! u Cl •;:: C: CIJ 0 " C: e- CIJ " ·= <U ::! ·;;; 0 § Cl LL ::, ~ $ ·;;; <U C> Cl) Cl) Cl) :c ::,
0 C: C: Cl <( u w CIJ C: :c 0. w C
0::
Ms. Robin Bertagna
** Yuba City 2017 450 Ahmed Finance Director
Badawi (530)822-4615
X X X X X X X
[email protected]
Ms. Deborah Savage
Susan~lle 2013 450 Ahmed Finance Manager X X X X X
Badawi (530)252-5112
dsavage@cityofsusan~lle.org
Ms. Brenda Olwin
East Palo Alto 2014 450 Ahmed Finance Director X X X X X X Badawi (650)853-3122
[email protected]
Ms. DeAnna Hilbrants
Millbrae 2015 400 Ahmed Finance Director X X X X X
Badawi (650)259-2350
[email protected]
Ms. Heather Rowden
Albany 2008 380 Ahmed Finance Director X X X X X X X
Badawi (510)528-5730
[email protected]
Ms. Venus Rodriguez
• Merced 2016 360 Ahmed Finance Director X X X X
Badawi [email protected]
Mr. Bret Harmon
Lindsay 2017 350 Ahmed Finance Director X X X
Badawi (559)562-7102 ext. 8020
[email protected]. us
Ms. Bonnie Johnson
Calimesa 2013 350 Ahmed Finance Director X
Badawi (909)795-9801 ext 231
[email protected]
Mrs. Carolyn Cooper
Guadalupe 2017 300 Ahmed Finance Director X X X X
Badawi (805)356-3895
[email protected]. us
Mrs Maria Ojeda
Yount~lle 2015 300 Ahmed Finance Director X X X X X X X Badawi (707)944-8851
rarrow@y~lle.com
Ms. Linda Lea1.er
Crescent City 2014 300 Ahmed Finance Director X X X X X X Badawi (707)464-7483 x224
[email protected]
Mr. Albert A~la
Oakdale 2016 290 Ahmed Finance Director X X X X X X
Badawi (209)845-3584
[email protected]. us
A
l~l~i ► ~A°'~~I&ASSOCI~~~ 17
V
City Council/RSA Agenda 63 Tuesday, September 10, 2024
City of Union City Technical Proposal
The table below lists all special district engagements (in order of audit hours):
fJ'j
- 'O - 'O Cl) C ... '5 C 0 Cl) ... cu ::J C ti) E Cl) 0:: ;: ::J 11. en ... <( <( Cl)
Special District ::J Cll C Principal Contact 11.
- 0 ti) t! <( <( Cl) .!!! C :x: cu cu 0 0 "6, ... .!!:! ti) a. Q.
C 11. ·= ... 0 w C) en .2!
C
w
Florin Resource Mr.Patrick Lee
Conservation DistricV 2015 350 Ahmed Finance Manager I Treasurer Yes Yes X Elk Grove Water District Badawi (916)685-3556
[email protected]
Mrs. Mikyung Pustelnik
Marin Municipal 2010 350 Ahmed Finance Manager Yes Yes X X Water District Badawi (415)945-1410 [email protected]
Hayward Area Paul McCreary
Recreation and Park 2017 350 Ahmed General Manager No No District Badawi (510) 881-6710
mcco®havwardrec.on::i
Mr. Jeremy Edwards
Cosumnes Community 2008 350 Ahmed Finance Manager Yes Yes Services District Badawi (916)405-7187 [email protected]
Mr. Rajesh Sewak
Port of Redwood City 2006 200 Ahmed Manager of Finance & Adm in. No NIA X Badawi (650)306-4150 [email protected]
Ms. Joyce Giuffre
Monterey Bay Unified Air 2016 200 Ahmed Administrative Services Manager No NIA Pollution Control District Badawi (831)-718-8019 iaiuffre@m bard.ora
Ms. Nancy Dannhauser
Aptos La Selva Ahmed Finance Director
2016 150 6934 Soquel Drive No NIA Fire District Badawi Aptos, CA 95003 (831)-685-6690
Ms. Jan Cooke
Central County 2012 150 Ahmed Finance Director Yes Yes Fire Department Badawi (650)375-7408 icooke©hillsborouah. net
John Stipes
Zayante Fire 2017 150 Ahmed Fire Chief No No Protection district Badawi (831) 335-5100 [email protected]
Tina Bisgaard
Santa Cruz 2016 150 Ahmed Senior Administrative Assistant No No Regional 9 - 1 - 1 Badawi (831)471-1018 [email protected]
Resource Conservation Ahmed Ms. Sharon Corkrean
District of santa Cruz 2017 150 Badawi Director of Finance No No Countv [email protected]
Ms. Kristen Stout
Port of San Luis 2017 150 Ahmed Business Manager Yes Yes Harbor District Badawi (805)595-5413 [email protected]
,A.
~f~l~i ► BA°'~~~I~~SSOCIATES 18
V'
City Council/RSA Agenda 64 Tuesday, September 10, 2024
City of Union City
Understanding
of Services to be
Provided
A
Technical Proposal
The City desires an audit of the financial records for the City and an expression of an opinion in accordance with generally accepted accounting principles on the fairness of presentation of financial statements for the fiscal years ending June 30, 2019 through 2023.
The Firm will:
• Express an opinion on the fair presentation of its basic financial statement which includes but is not limited to the financial statements of governmental activities, the business-type activities, the aggregate remaining fund information, each major fund and all aggregate remaining fund information in conformity with generally accepted accounting principles in the United States of America.
• Express an opinion on the fair presentation of its combining and individual non-major and fiduciary fund financial statements and schedules in conformity with generally accepted accounting principles. The Firm will provide an "in-relation-to" report on the supporting schedules contained in the comprehensive annual financial report based on the auditing procedures applied during the audit of the basic financial statements and schedules.
• Provide an "in-relation-to" report on the schedule of federal financial assistance based on the auditing procedures applied during the audit of the financial statements. • Perform the audit in accordance with generally accepted auditing standards accepted in the United States of America, applicable to the financial audit contained in the Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations.
• Perform limited procedures on supplementary information required by the Government Accounting Standards Board.
• Issue the following reports, following the completion of the audit of the fiscal year's financial statements:
► Independent Auditor's Report on Financial Statements and Schedule of Expenditure of Federal awards
► Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
► Management Letter comments on Internal Controls
► Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with the Uniform Guidance
► Schedule of findings and questioned costs
► Auditor's Communication with Those Charged with Governance ► Comprehensive Annual Financial Report following the requirements and guidelines of the GFOA award program
► Measure B Funds Report.
► Measure BB Funds Report.
► Transportation Development Act Program Report.
► GANN Limit Audit Report
• Provide special assistance to the City as needed.
• Retain all working papers and reports at the audit firm's expense for a minimum of 7 years. In addition, make working papers available to the City and/or any government agency as appropriate.
4~g~I ► ~~BAWI&ASSOCIATE~ 19
"1'
City Council/RSA Agenda 65 Tuesday, September 10, 2024
City of Union City
Specific Audit
Approach
. A
Technical Proposal
Should any conditions be discovered requiring corrective action, the Firm will provide a detailed description of the findings and recommended actions as to their resolution.
The Firm will submit a report to the City Council and management detailing auditor's responsibility under generally accepted auditing standards, significant accounting policies, management judgments and accounting statements, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultations with other accountants, major issues discussed with management prior to retention, difficulties encountered during the audit, and any significant deficiencies or material weaknesses found during the audit. Non-material instances of noncompliance will be reported in a separate management letter, if appropriate, along with any other observations or recommendations determined to be informative to City management.
The Firm will be available to provide advice and counsel regarding significant matters during the year.
The Firm's Partner and Staff welcome the opportunity to make presentations to the City Council and will be ready to respond to questions from the Council and citizens of the City.
Objectives of Our Services
The basic objective of our audit of the City is to conduct an examination of the financial statements in accordance with generally accepted auditing standards and to express our opinion on the fairness of presentation of such financial statements in conformity with generally accepted accounting principles.
Additionally, we believe that another real value of our audit lies in meeting other objectives at no additional cost. The following are other objectives of our services that have important benefits to the City:
• To offer substantive observations and recommendations relating to accounting and operating control policies and procedures.
• To identify opportunities for operating efficiencies and isolate candidate activities for cost reduction opportunities.
• To perform a professional audit in an efficient and effective way to minimize disruption to the office operations.
• To offer ongoing advisory services to assist in the running of the operation and implementation of improved operating procedures.
The engagement will be conducted within the framework of the Firm's quality control program which includes the use of audit programs, careful planning, use of computerized audit software and internal control evaluation & documentation software, and objective review procedures.
On-site staff will use Firm supplied portable computers and printers.
Audit Approach
The specific audit approach has been designed to efficiently and effectively address the audit requirements of the City, to perform the audit of the City's financial records in a timely manner with minimal disruptions to office operations, and to meet the City's timeline.
The audit will be conducted in accordance with:
1) Generally accepted auditing standards established by the AICPA. 2) The standards contained in Government Auditing Standards issued by the GAO. 3) Provisions of the Single Audit Act and the Uniform Guidance. 4) Requirements issued by the California State Controller's office. 5) Other requirements as required .
4i~l~i~ B~~°'AWI &A~~?~!!ATE~ 20
?
City Council/RSA Agenda 66 Tuesday, September 10, 2024
City of Union City
A
We will conduct the necessary audit steps to perform:
• • Planning of the engagement.
Technical Proposal
• Evaluation of the existing internal control environment to determine degree of risk of material misstatement.
• Determination of degree of compliance with laws, regulations, grant provisions, and City approved policies.
• Assessment of potential fraudulent issues.
• Validation of account balances.
• Verification of reasonableness of management estimates.
Technical Approach
We use an industry specific audit approach tailored to governmental entities. Our governmental audit approach addresses the special risks and circumstances of local governments. As a result, the audit is conducted efficiently and effectively with minimal disruption to your staff.
The core of our governmental technical audit approach can be summarized as follows:
1. Planning, Understanding and Communication:
Based on our previous audit experience, using the budget, organizational charts, manuals and other financial information systems and our knowledge of how governments work, we will obtain an insight to the specific concerns and sensitivities of the City. Our understanding is updated continuously through our year-round contact and communication efforts. We will agree on common audit objectives and expectations with management before audit work begins and, throughout the audit, will meet regularly with management to discuss audit issues and to gather feedback.
2. In-Depth Review of Systems and Controls:
We have developed diagnostic reviews which enable us to evaluate your systems and controls, and to provide management with constructive feedback. Combined with our knowledge of the City and understanding and experience with the City's accounting software, our control review will form the basis of our audit risk assessment. We will utilize the COSO approach in our evaluation of the City's internal processes to identify potential control deficiencies. In future years, we will update our understanding through similar procedures.
3. Risk-Based Customized Testing Program:
Our audit approach is tailored to governmental applications. We will use audit programs specifically designed to address the operational environment of governmental entities. Our approach will identify potential control risks and the opportunities for risk of material misstatements and fraud. We will evaluate the various risk assessments and identify the potential risks relating to the:
• Balance Sheets/ Statement of Net Position
• Statement of Revenues and Expenditures / Statement of Activities • Presentation
• Disclosure
Our audit procedures will then be developed to address these risk areas.
4. Expanded Interim Fieldwork:
Timeliness and audit efficiency is enhanced by performing extensive interim work.
Partners, managers and senior staff work with City staff to identify and resolve potential audit issues early. Accordingly, the amount of audit work to perform at year end is minimized. Because our audit staff is familiar with the operations before year-end fieldwork begins, disruption of accounting staff is minimized.
4~1~ ► ~~~~~!-~~SSOCIATES 21
-~-- City Council/RSA Agenda 67 Tuesday, September 10, 2024 City of Union City
&.
Technical Proposal
5. Smooth Transition:
Our testing program focuses on audit risks identified by our understanding of the City's operations. We will work with the accounting staff to identify the most effective ways to address our objectives. Communication between the members of the audit engagement team and City staff will be fluid and continuous.
6. Sample Size and Sampling Techniques:
Our audit approach will include sampling activities. Population size and the level of assurance to be derived from a particular test will dictate the sample size. We use sampling in our audit approach to compliment skilled judgment and knowledge of the particular situation. Our sample size will range normally from 25 to 60 items.
7. Automated Systems:
We will evaluate controls over the IT functions to assess control risk. We intend to test controls for purposes of reliance. Our review procedures will evaluate controls over:
• Security Management
• Logical and Physical Access
• Configuration Management
• Segregation of Duties
• Contingency Planning
In addition, we will review controls over:
• Input, processing, output, master data
• Application interface
• Data management system interface
Our Information Technology Specialists Group will evaluate the IT operating control environment.
8. Analytical Procedures:
We use analytical procedures in several aspects of our audit. Extensive knowledge and industry background are required for effective analytics, and our staff possesses the appropriate experience and knowledge for the City to benefit from these procedures.
9. Approach to be Taken in Determining Laws and Regulations Subject to Audit Test Work:
We continuously refer to specific regulations, compliance supplements, state guidelines and contracts currently in force. We perform the procedures required related to laws and regulations, using inquiries, observations and sampling techniques. Some of the laws and regulations that we believe may be applicable to the City are the requirements of the California Public Utilities Commission, Single Audit Act and other applicable laws and regulations, including the California Government Code, provisions of applicable Grant guidelines, California Constitution GANN Limit requirements, requirements of local measures, Child Care Program compliance requirements, etc.
10. Report Format:
We will meet with City Management to review report formats. Any report format changes will be made in conjunction with approval from the City's management.
11. Work Plans:
The detailed work plans will be designed to efficiently and effectively address the audit requirements of the City in accordance with generally accepted auditing standards, to perform the audit of the City's financial records in a timely manner with minimal disruptions to office operations, and to meet the City's timeline.
4~1~,~ BA~~~'?.~~SSOCI~J,~~ 22
V
City Council/RSA Agenda 68 Tuesday, September 10, 2024
City of Union City
A
Technical Proposal
12. Adjusting Journal Entries:
We will discuss and explain proposed audit adjusting entries with the City's designated Finance Department personnel prior to recording. Audit adjusting entries will be provided in a format showing the lowest level of posting detail needed for data entry on the City's general ledger system.
13. Listing of Schedules and Tables {anticipated to be prepared by the City):
Based on preliminary inquiries made with management and City staff and review of documents, we will tailor a list of schedules, tables, and other reconciliations required for the audit. We will take into account as much as possible reconciliations already prepared by the City for day to day operations and reporting, as well as any reports that are system generated to limit the need for additional City staff hours.
The following is a listing of some of the significant reconciliations that we would normally expect the City to provide to us in assisting us in conducting our fieldwork. • Trial Balance
• CAFR and Account Roll Up Schedule
• Budget to Actual Reports
• Bank Reconciliations
• Listing of manually prepared journal
entries posted
• Summary of Investments held by the
City
• Capital Asset Schedules
• Long Term Debt Schedules
• Debt amortization schedules &
Calculations of deferred amounts
• Calculations of any debt covenants
amounts or percentages
• Schedule of Operating Leases
• Schedule of Expenditures of Federal
Awards
• Analysis of Deferred Inflows of
Resources an Deferred Outflows of
Resources
14. Computer Software:
• Reconciliation of Receivables to
subsidiary ledgers
• Calculations for estimate of allowance
for uncollectible accounts
• Loans Receivable Schedules
• Reconciliation of Significant Revenue
Accounts
• Utility billing Registers and Fee
schedules
• Compensated Absences and Early
Retirement Obligation Schedules and
Copies of Related Policies
• Claims Payable schedules
• Pension and OPEB Roll Forward &
Supporting Schedules
• GASB 54 Fund Balance Roll Forward
Schedule
• lnterfund Transaction Schedules
The firm maintains a variety of software packages in the audit and financial statement compilation process, which include MS Office (Word, Excel, etc.), Prosystem fx Engagement, PPC Checkpoint and Checkpoint Tools, and Single Audit SMART Tool. Our I.T. Specialist also has the ability to run reports using IDEA (data analysis software).
Our audit software enables us to link our audit trial balance to the financial statements, for efficient financial statement compilation. It also allows us to create various analytical reports easily (e.g. year to year comparisons, budget to actual comparisons, trend analysis, ratio analysis, etc.).
Our research tools are always kept up to date to ensure compliance with accounting and auditing standards, and are also a resource for us to provide guidance to our clients.
We also use Prosystem electronic portal, which allows our clients to easily upload requested audit schedules and testing selections. The portal is very helpful in the audit process as it reduces duplicated audit requests, and allows our engagement team to review uploaded schedules prior to beginning audit fieldwork. 4~J~l ► B6BAW!_~~SSOCI~~~ 23
•
City Council/RSA Agenda 69 Tuesday, September 10, 2024
City of Union City
•
Audit Schedule
2019
Period
Interim Audit Procedures
Technical Proposal
Audit Tasks
April Planning and Administration
► Review and obtain copies of key work papers of prior audit firm. ► The entrance conference shall be held with City staff. The purpose of this meeting will be to discuss prior audits and the interim work to be performed. This meeting will also be used to establish overall liaison for the audits and to make arrangements for work space and other needs.
► Review and evaluate the City's accounting and financial reporting.
Prepare an overall memo of recommendations, potential issues, and suggestions for improvements.
► Prepare overall memo to City confirming audit procedures, timing, and assistance.
► Prepare detailed audit work plan and audit programs, audit budget and staffing schedule, and list of schedules to be prepared by City staff.
May Internal Control Evaluation
► Meeting with key Finance Division personnel
► Obtain and document understanding of key internal control systems through walk-throughs, interviews of staff, and review of supporting documentation
General ledger system.
Budgeting system.
Revenue, utility billing, accounts receivable, and cash collections.
Purchasing, expenditures, accounts payable, and cash
disbursements.
Payroll.
Federal Financial Assistance.
Other systems.
► Identify control risks.
► Evaluate IT control environment.
► Perform testing of the internal control system and evaluate the effectiveness of the City's systems. Select large dollar and random samples of transactions in key operating systems. Sample size to meet required level for determined degree of risk. Review supporting documentation of selected transactions, evaluate adequacy of support and approvals, and conclude on degree of adherence to accuracy and compliance with City policies. ► Conduct fraud assessment procedures.
► Assess degree of risk for material misstatement.
► Provide to the City's management a memo concerning
management letter points and identify issues, if any
~[~l~i ► ~~~°i~~I&A~~OCIATE~ 24
''I'
City Council/RSA Agenda 70 Tuesday, September 10, 2024
City of Union City
2019
Period
May
Technical Proposal
Audit Tasks
Other Tasks
► Review minutes of City Council meetings and other key committees.
► Preliminary testing, verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required. ► Preliminary Single Audit and other compliance testing ► Coordinate with City staff and prepare of all appropriate confirmation requests including:
Bank accounts.
Investment pool accounts.
Accounts receivable.
Federal grants.
Revenue from governmental agencies.
Bond and other debts.
Pension plan.
Attorney letters.
Others, as required.
► Provide City with audit plan and list of year-end audit schedules. ► Hold progress conference with City Management.
► Hold exit conference with City Management.
September - - Final Field work
October
A 4~,~lr BA~AWf &ASSOCIATES V
► Entrance conference with City Management.
► Follow-up on all outstanding confirmations.
► Verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required.
► Perform analytical review of revenue and expenditures. Determine reason for material differences between budget and actual. ► Perform a search for unrecorded liabilities by reviewing disbursements subsequent to June 30, testing terms of contractual obligations, and interviewing City staff.
► Perform review of subsequent events by discussions with City Management and update all minutes of City Council and key committees.
Single Audit Compliance (if required)
► Entrance conference with City Management.
► Obtain Federal Financial Assistance Schedule.
► Determine grants to be considered as major programs including clusters.
► Perform audit tests of major grant programs and compliance with Federal Law and Regulations.
► Review grant documents, select sufficient number of transactions to test for compliance of Federal Requirements
► Coordinate Single Audit efforts with the Financial Audit efforts. ► Communicate findings to City Management.
► Other Compliance
25 City Council/RSA Agenda 71 Tuesday, September 10, 2024 City of Union City
""
2019
Period
October
November
November
December
December
i~l~i t• ~~°'AWI&~SSOCIA~~ y
Technical Proposal
Audit Tasks
Audit Reports
► Prepare drafts of City CAFR
► Prepare draft of Single Audit Reports concerning internal control structure, compliance with laws and regulations, and administering of federal financial assistance programs.
► Prepare other reports as required
► Provide revised final drafts of all required reports to the City for approval
Final Audit Reports, Financial Statements, and Single Audit Reports delivered.
Audit Presentation to Council
26 City Council/RSA Agenda 72 Tuesday, September 10, 2024 City of Union City
Discussion of
Relevant
Accounting
Issues
A
Technical Proposal
Identification of Anticipated Potential Audit Problems
We do not anticipate that there will be any audit problems at the City. However, the following are some areas that we will carefully investigate and monitor during our audit procedures:
• Financial Reporting:
► Review and evaluate that the City's Annual Financial Reports are in compliance with current reporting and disclosures requirements issued by the GASB and GFOA. ► Review Annual Financial Reports for financial reporting conformance awards issued by CSMFO and GFOA.
► Review and evaluate degree of compliance with the various GASBs in effect. ► Review degree of compliance with infrastructure obligations and regulatory provisions.
• Internal Control Structure:
► Review and evaluate the City's internal control functions and ascertain compliance with proper internal control philosophies.
► Review computer system processes and controls and evaluate adequacy of the control environment.
Several new GASB pronouncements will become effective over the time period of this proposal. As such, specific attention will be provided to determine the proper implementation of these new pronouncements. A list of known new pronouncements with implementation dates that fall within this proposal period are as follows:
2019
• Statement 83 - Certain Asset Retirement Obligations
2020
• Statement 84 - Fiduciary Activities
• Statement 88 - Certain Disclosures Related To Debt, Including Direct Borrowings and Direct Placements
• Statement 90 - Majority Equity Interests-an amendment of GASB Statements No. 14 and No. 61
2021
• Statement 87 - Leases
• Statement 89 - Accounting for Interest Cost Incurred before the End of a Construction Period
4~1~ i ~· ~~~AWi &ASSOCIA~S 27
'IP'
City Council/RSA Agenda 73 Tuesday, September 10, 2024
City of Union City
Conclusion
..
Technical Proposal
A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to:
• Rendering the highest standard of service.
• Developing a long-term working relationship dedicated to meeting the needs of the City.
• Assisting the City in operational issues.
• Producing a quality end-product.
We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization.
We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal.
Thank you for allowing us to present our Firm to you.
*****************
i~lii ► ~c~Pi~~r~._&ASSOCIA,~~ 28 ·~r,--
City Council/RSA Agenda 74 Tuesday, September 10, 2024
City of Union City
Appendix A
£<s
Technical Proposal
References
1) City of Berkeley
• Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County}, Due Diligence Reviews for the RDA Successor Agency
• Contract Amount: $188,000
• Engagement Partner: Ahmed Badawi
• Principal Contact:
Mr. Henry Oyekanmi
Finance Director
(510)981-7332
[email protected]
2) City of San Mateo
• Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure A (San Mateo County), Due Diligence Reviews for the RDA Successor Agency • Contract Amount: $60,000
• Engagement Partner: Ahmed Badawi
• Address: 330 W 20th Avenue, San Mateo, CA 94403
• Principal Contact:
Mr. Drew Corbett
Director of Finance
Phone: (650)522-7102
dcorbett@cityofsa nmateo. org
3) City of Redwood City
• Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS 114, Measure A, UUT, Street Report, State Controller's Report. • Contract Amount: $79,000
• Engagement Partner: Ahmed Badawi
• Address: 1017 Middlefield Road, Redwood City, CA 94063 • Principal Contact:
Mr. Derek Rampone
Financial Services Manager
Phone: (650)780-7071
[email protected]
4) City of Buena Park
• Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS 114, Buena Park Foundation
• Contract Amount: $30,735
• Engagement Partner: Ahmed Badawi
• Address: 6650 Beach Boulevard, 1st Floor, Buena Park, CA 90622 • Principal Contact:
Mr. Sung Hyun
Finance Director
Phone: (714)562-3713
[email protected]
5) City of East Palo Alto
• Scope of Work: Comprehensive Annual Financial Report, Single Audit, SAS114, Measure C, Measure A Report (San Mateo County), • Contract Amount: $60,000
• Engagement Partner: Ahmed Badawi
• Address: 2415 University Avenue, East Palo Alto, CA 94303 • Principal Contact:
Mrs. Brenda Olwin
Finance Director
Phone: (650) 853-3122
[email protected]
Gann Limit,
A~J~ I I• l3~~~AWI ~A~~?S!iATES 29
"' City Council/RSA Agenda 75 Tuesday, September 10, 2024
REQUEST FOR PROPOSALS
for
PROFESSIONAL AUDITING SERVICES
City of Union City, California
RETURN PROPOSAL TO:
City of Union City
Attn: Anita Castillo Budget Manager
34009 Alvarado-Niles Rd
Union City, California 94587
Email: [email protected]
KEY DATES AND DEADLINES:
.. RFP Issued January 7, 2019
• Submit Consultant Registration/Contact Information -ASAP • Submit Questions by Thursday, January 24, 2019
.. Submit Proposal by 2:00 p.m., Thursday, February 7, 2019 City Council/RSA Agenda 76 Tuesday, September 10, 2024 City of Union City RFP for Professional Auditing Services page 1
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
TABLE OF CONTENTS
I. INTRODUCTION ...................................................................................................... 4 A. General Information ......................................................................................... 4 B. Terms of Engagement ...................................................................................... 5 II. NATURE OF SERVICES REQUIRED ................................................................... 5 A. Scope of the Work to be Performed ................................................................. 5 B. Auditing Standards to be Followed .................................................................. 7 C. Reports to be Issued ......................................................................................... 7 D. Other Communications .................................................................................... 8 E. Working Paper Retention and Access to Working Papers ............................... 9 F. Journal Entries ................................................................................................. 9 III. DESCRIPTION OF THE CITY OF UNION CITY ............................................... 9 A. Background Information .................................................................................. 9 B. Basis of Accounting and Fund Structure ....................................................... 10 C. Computer System ........................................................................................... 10 D. Administrative Services Department Organizational Chart ........................... 11 E. Availability of Prior Reports and Work Papers ............................................. 11 IV. TIME REQUIREMENTS ....................................................................................... 12 A. Key Proposal Dates ........................................................................................ 12 B. Date Audit May Commence ........................................................................... 12 C. Date Reports are Due ..................................................................................... 12 V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT
PREPARATION ..................................................................................................... 13 A. Finance Department and Clerical Assistance ................................................. 13 B. Work Area and Equipment ............................................................................ 13 C. Report Preparation ......................................................................................... 13 D. Report Preparation ......................................................................................... 13 VI. PROPOSAL REQUIREMENTS ............................................................................ 14 A. General Requirements .................................................................................... 14 B. Format for Proposal ....................................................................................... 15 C. Contents of Technical Proposal ..................................................................... 15 D. Contents of Cost Proposal. ............................................................................. 18 City Council/RSA Agenda 77 Tuesday, September 10, 2024 City of Union City RFP for Professional Auditing Services page2
REQUEST FOR PROPOSALS
VII. EVALUATION PROCEDURES ............................................................................ 19 A. Review of Proposals ...................................................................................... 19 B. Evaluation Methodology ................................................................................ 19 C. Interview Process ........................................................................................... 20 ATTACHMENTS:
Attachment A - Audit Work Cost Proposal Form ........................................... 21 Attachment B - Estimate of Cost ....................................................................... 22 APPENDICES:
Standard Consulting Services Agreement ......................................................... A City of Union City RFP for Professional Auditing Services page 3 City Council/RSA Agenda 78 Tuesday, September 10, 2024 I. INTRODUCTION
CITY OF UNION CITY, CALIFORNIA
REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL AUDITING SERVICES
A. General Information
The City of Union City is requesting proposals from qualified firms of certified public accountants for a five year contract to audit its financial statements. The first year will be the fiscal year ending June 30, 2019.
These audits are to be performed in accordance with generally accepted auditing standards and the standards set for financial audits contained in the Government Accountability Office's (GAO), Governmental Auditing Standards, the provisions of the Federal Single Audit Act as amended in 1996, and U.S. Office of Management and Budget (0MB) Circular A-133, Audits of States, Local Governments, and NonProfit Organizations. The financial statements are to be prepared in accordance with the latest Governmental Accounting Standard Board (GASB) pronouncements, as required.
There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.
Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.
Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.
All property rights, including publication rights of all reports produced by proposer in connection with services performed under this agreement shall be vested in the City. The proposer shall not publish or release any of the results of it examination without the expressed written permission of the City.
During the evaluation process the Evaluation Committee and/or the City Manager reserve the right to request additional information or clarifications from the proposers. At the discretion of the City of Union City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The City of Union City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal was selected.
Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Union City and the firm selected.
City Council/RSA Agenda 79 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page4 A. General Information (continued)
It is anticipated the selection of a firm and a final recommendation will be presented to the City Council for approval on Tuesday, March 12, 2019. The City reserves the right to reject any or all proposals prior to the execution of the contract with no penalty to the City. The City reserves the right to award this contract to the firm that best meets the requirements of the RFP, and not necessarily to the lowest bidder. The City reserves the right to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items.
B. Terms of Engagement
It is the intent of the City to contract for the services presented herein for a term of three years with the option of two one-year extensions. The City reserves the right to adjust the term as mutually agreed to subject to the annual review and recommendation of the City Council Audit Subcommittee, the satisfactory negotiation of terms (including a price acceptable to both the City of Union City and the selected firm), the approval of the City Council of the City of Union City and the annual availability of an appropriation.
The proposal package shall present all-inclusive audit fees for each year of the contract term.
II. NATURE OF SERVICES REQUIRED
A. Scope of the Work to be Performed
The City of Union City's goal is to provide the public and our constituents with a financial statement that gives complete, accurate and understandable information about the City's financial condition.
1. Comprehensive Annual Financial Report (CAFR)
The City of Union City, for over twenty five years, has participated in the Government Finance Officers Association (GFOA) Excellence in Financial Reporting Awards. As part of the base scope of work, the auditor will be required to prepare the general purpose financial statements and combining statements for the City's Comprehensive Annual Financial Report (CAFR). It is anticipated that the auditor will provide assistance in meeting the requirements of this program.
The City of Union City desires the auditor to express an opinion on the basic financial statements which include both Government-Wide Financial Statements and Fund Financial Statements. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller of the United States.
Certain audit procedures should be applied to the Management Discussion and Analysis, Notes, Supplementary Information and the Required Supplementary Information. The auditor is not required to audit the Statistical Section of the report.
City Council/RSA Agenda 80 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 5 The City desires that the Auditor prepare the CAFR booklet in its final published form. It shall be scheduled for delivery in a manner that will allow for issuance prior to the December 31 st GFOA Program deadline.
2. Single Audit Report
In the event that expenditures from Federal sources meet the threshold for a Single Audit, the audit firm shall perform a single audit on the expenditures of federal grants in accordance with the provisions of the Single Audit Act Amendments of 1996 and the provisions of U.S. Office of Management and Budget (0MB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and render the appropriate audit report on Internal Control over Finance Reporting based upon the audit of the City's financial statements in accordance with Government Auditing Standards. The audit firm will also render the appropriate reports on compliance with Requirements Applicable to each Major Program and Internal Control over Compliance. The single audit report shall be prepared and published by the audit firm. The report will include appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings where required. If the City does not meet the minimum requirements to necessitate a single audit, the fees shall be adjusted accordingly.
3. Special Purpose Audit
The City receives funding under Alameda County Transportation Authority - such as Measure BIBB, and Measure F, which requires a separate financial and compliance audit. The City also receives funding under the Metropolitan Transportation Commission (MTG), where the City has developed and administers the Transportation Development Act (TOA) Programs to provide transit and paratransit services to area residents. Whenever such funds are received or expended by the City, an audit is required. The auditor firm is responsible for the audit of such program and to issue a written opinion of fair presentation in accordance with GAAP and compliance with applicable program guidelines. The audit firm shall prepare and publish all Special Purpose Audit reports (the City may choose to prepare the reports and in such cases the audit firm will still be responsible for the printing and binding of said report).
4. Appropriation (GANN) Limit Report
The audit firm shall perform agreed upon auditing procedures related to the City's GANN Limit in compliance with Proposition 111, Article XIII B - review of Appropriation Limit Calculation. The audit firm shall prepare and publish said report.
City Council/RSA Agenda 81 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 6
7. Other Auditor Reports
The audit firm shall issue a separate "Management Letter" that includes recommendations for improvements in internal control, accounting procedures, and other significant observations that are considered to be non-reportable conditions.
The audit firm may also be asked to examine other reports or perform other services as required.
B. Auditing Standards to be Followed
To meet the requirements of this request for proposal, the audit shall be performed in accordance with:
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants
2. The standards applicable to financial audits contained in the U.S. Government Accountability Office's Government Auditing Standards (2011 or the latest revision thereof) issued by the Comptroller General of the United States:
3. The provisions of the Single Audit Act (as amended in 1996 or the latest revision thereof) and he provisions of the U.S. Office of Management and Budget (0MB) Circular A-133, Audits of States, Local Governments, and NonProfit Organizations.
C. Reports to be Issued
Following completion of the audit and preparation of the fiscal year's CAFR and special purpose audits, the auditor shall issue:
1. Independent Auditor's Report - Reports on the fair presentation of the financial statements of the City in accordance with auditing standards generally accepted in the United States of America.
2. Single Audit Report, when required, on compliance with requirements applicable to each major program and internal control over compliance in accordance with 0MB Circular A-133.
3. Alameda County Transportation Authority compliance audit reports and/or other special audit reports when required in compliance with applicable statutes, rules and regulations.
4. A report on the City's compliance with Proposition 111, Article XIII.B of the California State Constitution and Government Code 7900 (et seq.) in its calculation of the "Gann Limit".
5. A report based on the auditor's understanding of the internal control structure and assessment of control risk. In this report, the auditor will also communicate any reportable conditions found during the audit and indicate whether they are City Council/RSA Agenda 82 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 7 also material weaknesses. Auditors shall be required to make immediate, written notification to the City Manager and the Administrative Services Director of all irregularities and illegal acts or indications of illegal acts of which they become aware. As required by Auditing standards a report shall be issued to those charged with governance.
6. A separate report, when requested by the City, on the auditor's analysis of the internal control structure used in the administration of the City's investment policies and procedures.
7. A report on the City's compliance with laws and regulations related to "major" federal awards including an opinion on compliance with specific requirements applicable to "major" federal awards programs. The report on compliance shall include all instances of non-compliance.
8. A Management Letter addressed to the City Council of the City of Union City setting forth recommendations (as applicable) for improvements in the City's accounting systems.
9. The auditor shall communicate, in a letter to the City Council and Executive Staff, any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. "Nonreportable conditions" discovered by the auditor may be communicated in the "Management Letter".
10. A separate report on the auditor's analysis of the internal control structure used in the administration of federal financial assistance programs.
D. Other Communications
The independent auditor shall make all communications to the City Council Audit Subcommittee required by the audit standards under which the engagement is performed. Those communications include, but are not limited to:
1. The auditor's responsibility under generally accepted auditing standards.
2. Significant accounting policies.
3. Management judgment and accounting estimates.
4. Significant audit adjustments.
5. Other information in documents containing audited financial statements.
6. Disagreements with management.
City Council/RSA Agenda 83 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 8
7. Management consultation with other accountants.
8. Major issues discussed with management prior to retention.
9. Difficulties encountered in performing the audit.
10. Errors, irregularities, and illegal acts.
The independent auditor must be available to communicate the audit plan prior to beginning any field work. In addition, the independent auditor must be available to present all final reports to City management and the City Council Audit Subcommittee as requested.
E. Working Paper Retention and Access to Working Papers All work papers and reports must be retained, at the auditor's expense, for the minimum of seven years (or the retention timeframe established by the professional standards, whichever is longer) unless the firm is notified in writing by the City of Union City of the need to extend the retention period. The work papers are subject to review by federal and state agencies and other individuals designated by the City of Union City. Accordingly, the work papers shall be made available upon request.
In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review work papers.
F. Journal Entries
All adjusting journal entries made by the independent auditors must be discussed and explained to the designated Finance Department personnel prior to recording.
They should be in a format that shows the lowest level of posting detail needed for data entry in the general ledger systems.
Ill. DESCRIPTION OF THE CITY OF UNION CITY
A. Background Information
The City of Union City, incorporated in 1959, is a suburban community located in the East Bay of the San Francisco Bay Area. The City has a staffing level of 334 full time equivalents, which serves an estimated 74,000 residents. Current City departments include City Manager's Office, City Council, City Clerk, Economic Development, Human Resources, Administrative Services, Community Development, Leisure Services, Public Works, Police, and Fire. The City does not provide water and sewer utilities, as these services are provided by a separate special district. The City contracts Fire services with Alameda County Fire Department .You may visit https://www.unioncity.org to find out more about the City.
The City's total budget for Fiscal Year 2018-2019 is approximately $107 million and total revenue are approximately $116 million. The General Fund budget is City Council/RSA Agenda 84 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 9 approximately $57 million.
The City receives various grants from programs which may impose specific audit requirements. The City participates in the Community Development Block Grant Urban Counties program. Alameda County is the recipient agency and the funds are passed through to the City of Union City.
The City is a member of the California Public Employees Retirement System (CalPERS). All eligible City employees participate in CalPERS. The City has also established a trust fund with PARS to prefund the Other Post-Employment Benefits (OPEB) cost and future Pension Costs.
The accounting and financial reporting functions of the City are centralized in the Finance Department while the purchasing function is decentralized at the department level with a purchasing policy requiring City Council approval of all purchases greater than or equal to $75,000.
The total funds invested by the City in its portfolio, as of June 30, 2018, was approximately $73 million.
The City has received CAFR awards from GFOA from the past twenty-eight consecutive years. The City desires to continue producing reports which will merit receipt of this award each year. The City has also be awarded the GFOA Distinguished Budget Presentation Award for the past four biennial budgets.
B. Basis of Accounting and Fund Structure
The City of Union City uses the following fund types in its financial reporting:
1. Governmental Fund Types
General Fund
Special Revenue Funds
Capital Projects Funds
2. Proprietary Fund Types
Internal Service Funds
Enterprise Funds
3. Fiduciary Fund Types
Agency Funds
C. Computer System
The City's computerized systems are run on an integrated network. The accounting functions are automated using the Tyler/Eden system software. Cash Receipting function uses Hdl Prime, a stand-alone system but is programmed to integrate with the Eden system. The applications operating on this system are general ledger, City Council/RSA Agenda 85 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page IO accounts payable, purchasing, accounts receivable, human resources/payroll, budgeting, project accounting, contract management, licensing, and permits/inspections.
D. Administrative Services Department Organization Chart E. Availability of Prior Reports and Work Papers
The City's most recent audit was conducted by Badawi & Associates. The work papers of the previous audits are the property of the previous auditor and can be reviewed by the successful proposer. All financial statements were prepared or audited by Badawi & Associates for the fiscal year ending June 30, 2018. The CAFR is available on the City's website. Other financial reports can be provided upon request.
City Council/RSA Agenda 86 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 11 IV. TIME REQUIREMENTS
A. Proposal Key Dates
The City will use the following schedule, which should result in selection of an auditor by the City Council on Tuesday March 12, 2019. The deadline to submit proposal is 2:00 pm Thursday, February 7, 2019. The City works a 9/80 schedule and is closed on alternate Fridays. Staff will be unavailable for contact on 1/11, 1/25, 2/8 and 2/22.
RFP Issued January 7, 2019
Submit Registration/Contact Information Upon Receipt of RFP Deadline for SubmittinQ Written Questions January 24, 2019 Proposals Due February 7, 2019 (no later
than 2 p.m.)
Finalist Interviews Week of February 18,
2019 (tentative)
Selected Firm Notified Week of Februarv 25, 2019
City Council Approval/Contract Award Tuesday, March 12, 2019 B. Date Audit May Commence
The City of Union City will have all prior records ready for review and management personnel available to meet with the firm's personnel prior to the start of preliminary audit work The City anticipates that the selected firm will perform preliminary audit work and internal control review prior to June 30, 2019. It is expected the City will close its books and be ready for final audit by or before October 18, 2019. Changes in time requirements for commencement of preliminary audit field work to completion of the final audit must be approved by the Finance Director in advance.
C. Date Reports are Due
It is expected that working drafts and comments will be shared with City Staff during the review process. The auditor shall provide a draft of any expected recommendations to the Finance Director within two weeks after the last day of field work.
The City is closed for Christmas beginning on December 23, 2019 and does not reopen until January 2nd. While certain key staff are available during the closure it is expected that all major field work and document preparation will be completed prior to the closure and a final CAFR report shall be completed no later than December 31 st to allow for timely submission to the GFOA.
Following the submittal of the Final Reports the Auditor will be expected to meet with the City Council Audit committee to present the reports sometime in February.
City Council/RSA Agenda 87 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 12 Proposers in their response shall describe their process to insure timely delivery and key milestones. Proposers shall also identify how information is communicated to Staff during the review and at what points an exit conference or meetings are typically held with key Audit personnel.
V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND
REPORT PREPARATION
A. Finance Division and Clerical Assistance
The Finance Division staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation, and explanations.
B. Work Area and Equipment
The City of Union City will provide the auditor with a reasonable workspace, access to telephone lines, internet, photocopying facilities and a fax machine.
C. Report Preparation
The City will prepare and provide all necessary components of the financial statements to include MD&A, Footnotes, Financial Schedules (via Engagement software) Statistical Schedules and all miscellaneous support documents. The City requests that the Auditor compile the documents into the final report.
The City is open to discuss alternative assignments of the workload if a firm desires to submit an alternative proposal in addition to the base scope of work. The goals of an alternative proposal would be to produce the most cost-effective product for both the City and the auditor and still meeting time requirements as described in section IV (c) above. With an alternative approach Auditors shall identify any changes in the responsibilities, schedule, and cost.
The City desires to have the Auditor include in the cost of their proposal printing and binding of up to twenty copies of the City's Comprehensive Annual Financial Report.
D. Audit Software
The City utilizes CCH ProSystem fx Engagement for managing the audit process to include uploading of fiscal information, audit adjustments, GASB 34 entries and production of the final audit report. The City desires to continue utilizing the software if at all possible.
City Council/RSA Agenda 88 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 13 VI. PROPOSAL REQUIREMENTS
A. General Requirements
1. Registration I Contact Information
In order to be assured that all vendors receive any updates or clarifications issued, interested Consultants are requested to register with the City by immediately providing the information below:
Firm Name:
Contact Person Name & Title:
Mailing Address:
E-Mail Address for Contact Person:
Telephone Number:
You may email the information above to Anita Castillo at [email protected]
2. Proposal Question Period (January 7, 2019- January 24, 2019) All requests, questions, or other communications about this RFP shall be made in writing by January 24, 2019 to the City via e-mail. Address all communications to Anita Castillo, Budget Manager. Mrs. Castillo contact information is shown above. During the pre-proposal inquiry period, answers will be summarized and distributed to all firms without identifying the original source of the question.
Unless modified through a written notice firms should rely only on written statements issued by the City of Union City.
3. Submission of Proposal
Submittals may be made in electronic form as an uncompressed Adobe Acrobat PDF and / or Microsoft Word attachment to an e-mail addressed to [email protected]. Hard copies may be delivered; however, that format is optional at the discretion of the Proposer. The City will not pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.
Submittals shall be received by 2:00 p.m. on February 7, 2019. The proposal should be addressed as follows:
Electronic Delivery:
Hard Copy Delivery:
Contact Phone:
City of Union
[email protected]
City of Union City
34009 Alvarado-Nile Rd
Union City, CA 94587
Anita Castillo, Budget Manager
RFP for Professional Auditing Services Coordinator)
510-67 5-5334
City Council/RSA Agenda 89 Tuesday, September 10, 2024 RFP for Professional Auditing Services Page 14 B. Format for Proposal
The format of the Proposal shall be as follows:
1. Title Page
Show the RFP subject, name of the audit firm, local address, telephone number, name and title of contact person, and date of the proposal
2. Table of Contents
Include a clear and complete identification of the materials submitted by section and page number. Cross-referencing to section and page number in the RFP would be helpful.
3. Signed Transmittal Letter
General introduction and briefly stating the Proposer's understanding of the audit services to be performed; a positive commitment to perform the service within the time period specified; the name(s) of the person(s) authorized to represent the Proposer, title, address, and telephone number. All proposals must state the period for which the proposal shall remain in effect. The City is requesting that such period shall not be less than 90 days from the proposal date. By submitting the proposal it is expected that the firm has carefully read and fully understand the information that was provided by the City to serve as the basis for submission of the proposal.
4. Detailed Proposal
The detailed proposal should follow the format set out in Section C below.
C. Contents of Technical Proposal
The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Union City in conformity with the requirements of this Request for Proposal. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the Request for Proposal requirements.
The Technical Proposal should address all the points outlined in the RFP. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the areas detailed below must be included. They represent the criteria against which the proposal will be evaluated.
City Council/RSA Agenda 90 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 15
1. License to Practice in California
An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in California.
2. Independence
The firm should provide an affirmative statement that it is independent of the City of Union City as defined by generally accepted auditing standards/the U.S. General Accounting Office's Government Auditing Standards.
3. Business License
The independent auditor selected must possess a City of Union City Business License while conducting any work under this contract.
4. Professional Services Agreement and Insurance
Attached to the RFP is a draft copy of the City's Agreement for Professional Services (Agreement) which contains the City's insurance requirements.
The selected firm will maintain the minimum insurance requirements during the entire term of their engagement. Additionally, the selected firm will be required to execute the City's Agreement for Professional Services.
In the event that there are exceptions, changes, revisions, or comments to any element of the standard agreement or insurance requirements, this shall be submitted with the proposal. The City reserves the right to substitute and/or modify the City's Agreement for Professional Services prior to contract execution with acceptance by both parties.
5. Firm Qualifications and Experience
To qualify the firm must have extensive experience in audits of local governments as well as experience with preparation of Comprehensive Annual Financial Statements.
The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed, the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Staff consistency is an important consideration.
If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable.
City Council/RSA Agenda 91 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 16 The proposer should provide a range of activities performed by the local office, e.g., audit, accounting, tax service and/or management consulting services.
The proposer must provide a list of all current municipal clients.
6. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, and other supervisors and specialists, who would be assigned to this engagement. Include resumes and indicate whether each such person is licensed to practice as a certified public accountant in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit.
Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff will be assured over the term of the agreement.
Principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists may be changed during the course of the agreement, however, the City of Union City reserves the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience.
7. Similar Engagements with Other Government Entities
For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum 5) performed in the last three (3) years that are similar to the engagement described in this request for proposal.
These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. Also please indicate whether the audit was part of a Comprehensive Annual Financial Report.
8. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as City of Union City's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems.
Proposers will be required to provide the following information on their audit City Council/RSA Agenda 92 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 17 approach:
a. Proposed segmentation of the engagement;
b. Level of staff and number of hours to be assigned to each segment; c. Approach to selecting sample sizes and the extent to which statistical sampling is to be used in this engagement;
d. Extent of use of Electronic Data Processing in the engagement; e. Type and extent of analytical procedures to be used in the engagement; f. Approach to be taken in determining laws and regulations that will be subject to audit test work;
g. Approach to be taken to gain and document an understanding of the City of Union City's internal control structure;
h. Approach to be taken in drawing audit samples for purposes of tests of compliance; and
i. A description of key deadlines and submittal dates to conform with section IV (c) of the Request For Proposal.
9. Identification of Anticipated Potential Audit Problems The proposer should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems, and any special assistance that will be requested from the City of Union City.
10. Subcontracting
If the proposer will be subcontracting any portion of the audit to another individual or firm, the proposal must include a list of all subcontractors to be used. The proposal shall disclose and describe the use of subcontractors, including the specific scope of work. No substitutions of subcontractors may be made without prior written consent of the City of Union City.
11. Report Format
The proposer shall identify any unique report formats that will be used.
D. Contents of Cost Proposal
1. Total All-Inclusive Maximum Price
City Council/RSA Agenda 93 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 18 The proposed cost should contain all pricing information relative to performing the audit engagement as described in the request for proposal. The total allinclusive maximum price to be proposed is to contain all direct and indirect costs including all out-of-pocket expenses.
The City of Union City will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid.
Such costs should not be included in the proposal.
The cost proposal should be submitted in the format provided in Attachment A, "Audit Work Cost Proposal Form"
2. Rates by Partner, Supervisory and Staff
The cost proposal should include detailed information regarding the estimated number of hours to be dedicated to the City's engagement, delineated by staffing level. Attachment B provides a guideline for this response.
3. Manner of Payment
Progress payments will be made on the basis of pro-rated audit work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's proposal. Final payment will be made after delivery of all final reports
VII. EVALUATION PROCEDURES
A. Review of Proposals
Proposal will be reviewed by an Evaluation Committee comprised of City Staff.
B. Evaluation Methodology
The City reserves the right to make the selection based on its sole discretion. A subcommittee of City Staff will evaluate the proposals provided in response to this RFP, which will be rated based on the needs of the City, including the following criteria:
1. Responsiveness of the proposal in clearly stating and understanding of the work to be performed.
2. Technical experience of the firm and references responses.
3. Qualification of staff. Education including continuing education courses taken during the past three years, position in the firm and years of experience will be considered.
City Council/RSA Agenda 94 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 19
4. Size and structure of firm and other considerations.
5. Quality and completeness of the proposal.
6. Proposed hours and costs.
C. Interview Process
Based upon the review of the written proposals, finalist firms may be invited to participate in an interview / presentation process tentatively scheduled for the week of February 18, 2017. The interview panel will consist of City Staff. At the election of the City, the interview may be via telephone, or in person, to allow Proposers to further explain their proposal. Upon completion of the review process, a recommendation will be made to the City Council to award an agreement.
City Council/RSA Agenda 95 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 20
ATTACHMENT A-AUDIT WORK COST PROPOSAL FORM
(If firm provides "Alternate Scope" a second cost proposal form shall be submitted) Base Service FY2018 FY2019 FY2020 FY2021 FY2022
City Audit and Related
Reports $ $ $ $ $
Single Audit and Related
Reports $ $ $ $ $
Special Purposes Audit
and Related Reports $ $ $ $ $
(8/88, F & TOA)
GANN Limit Audit Report $ $ $ $ $
Total for Fiscal Year (not-toexceed) $ $ $ $ $
CERTIFICATION
I, the undersigned, certify that I am duly authorized to represent ________ _ and am empowered to submit this bid. In addition, I certify I am authorized to contract with the City of Union City on behalf of _________________ _ Print Name _____________ Signature _________ _
Tittle _______________ Date ____________ _
City Council/RSA Agenda 96 Tuesday, September 10, 2024 City of Union RFP for Professional Auditing Services Page 21
ATTACHMENT B- ESTIMATE OF COST
(If firm provides "Alternate Scope" a second estimate of costs form shall be submitted) # FY2018 FY2019 FY2020 FY2021 FY2022
POSITION Hours Rate Rate Rate Rate Rate
Partners
$ $ $ $ $
Managers
$ $ $ $ $
Senior
Auditor $ $ $ $ $
Auditor $ $ $ $ $
Clerical $ $ $ $ $
Other
(Specify) $ $ $ $ $
Subtotal
Hours
Total
Hours
Print Name ____________ Signature _________ _
T~ --------------D~ ------------ 3099198.1
City Council/RSA Agenda 97 Tuesday, September 10, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH BADAWI
AND ASSOCIATES, FOR AUDIT SERVICES FOR FISCAL
YEAR 2023-2024, IN THE AMOUNT OF $97,635, FOR A
TOTAL CONTRACT AMOUNT OF $509,055
WHEREAS, in 2019, the City Council selected Badawi and Associates as the City's independent auditors after a full-scale competitive selection process; and WHEREAS, the full-scale competitive process selection entailed the development and circulation of a Request for Proposal (RFP), to which the City received proposals from 11 certified public accountant firms; and
WHEREAS, staff evaluated each firm and recommended the City Council contract with Badawi and Associates to perform the City’s annual audits; and WHEREAS, the multi-year contract was for independent auditing of fiscal years ending in 2019, 2020, 2021, 2022 and 2023; and
WHEREAS, Badawi has helped the Finance Department catch up with the annual audits, and they plan to complete the FY 2022-2023 audit in September 2024; and WHEREAS, it is the opinion of City staff that the firm has provided good technical expertise and that Badawi and Associates is highly qualified to continue to provide independent audit services to the City; and
WHEREAS, staff believes extending the Badawi contract for one (1) additional year would be prudent and most efficient for the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Badawi and Associates, referred to as Exhibit A to this Resolution, for audit services, in the amount of $97,635, for a total contract amount of $509,055, and to extend the Term of Services through the completion of the FY 2023-2024 financial audit.
City Council/RSA Agenda 98 Tuesday, September 10, 2024
Resolution No. XXXX-24
Authorizing First Amendment To Audit Services Agreement With Badawi And Associates For FY 2023-24
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of September 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.1 – CSA 1st Amendment to C5327 Badawi
2. Exhibit A.2 – Badawi Proposal for FY24 Audit
City Council/RSA Agenda 99 Tuesday, September 10, 2024
FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF UNION CITY AND
BADAWI AND ASSOCIATES
This First Amendment to the Consulting Services Agreement, is effective September 11, 2024, by and between the City of Union City, a municipal corporation, (“City”) and Badawi and Associates, a Limited Liability Company (“Consultant”) (together referred to as “Parties”).
RECITALS
WHEREAS, the Parties executed a Consulting Services Agreement (C5327) (the “Agreement”), dated April 10, 2019, for Badawi and Associates to provide Audit Services; and WHEREAS, the initial term of the Agreement was for a five-year period ending with the completion of the FY 2022-2023 audit; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of services to be provided by the Consultant, and to increase the compensation; and WHEREAS, the City and the Consultant desire to enter into this First Amendment.
NOW, THEREFORE, the Parties hereby agree as follows:
1. The “Term of Services,” as set forth in Exhibit A to this First Amendment, is hereby extended through the completion of the audit of Fiscal Year 2023-2024.
2. Section 2 “Compensation” of the Agreement is hereby amended to reflect payment based upon a sum increase of Ninety-Seven Thousand Six Hundred Thirty-Five Dollars ($97,635), for a total contract amount of Five Hundred Nine Thousand and Fifty-Five Dollars ($509,055), as set forth in Exhibit B to this First Amendment.
3. All other provision of the Agreement remain unchanged, except as modified by this First Amendment.
City of Union City Consultant
Badawi and Associates
____________________________ _______________________
Joan Malloy Ahmed Badawi, CPA
City Manager President
Dated: _____________________ Dated: __________________
City Council/RSA Agenda 100 Tuesday, September 10, 2024 Attested:
_____________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 101 Tuesday, September 10, 2024
EXHIBIT A
SCOPE OF SERVICES
Independent Audit Services for Fiscal Year 2023-24
City and Related Reports
Single Audit and Related Reports
Special Purpose Audit and Related Reports (Measure B, BB, F & TDA) Gann Limit Agreed Upon Procedures
Utility Users Tax
State Controller's Reports (City, Transit, and Paratransit) City Council/RSA Agenda 102 Tuesday, September 10, 2024
EXHIBIT B
COMPENSATION SCHEDULE
Independent Audit Services for Fiscal Year 2023-24 Fees City and Related Reports $ 71,300
Single Audit and Related Reports 5,250
Special Purpose Audit and Related Reports (Measure B, BB, F & TDA) 8,560 Gann Limit Agreed Upon Procedures 675
Utility Users Tax 1,550
State Controller's Reports (City, Transit, and Paratransit) 10,300 Total $ 97,635
City Council/RSA Agenda 103 Tuesday, September 10, 2024 July 17, 2024
Ms. Jackie Acosta
Administrative Services Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Ms. Acosta:
I would like to take this opportunity to thank you and your staff for the confidence and support you have provided to us over the past several years. I would also like to take this opportunity to present this letter for your consideration regarding extending the Badawi & Associates, CPAs audit contract with the City of Union City, California (City).
Over the past years, we have developed an understanding of the City’s operation that has aided us in providing quality audit services. With that knowledge, we’ve been able to expand our audit efforts and provide observations that, hopefully, have assisted City staff. We have also demonstrated our ability to respond to requests of the City and our ability to deliver a quality product. We trust the City has been satisfied with our efforts.
Per your request, we are pleased to present this proposal to provide audit services to the City for the year ending June 30, 2024. The objective of our audits is to issue an opinion regarding the fairness of presentation of the City’s financial position for each year in accordance with generally accepted accounting principles. The audits to be performed will follow generally accepted auditing standards, U.S.
General Accounting Office’s Government Auditing Standards, Single Audit Act and the Federal Uniform Guidance.
Our fees for the year 2024 will be as follows:
Service 2024 Fees
City and Related Reports $ 71,300
Single Audit and Related Reports 5,250
Special Purpose Audit and Related Reports (Measure B, BB, F & TDA) 8,560 Gann Limit Agreed Upon Procedures 675
Utility Users Tax 1,550
State Controller's Reports (City, Transit, and Paratransit) 10,300 Total $ 97,635
City Council/RSA Agenda 104 Tuesday, September 10, 2024 City of Union City
July 17, 2024
The service we will provide will follow the guideline as outlined in the original proposal to the City. We would very much like to continue our relationship with the City and stand ready to provide the level of service and commitment for which the City has become accustomed.
If you have any questions, please feel free to call me at (510) 768-8244.
Sincerely,
Ahmed Badawi
President
Badawi & Associates, CPAs
Berkeley, California
RESPONSE:
This letter correctly sets forth the understanding of the City.
By:
Title:
Date:
City Council/RSA Agenda 105 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT ARESOLUTION APPROVINGAN AMENDMENT TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN TO UPDATE THE CLASS
SPECIFICATION FOR THE CLASSIFICATION OF COMMUNITYAND
RECREATION SERVICES DIRECTOR
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution to approve an update of the class specification of Community and Recreation Services Director.
STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning critical city services with current staffing levels.
BACKGROUND
The job description for the Community and Recreation Services Director has not been updated in over 25 years. Over this period of time, the responsibilities of the Community and Recreation Services Department have changed significantly, which requires an update to the Community and Recreation Services Director classification. Some of these changes include the expanded social services programming and homelessness services that are now managed by this department, as well as the staffing and managing of several commissions and committees. The comprehensive update to this classification reflects the current needs of the City.
DISCUSSION
The update to the Community and Recreation Services Director job description (class specification) is to align qualifications, experience and skills that are expected for this department director position. The job description has been expanded to reflect the current programs and services that are now provided through the department, including comprehensive management and operations of recreation programs, parks and facilities; community social services including youth violence prevention, counseling, homelessness programs, and community engagement. Additionally, grant writing and contract management have been included to reflect these important job skills that are needed for this position.
This is an unrepresented classification and the City is not required to meet and confer because it is not a member of any bargaining unit. No change to the current salary range is recommended at this time. The Community and Recreation Services Department worked with the Human Resources Department to ensure City Council/RSA Agenda 106 Tuesday, September 10, 2024 the class specification is updated prior to future recruitments.
FISCAL IMPACT
There is no fiscal impact for the position specification changes being proposed.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification/job description of Community and Recreation Services Director.
Prepared by:
Jason Castleberry, Human Resources Director
Submitted by:
Jason Castleberry, Human Resources Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
ExhibitA - Community &Recreation Services Director Job
Specification (Redlined)
Exhibit
Exhibit B- Community &Recreation Services Director Job
Specifications (Clean)
Exhibit
City Council/RSA Agenda 107 Tuesday, September 10, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AN AMENDMENT TO THE
CLASSIFICATION AND COMPENSATION PLAN TO
UPDATE THE CLASS SPECIFICATION FOR THE
CLASSIFICATION OF COMMUNITY AND RECREATION
SERVICES DIRECTOR
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Community and Recreation Services Director; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the class specification for the classification of Community and Recreation Services Director; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the Community and Recreation Services Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves an amendment to the Classification and Compensation Plan to update the Community and Recreation Services Director class specification, attached hereto and incorporated herein by reference, effective September 10, 2024.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classification of Community and Recreation Services Director.
City Council/RSA Agenda 108 Tuesday, September 10, 2024 Resolution No. XXXX-24
Amending Classification Plan For Community And Recreation Services Director
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10
th day of September 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 – Community & Recreation Services Director Job Specification (Redlined)
2. Exhibit B – Community & Recreation Services Director Job Specification (Clean) City Council/RSA Agenda 109 Tuesday, September 10, 2024 1 COMMUNITY AND RECREATION LEISURE
SERVICES DIRECTOR
Bargaining Unit: Unrepresented Department Head
Class Code: 20470
Created/Updated:
9/10/2024
DEFINITION:
The Community and Recreation Services Director (CRSD) is a key member of the City’s Senior Management Team (SMT).Under administrative direction, and reporting to of the City Manager and/or the Assistant City Manager, this position is responsible for the strategic planning, development, implementation, and oversight of a wide range of recreation and social service programs aimed at enhancing the quality of life for residents. This role includes the comprehensive management and operations of recreation programs, parks and facilities; community social services including youth violence prevention, counseling, homelessness programs, and community engagement. manages and personally performs all phases of a comprehensive leisure services program; The CRSD Director provides professional recommendations and leisure services advicassistance e and assistance to the City Council, policy recommending commissions, City management staff, and community groups, and works with community groups and other governmental agencies.
CLASS CHARACTERISITICS:
This is a single position executive level management class, reporting to the City Manager.
The incumbent is accountable for the management and operation of a City department.
Specific functions comprising the department may vary with the needs of the City. The incumbent plays an essential role in the formulation and implementation of programs to be offered.
EXAMPLES OF DUTIES (illustrative only):
➢ Develops and directs the implementation of goals, objectives, policies, procedures, and work standards to enhance the efficiency and effectiveness of the CRS Department. ➢ Prepares and administers the department’s biennial budget. ➢ Conducts regular assessments and reviews to ensure programs and services address community priorities while considering equity and meeting the needs of social, physical, and mental well-being
➢ Plans, organizes, assigns, directs, reviews, and evaluates fee-sustained programs such as youth services, adult sports and a variety of community referral and services activities.
➢ Assesses community leisure service needs.
➢ Directs programs and informational materials which promote City and community wide programs, services, and resources.
City Council/RSA Agenda 110 Tuesday, September 10, 2024 2 ➢ Plans, schedules, assigns, and monitors departmental work activities including reviewing work in progress and completed projects for conformance with department and City requirements.
➢ Ensures compliance of department standards of hiring, training and supervision of all permanent employees, as well as any seasonal, contractors and volunteers representing the City and City-supported programs and services.
➢ Directs the management and administration of various grants; participates in identifying grant funding, sponsorships, donations, and partnerships to recreation and parks programs; directs the preparation of proposals; oversees the collection, analysis, and preparation of data, reports, and participation statistics to comply with funding source requirements; administers and monitors funds. ➢ Prepares applications for and administers Federal and State grants. ➢ Administers Council approved contracts and agreements. ➢ Insures proper supervision of full-time and contract instructors providing leadership for City-supported and fee-based programs.
➢ Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
➢ Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Manager. ➢ Selects part-time employees and provides for their training and professional development.
➢ Interprets and implements City policies, procedures and ordinances. ➢ Provide presentations and share information to commissions, committees, Prepares or directs the preparation of a variety of periodic and special reports as well as analytical studies for internal and external groups and agencies, and to the general public.
➢ Organize and facilitate community events, forums, and meetings to gather input and feedback from residents.
➢ Collaborate with local organizations and agencies to provide comprehensive support services and resources to residents in need.
➢ Lead efforts in developing and implementing strategies to prevent homelessness within the community.
➢ Makes verbal presentations to public groups.
➢ Represents the City in meetings with representatives of local and regional governmental agencies, professional and community-based organizations and the public.
➢ Resolves departmental services and facility use related requests and complaints which cannot be satisfactorily addressed by subordinates.
➢ Provides staff support to an assigned City leisure services related commissionss, committees and advisory groups.
➢ Coordinate and collaborate with different departments in planning and preparation of new parks and facilities.
➢ Promotes a positive work environment with collaborative teamwork and performance accountability.
City Council/RSA Agenda 111 Tuesday, September 10, 2024 3 ➢ Ensure the department provides exceptional customer services, responding to the most difficult citizen service and facility use related complaints and requests. ➢ Performs other related duties as may be occasionally required.
Click or tap here to enter text.
QUALIFICATIONS:
EDUCATION AND EXPERIENCE:
Any combination of experience and education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
➢ A minimum of five (5) four years of increasingly responsible experience of progressive responsible experience in the management / supervision in of a community-oriented recreation management, and/or social service leisures including violence prevention/intervention, mental health and the unhoused. services or recreation program.
➢ Two (2) years of which involved supervision of professional staff. Proven experience in grant writing and fund management desirable.
➢ Possession of a bachelor’s degree from in Public Administration, Social Work, Recreation Management, or a related field. Master's degree preferred. a four year college with major course work in recreation, leisure services, public or business administration, or a closely related field.
KNOWLEDGE AND ABILITIES:
Knowledge Of:
➢ The goals, objectives, philosophies, programs, agencies, and processes associated with recreation and social services delivery and administration; principles of supervision and facilities management; current social issues and social planning techniques; organization dynamics.
➢ Public agency budgeting process including social service grant programs; public agency budgeting process.
➢ Principles of public administration and City government operations. ➢ Principles and practices of recreation and social leisure services program assessment, development and implementation.
➢ Recreational facility and park design.
➢ Modern management and supervisory practices.
➢ Budget preparation and administration.
➢ Report writing and research methods.
➢ State and Federal grant application and administration.
Ability To:
➢ Accurately evaluate and manage the leisure services needs of the community.
City Council/RSA Agenda 112 Tuesday, September 10, 2024 4 ➢ Manage a comprehensive, community- wide recreation and social services leisure services programs.
➢ Communicate effectively with all segments of the community. ➢ Provide direction, leadership and evaluation Supervisor to a team of diverse and multifaceted staff. both part-time and full-time staff. ➢ Analyze complex problems, evaluate alternatives and make creative recommendations. ➢ Exercise sound judgement within general policy guidelines. ➢ Use initiative and independent judgement.
➢ Communicate clearly and clearly and concisely, both concisely, both orally and in writing.
➢ Effectively evaluate the productivity of others.
➢ Have a broad understanding of social services, homelessness prevention, and community engagement strategies.
➢ Display excellent interpersonal, communication, and organizational skills. ➢ Ability to work collaboratively with diverse community groups and stakeholders. ➢ Proficiency in budget management and financial oversight. ➢ Develop cooperative working relationships with organizations and individuals engaged in community programs.
WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.
PHYSICAL CONDITIONS/WORKING ENVIRONMENT
Essential or important duties require the following physical abilities and work environment:
➢ Ability to work in an office environment; see detailed printed material; hear normal spoken conversations; to speak clearly.
➢ Primarily office-based with regular visits to community centers, recreational facilities, and local organizations.
➢ Some evening and weekend work required to attend community events and meetings. ➢ Lift items weighing up to (50) pounds.
LICENSE
Possession of a California Driver’s license and a satisfactory driving record. ➢ Travel: Positions in this class may require local and statewide travel as necessary and are expected t.o travel independently to different sites.
City Council/RSA Agenda 113 Tuesday, September 10, 2024 1 COMMUNITY AND RECREATION SERVICES
DIRECTOR
Bargaining Unit: Unrepresented Department Head
Class Code: 20470
Created/Updated:
9/10/2024
DEFINITION:
The Community and Recreation Services Director (CRSD) is a key member of the City’s Senior Management Team (SMT).Under administrative direction, and reporting to the City Manager , this position is responsible for the strategic planning, development, implementation, and oversight of a wide range of recreation and social service programs aimed at enhancing the quality of life for residents. This role includes the comprehensive management and operations of recreation programs, parks and facilities; community social services including youth violence prevention, counseling, homelessness programs, and community engagement. The CRSD provides professional recommendations and assistance to the City Council, policy recommending commissions, City management staff, and community groups, and works with community groups and other governmental agencies.
CLASS CHARACTERISITICS:
This is a single position executive level management class, reporting to the City Manager.
The incumbent is accountable for the management and operation of a City department.
Specific functions comprising the department may vary with the needs of the City. The incumbent plays an essential role in the formulation and implementation of programs to be offered.
EXAMPLES OF DUTIES (illustrative only):
➢ Develops and directs the implementation of goals, objectives, policies, procedures, and work standards to enhance the efficiency and effectiveness of the CRS Department. ➢ Prepares and administers the department’s biennial budget. ➢ Conducts regular assessments and reviews to ensure programs and services address community priorities while considering equity and meeting the needs of social, physical, and mental well-being
➢ Plans, organizes, assigns, directs, reviews, and evaluates fee-sustained programs such as youth services, adult sports and a variety of community referral and services activities.
➢ Assesses community leisure service needs.
➢ Directs programs and informational materials which promote City and community wide programs, services, and resources.
➢ Plans, schedules, assigns, and monitors departmental work activities including reviewing work in progress and completed projects for conformance with department and City requirements.
City Council/RSA Agenda 114 Tuesday, September 10, 2024 2 ➢ Ensures compliance of department standards of hiring, training and supervision of all permanent employees, as well as any seasonal, contractors and volunteers representing the City and City-supported programs and services.
➢ Directs the management and administration of various grants; participates in identifying grant funding, sponsorships, donations, and partnerships to recreation and parks programs; directs the preparation of proposals; oversees the collection, analysis, and preparation of data, reports, and participation statistics to comply with funding source requirements; administers and monitors funds. ➢ Prepares applications for and administers Federal and State grants. ➢ Administers Council approved contracts and agreements. ➢ Insures proper supervision of full-time and contract instructors providing leadership for City-supported and fee-based programs.
➢ Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
➢ Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Manager. ➢ Selects part-time employees and provides for their training and professional development.
➢ Interprets and implements City policies, procedures and ordinances. ➢ Provide presentations and share information to commissions, committees, Prepares or directs the preparation of a variety of periodic and special reports as well as analytical studies for internal and external groups and agencies, and to the general public.
➢ Organize and facilitate community events, forums, and meetings to gather input and feedback from residents.
➢ Collaborate with local organizations and agencies to provide comprehensive support services and resources to residents in need.
➢ Lead efforts in developing and implementing strategies to prevent homelessness within the community.
➢ Makes verbal presentations to public groups.
➢ Represents the City in meetings with representatives of local and regional governmental agencies, professional and community-based organizations and the public.
➢ Resolves departmental services and facility use related requests and complaints which cannot be satisfactorily addressed by subordinates.
➢ Provides staff support to an assigned City leisure services related commissions, committees and advisory groups.
➢ Coordinate and collaborate with different departments in planning and preparation of new parks and facilities.
➢ Promotes a positive work environment with collaborative teamwork and performance accountability.
➢ Ensure the department provides exceptional customer services, responding to the most difficult citizen service and facility use related complaints and requests. ➢ Performs other related duties as may be occasionally required.
City Council/RSA Agenda 115 Tuesday, September 10, 2024 3 QUALIFICATIONS:
EDUCATION AND EXPERIENCE:
Any combination of experience and education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
➢ A minimum of five (5) years of increasingly responsible experience of progressive responsible experience in the management / supervision in community-oriented recreation management, and/or social service including violence prevention/intervention, mental health and the unhoused. ➢ Two (2) years of which involved supervision of professional staff. Proven experience in grant writing and fund management desirable.
➢ Possession of a bachelor’s degree from in Public Administration, Social Work, Recreation Management, or a related field. Master's degree preferred.
KNOWLEDGE AND ABILITIES:
Knowledge Of:
➢ The goals, objectives, philosophies, programs, agencies, and processes associated with recreation and social services delivery and administration; principles of supervision and facilities management; current social issues and social planning techniques; organization dynamics.
➢ Public agency budgeting process including social service grant programs; public agency budgeting process.
➢ Principles of public administration and City government operations. ➢ Principles and practices of recreation and social services program assessment, development and implementation.
➢ Recreational facility and park design.
➢ Modern management and supervisory practices.
➢ Budget preparation and administration.
➢ Report writing and research methods.
➢ State and Federal grant application and administration.
Ability To:
➢ Accurately evaluate and manage the leisure services needs of the community. ➢ Manage a comprehensive, community- wide recreation and social services leisure services programs.
➢ Communicate effectively with all segments of the community. ➢ Provide direction, leadership and evaluation Supervisor to a team of diverse and multifaceted staff. both part-time and full-time staff. ➢ Analyze complex problems, evaluate alternatives and make creative recommendations.
City Council/RSA Agenda 116 Tuesday, September 10, 2024 4 ➢ Exercise sound judgement within general policy guidelines. ➢ Use initiative and independent judgement.
➢ Communicate clearly and clearly and concisely, both concisely, both orally and in writing.
➢ Effectively evaluate the productivity of others.
➢ Have a broad understanding of social services, homelessness prevention, and community engagement strategies.
➢ Display excellent interpersonal, communication, and organizational skills. ➢ Ability to work collaboratively with diverse community groups and stakeholders. ➢ Proficiency in budget management and financial oversight. ➢ Develop cooperative working relationships with organizations and individuals engaged in community programs.
WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.
PHYSICAL CONDITIONS/WORKING ENVIRONMENT
Essential or important duties require the following physical abilities and work environment:
➢ Ability to work in an office environment; see detailed printed material; hear normal spoken conversations; to speak clearly.
➢ Primarily office-based with regular visits to community centers, recreational facilities, and local organizations.
➢ Some evening and weekend work required to attend community events and meetings. ➢ Lift items weighing up to (50) pounds.
LICENSE
➢ Possession of a California Driver’s license and a satisfactory driving record. Travel:
Positions in this class may require local and statewide travel as necessary and are expected to travel independently to different sites.
City Council/RSA Agenda 117 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FURTHER READING AND ADOPTION OF AN ORDINANCE REPEALING CHAPTER 2.22 “YOUTH COMMISSION” OF THE UNION CITYMUNICIPAL CODE
EXECUTIVE SUMMARY
On August 13, 2024, the City Council voted unanimously to introduce an ordinance repealing Chapter 2.22 “Youth Commission” of the Union City Municipal Code.
Staff recommends that the City Council waive further reading and adopt an ordinance repealing Chapter 2.22 “Youth Commission” of the Union City Municipal Code. The proposed ordinance will take effect thirty days after adoption and result in the dissolution of the Youth Commission as a Brown Act advisory body to the City Council.
STRATEGIC PLAN ALIGNMENT
The proposed ordinance is consistent with Strategic Plan Goal B: Governance and Organization Effectiveness.
BACKGROUND
The Youth Commission of the City of Union City, established by Union City Municipal Code Chapter 2.22, is a body consisting of 15 members who are Union City residents and/or enrolled in any school located within the City, or operated by the New Haven Unified School District. Staff identified a number of concerns with having the Youth Commission continue to operate as a Brown Act body, namely: posting the names of minors on agendas, minutes, and the City's website; providing mandatory Brown Act trainings for Commissioners and alternates; and ensuring there are no serial meetings, or quorums, outside of the regularly scheduled meetings.
After considering staff’s recommendation, the Legislation and Policy Committee recommended that the City Attorney’s Office prepare an ordinance repealing the Youth Commission as an advisory body to the City Council and having the Youth Commission operate as a non-Brown Act body that is formed by and advises staff. The City Council considered the Legislation and Policy Committee’s recommendation and introduced the proposed ordinance at the August 13, 2024 City Council meeting.
DISCUSSION
The proposed Ordinance repeals Chapter 2.22 “Youth Commission” of the Union City Municipal Code. Staff is currently in the process of establishing the youth commission as a body that is created by and reports directly City Council/RSA Agenda 118 Tuesday, September 10, 2024 to staff. The youth commission formed by staff would not be subject to the BrownAct.
FISCAL IMPACT
There is no direct fiscal impact from adopting the proposed ordinance.
RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt an ordinance repealing Chapter 2.22 “Youth Commission” of the Union City Municipal Code.
Prepared by:
Juliet Vaughn, Associate Attorney
Submitted by:
Kristopher J. Kokotaylo, CityAttorney
ATTACHMENTS:
Description Type
ProposedOrdinance Ordinance
City Council/RSA Agenda 119 Tuesday, September 10, 2024
ORDINANCE NO. XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UNION CITY REPEALING CHAPTER 2.22 “YOUTH
COMMISSION” OF THE UNION CITY MUNICIPAL CODE
WHEREAS, Chapter 2.22 of the Union City Municipal Code established a Youth Commission within the City of Union City (the “Youth Commission”); and WHEREAS, the Youth Commission consists of 15 members and is a body subject to the Brown Act; and
WHEREAS, the Youth Commission encounters practical challenges to functioning and meeting on a regular basis; and
WHEREAS, the Legislation and Policy Committee, at the July 29, 2024 meeting, considered removing the Youth Commission as a Brown Act body that reports directly to the City Council and recommended forwarding the item to the City Council for consideration; and WHEREAS, the City Council believes that the Youth Commission can function more effectively and continue to serve its purposes as a non-Brown Act body and desires to repeal Chapter 2.22 of the Union City Municipal Code.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals (“Recitals”) are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. Municipal Code Amendments. Chapter 2.22, “Youth Commission” of the Union City Municipal Code, is hereby repealed in its entirety.
SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
City Council/RSA Agenda 120 Tuesday, September 10, 2024 Ordinance No. XXX-24
Repealing Chapter 2.22 “Youth Commission”
SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of September 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 121 Tuesday, September 10, 2024 Agenda Item
DATE: 9/10/2024
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO SUBMIT AN ALLOCATION REQUEST
TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FROM THE REGIONAL MEASURE 3 DUMBARTON CORRIDOR IMPROVEMENTS
PROGRAM, IN THE AMOUNT OF $3,000,000, AND ACCEPTING ALAMEDA COUNTY TRANSPORTATION COMMISSION’S DESIGNATION OF THE CITY OF
UNION CITY AS IMPLEMENTING AGENCY FOR THE UNION CITY BART EAST
ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING PROJECT, CITY PROJECT NO. 14-14
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,000,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.
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 Planning Agency (“RTPA”) for the San Francisco Bay Area. At designated times, MTC receives available regional, state and federal funds as an MPO and RTPA, and, in turn, provides these funds to local agencies for planning and programming transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”).
To solve the Bay Area’s growing traffic congestion problems, in 2018 voters approved Regional Measure 3 (RM City Council/RSA Agenda 122 Tuesday, September 10, 2024 3) to finance a $4.45 billion investment in highways and transit improvements through an increase of tolls of $1.00 on the region’s seven (7) state-owned toll bridges, including the San Francisco-Oakland Bay Bridge, the San MateoHayward Bridge, the Dumbarton Bridge, the Richmond-San Rafael Bridge, the Benicia-Martinez Bridge, the Carquinez Bridge and the Antioch Bridge. The previous toll measures approved by voters in the nine Bay Area counties - Alameda, San Francisco, San Mateo, Santa Clara, Contra Costa, Napa, Marin, Solano and Sonoma -- included Regional Measure 1 (RM 1) in 1988 and Regional Measure 2 (RM 2) in 2004. The Dumbarton Express, which provides regional transit service for commuters between Alameda County and San Mateo County, has received operating and capital improvement funds through these past toll measure programs. However, there has not been significant funding for local projects to improve the east-west commute along the Dumbarton Corridor or Decoto Road, a High Injury Network (HIN) in Southern Alameda County, from these past toll measures.
The Regional Measure 3 Expenditure Plan has identified a list of corridor improvements under CorridorSpecific Capital Projects. Under the South (San Mateo-Hayward, Dumbarton) list of projects, $130 million has been programmed for the Dumbarton Corridor Improvement (see Attachment 1 for the RM 3 Expenditure Plan).
The statute description for the Dumbarton Corridor Improvement states:
“Funding planning, environmental review, design and construction of capital improvements with the Dubarton Bridge and rail corridors in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times. Eligible projects include, but not limited to, the projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among the Altamont Commuter Express, Capitol Corridor and Bay Area Rapid Transit, including rail connection at the Shinn Station. The project sponsors are the Bay Area Toll Authority, Alameda County Transportation Commission, San Mateo County Transit District and the San Mateo County Transportation Authority.”
The Dumbarton Corridor Transportation Study, completed in 2017, discussed the proposed Dumbarton Rail Corridor service connecting Caltrain in San Mateo County to BART at the Union City BART Station in Alameda County. In 2019, San Mateo County Transit District (SamTrans) partnered with Facebook on the Dumbarton Rail Corridor (DRC) Study to review and evaluate alignments and types of rail modes for connecting San Mateo County to Alameda County along the Dumbarton-Decoto Corridor. This study was put on hold in 2021 and has not been completed.
MTC’s Southern Alameda County Integrated Rail Study (SoCo Rail), Phase 2, completed in 2023, recommended the proposed “Shinn Station” option at the Union City Intermodal Station, which currently serves BART, AC Transit, Dumbarton Express, Union City Transit, and potential future ACE service.
DISCUSSION
In early 2023, with guidance from Mayor and MTC Commissioner Carol Dutra-Vernaci, the southern Alameda County cities of Fremont and Newark, as well as AC Transit and Alameda County Transportation Commission (Alameda CTC), began identifying potential capital improvement projects along or parallel to the DumbartonDecoto Road corridor that were ready for construction within the next five years.
The Quarry Lakes Parkway Project and the BART At-Grade Pedestrian Crossing Project clearly meet the statute language for the RM 3, Dumbarton Corridor Improvement program funds. Also, these projects are identified in Alameda CTC’s Countywide Transportation Plan (CTP) and MTC’s Plan Bay Area (PBA) 2050 Plus.
In early 2023, Union City submitted the initial project information to Alameda CTC and MTC, requesting $25.0 million for Quarry Lakes Parkway and $3.0 million for the BARTAt-Grade Pedestrian Crossing for their review and comments. In February 2024, MTC met with project sponsors to review and discuss all potential projects under consideration.
On June 24, 2024, at the MTC Commission Meeting, the Commission unanimously approved the MTC staff recommendation for programming $130 million to projects in Alameda and San Mateo County with $72.0 million for specific projects in Fremont, Newark and Union City (see Attachment 2 for the MTC Dumbarton Corridor Programming Presentation and Attachment 2 for the MTC’s Updated Resolution No. 4411 for the Dumbarton Corridor Improvement Program).
City Council/RSA Agenda 123 Tuesday, September 10, 2024 Quarry Lakes Parkway, City Project No. 18-04, is currently in Final Design for Phase 1, (Mission Boulevard to 7 th Street Connection) and Phase 2 (Gateway/Caltrans Property Connection). The City plans to use the $25.0 million for the mitigation permit and construction phase and anticipates submitting an Allocation Request to MTC in late 2025.
The Plans, Specification and Estimate (PS&E) package for the Union City BART East Entrance and AtGrade Pedestrian Crossing Project, City Project No. 14-14, is currently being finalized and scheduled for advertisement in early October 2024, bid opening in mid-November, and for award of contract in December.
The City plans to use the $3.0 million for the construction phase.
Union City is required to submit an Allocation Request package to Alameda CTC and MTC for the $3.0 million of RM 3, Dumbarton Corridor Improvement program funds, including MTC’s sample resolution for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14. The Allocation Request package is due to Alameda CTC in early September for their review before they submit Union City’s Allocation Request to MTC for approval in November.
FISCAL IMPACT
There are no fiscal impacts at this time. Union City staff will coordinate with Alameda CTC and MTC staff to finalize the allocation request package, which will be part of the MTC’s Project Funding Agreement. Once staff receives the executed Project Funding Agreement, expected later in 2024, staff will request the City Council accept the $3.0 million and increase the capital improvement budget for the construction phase of the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14 by this new grant amount.
There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,000,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14.
Prepared by:
MarilouAyupan, Public Works Director
Submitted by:
MarilouAyupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - RM3 Expenditure Plan Attachment
Attachment 2 - MTCPresentation Dumbarton Programming Attachment Attachment 3 - MTCUpdated Resolution 4411 Attachment
Draft Resolution Resolution
ExhibitA - Initial Project Report Form Exhibit
Exhibit B- IPRFunding Plan Excel Exhibit
Exhibit C-Allocation Request Form Exhibit
Exhibit D- Cash Flow Plan Exhibit
7.a. Powerpoint Attachment
City Council/RSA Agenda 124 Tuesday, September 10, 2024 REGIONAL MEASURE 3 EXPENDITURE PLAN ($ in millions)
All- Corridor Annual Operating Program
All Corridors
Transbay Terminal 5
Ferries (Funding ramps up to $35 million over five years) 35 Regional Express Bus 20
Annual Operating Program Total $ 60
Regional Programs
BART Expansion Cars 500
Bay Area Corridor Express Lanes 300
Ferry Enhancement Program 300
Goods Movement and Mitigation 160
San Francisco Bay Trail / Safe Routes to Transit 150
Capitol Corridor 90
Next Generation Clipper Transit Fare Payment System 50
Regional Programs Subtotal (35%) $ 1,550
Corridor-Specific Capital Projects
Central (San Francisco-Oakland Bay Bridge)
Caltrain Downtown Extension 325
Muni Fleet Expansion and Facilities 140
Core Capacity Transit Improvements 140
AC Transit Rapid Bus Corridor Improvements 100
Transbay Rail Crossing 50
Interstate 80 Transit Improvements 25
Central Subtotal (27%) $ 780
South (San Mateo-Hayward, Dumbarton)
BART to San Jose Phase 2 375
Tri-Valley Transit Access Improvements 100
Eastridge to BART Regional Connector 130
San Jose Diridon Station 100
Dumbarton Corridor Improvements 130
Highway 101/State Route 92 Interchange 50
Interstate 680/SR 84 Interchange Reconstruction 85
Interstate 680/Interstate-880/Route 262 Freeway Connector 15 South Subtotal (34%) $ 985
North (Richmond-San Rafael, Benicia-Martinez, Carquinez, Antioch) Contra Costa 680/State Route 4 Interchange Improvements 210 U.S. 101 Marin-Sonoma Narrows 120
Solano County Interstate 80/Interstate 680/State Route 12 Interchange Project 150 Interstate 80/Westbound Truck Scales 105
State Route 37 Improvements 100
Sonoma-Marin Area Rail Transit District (SMART) Extension to Windsor & Healdsburg 40 San Rafael Transit Center 30
Richmond-San Rafael Bridge Access Improvements 210
North Bay Transit Access Improvements 100
SR 29 Improvements 20
East Contra Costa County Transit Intermodal Station 15
Byron Highway-Vasco Road Airport Connector 10
Vasco Road Safety Improvements 15
Interstate 680 Transit Improvements 10
North Subtotal (39%) $ 1,135
Corridor-Specific Capital Projects Subtotal (65%) 2,900 Capital Projects Grand Total 4,450
OPERATING PROGRAM
CAPITAL PROJECTS
City Council/RSA Agenda 125 Tuesday, September 10, 2024 RM3 Capital Programming for
Dumbarton Corridor Improvements
MTC Commission Meeting
June 24, 2024
Updated Version
City Council/RSA Agenda 126 Tuesday, September 10, 2024 Language in RM3 Statute
• Project Title and Amount: Dumbarton Corridor Improvements, $130 million • Scope: Fund planning, environmental review, design, and construction of capital improvements within Dumbarton Bridge and rail corridor in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times.
• Eligible projects include, but are not limited to, the projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among the Altamont Corridor Express, Capitol Corridor, and Bay Area Rapid Transit District, including a rail connection at Shinn Station.
• Project sponsors: Bay Area Toll Authority, Alameda County Transportation Commission, the San Mateo County Transit District, and the San Mateo County Transportation Authority
2 City Council/RSA Agenda 127 Tuesday, September 10, 2024 Distribution Principles
1. Geographic and Sponsor Balance
• 25% each to be designated by Alameda County, San Mateo County, and BATA
• 25% to be competitive
2. Retaining purchasing power of RM3
3. Reduce congestion in the corridor
4. Consistency with Plan Bay Area and regional policies 3 City Council/RSA Agenda 128 Tuesday, September 10, 2024 Staff Proposal
4 PROJECT
IMPLEMENTING
AGENCY ALA - $32.5M BATA - $32.5M SM - $32.5M
Competitive
Funding - $32.5 M Total RM3 Funding
UNION CITY BART EAST ENTRANCE AND AT GRADE
CROSSING UNION CITY $ 3,000,000 $ 3,000,000
DECOTO ROAD COMPLETE STREETS FREMONT
I-880/DECOTO INTERCHANGE MODERNIZATION FREMONT
QUARRY LAKES PARKWAY UNION CITY $ 18,300,000 $ 6,700,000 $ 25,000,000 THORNTON AVENUE COMPLETE STREETS & BAY TRAIL NEWARK $ 15,000,000 $ 15,000,000 DUMBARTON BRIDGE TO QUARRY LAKES TRAIL FREMONT $ 10,800,000 $ 10,800,000 SAN MATEO DUMBARTON BUSWAY SAMTRANS $ 5,000,000 $ 5,000,000 101/84 INTERCHANGE REIMAGINED RWCity/SMCTA $ 10,000,000 $27,500,000 $ 10,500,000 $ 48,000,000 DUMBARTON FORWARD OPERATIONAL IMPROVEMENTS BATA $ 5,000,000 $ 5,000,000 TOTAL $ 32,500,000 $ 32,500,000 $32,500,000 $ 32,500,000 $ 130,000,000 *General condition: Projects programmed below must submit allocation requests consistent with the RM3 Policies and Procedures, including an adopted board resolution and updated Initial Project Report that demonstrates full funding commitments for the requested project phase. If these are not submitted by December 31, 2025, MTC staff will request a project update for the Commission and could recommend deprogramming the funds.
PROGRAMMING RECOMMENDATIONS *
$ 11,200,000 $ 7,000,000 $ 18,200,000
City Council/RSA Agenda 129 Tuesday, September 10, 2024 Recommendation and Next Steps
• MTC Resolution No. 4411,
Revised – approve initial
programming as outlined today
• Staff will bring proposed
allocations to Commission for
consideration on a rolling basis
as projects are ready, in
accordance with RM3 Policies
and Procedures
6 City Council/RSA Agenda 130 Tuesday, September 10, 2024 Appendix -- Project Detail
7 City Council/RSA Agenda 131 Tuesday, September 10, 2024 Union City BART East
Entrance and
At-Grade Crossing
Project Sponsor City of Union City
Scope New East entrance to Union
City BART station, at-grade
UPRR crossing, other area
pedestrian improvements
RM3 Funding
Amount
$3M (Alameda)
RM3 Phase CON
Total Cost $8.4M
Schedule Begin construction 2024, open
summer 2025
8 City Council/RSA Agenda 132 Tuesday, September 10, 2024 Decoto Road Multimodal Complete Streets
Project Sponsor City of Fremont
Scope Between I-880 Interchange and
Alameda Creek Trail, dedicated
transit lanes and multipurpose
paths each direction, two
protected intersections,
upgraded signals and lighting
RM3 Funding
Amount
Up to $18.2M total
($11.2M Alameda, $7M
Competitive)
RM3 Phase PS&E, ROW, CON
Total Cost $46.8M
Schedule* Begin final design 2024, open
spring 2027
Note: This project may be phased. Schedule is shown for Phase 1, which would focus on a two-way gapclosing cycle track along the north side, and pavement rehabilitation. Phase 1 estimated cost is $10.5M. 9 City Council/RSA Agenda 133 Tuesday, September 10, 2024 I-880/ Decoto Road Interchange Modernization
Project
Sponsor
City of Fremont
Scope Multipurpose trail and
dedicated transit lanes
through intersection
RM3 Funding
Amount
TBD (Portion of $18.2M
not dedicated to Decoto
Road Complete Streets)
RM3 Phase TBD
Total Cost $24.5M
Schedule Funding dependent; could
start construction 2026
If alternate funding for the Decoto Road Complete Streets project is found, RM3 allocations may be recommended for the I-880/ Decoto Interchange Modernization project so that the continuous active transportation and bus priority improvements may be made throughout this corridor. 10 City Council/RSA Agenda 134 Tuesday, September 10, 2024 Quarry Lakes Parkway
Project Sponsor City of Union City
Scope Construct a new four-lane
multimodal, local street with a
landscape median, buffer bike
lanes and a separated
continuous multi-use trail from
Mission Blvd (SR 238) in Union
City to Paseo Padre in Fremont
RM3 Funding
Amount
$25M total
($18.3M Alameda, $6.7M
BATA)
RM3 Phase ROW, CON
Total Cost* $211.8M
Schedule* Begin construction 2025, open
end of 2028
Note: Costs and schedule shown for Phases 1-3.
11 City Council/RSA Agenda 135 Tuesday, September 10, 2024 Thornton Avenue Multimodal
Complete Streets
Project Sponsor City of Newark
Scope3-phase multimodal access
improvements between SR-84
and I-880 in Newark, including
Old Town Streetscape and
Complete Streets and Thornton
Ave Complete Streets (Hickory
St to Gateway Blvd)
RM3 Funding
Amount
$15M, competitive
RM3 Phase PS&E, CON
Total Cost* $36.8M
Schedule* Phased; construction beginning
2025-2028, segments opening
2026-2029
12 City Council/RSA Agenda 136 Tuesday, September 10, 2024 Dumbarton Bridge to Quarry Lakes Trail
Project Sponsor City of Fremont
Scope Segment 2 of trail, extending
from SR 84 toll plaza to
Ardenwood Transit Center,
including existing toll plaza
overcrossing
RM3 Funding
Amount
$10.8M, BATA
RM3 Phase PS&E, ROW, CON
Total Cost $10.8M
Schedule Construction beginning 2026,
opening 2028
13 City Council/RSA Agenda 137 Tuesday, September 10, 2024 101/84 Interchange Reimagined
Project Sponsor Redwood City, San Mateo County
Transportation Authority
Project US 101/84 Interchange Reimagined
• Significant safety improvements
• 4.21 Miles of new bike/ped
• Improved access for transit shuttles from RWC
Caltrain to Port and access to planned WETA
ferry terminal
RM3 Funding
Amount*
$48M
RM3 Phase CON
Total Cost $321M
Schedule Construction start in 2027
14 City Council/RSA Agenda 138 Tuesday, September 10, 2024 San Mateo Dumbarton Busway
Project Sponsor Dumbarton Corridor Transitway
Scope Business Case
RM3 Funding
Amount
$5 Million
RM3 Phase Pre-environmental
Total Cost $150 Million (estimated total
project cost)
Schedule Construction beginning in 2029
15 City Council/RSA Agenda 139 Tuesday, September 10, 2024 BATA Programming/
Dumbarton Forward
Operational Improvement Project
Project Sponsor BATA and others as to be defined
Scope Proposed Part-time Bus only Lane on San
Mateo County side of Dumbarton Bridge;
funding may also be recommended for
further transit improvements and Bay Trail
improvement studies
RM3 Funding Amount $5M, BATA ($5M in RM2 is also dedicated to Dumbarton Forward)
RM3 Phase CON
Total Cost $26M
Schedule Construction completion summer 2026
16 City Council/RSA Agenda 140 Tuesday, September 10, 2024 Date: March 25, 2020
W.I.: 1258
Referred by: PAC
Revised: 05/27/20-C 06/23/21-C
07/28/21-C 11/16/22-C
06/26/24-C
ABSTRACT
MTC Resolution No. 4411, Revised
This resolution establishes programming for Regional Measure 3 (RM3) capital projects sponsored or co-sponsored by MTC or BATA.
This resolution includes the following attachments:
Attachment A – Goods Movement and Mitigation Program of Projects Attachment B – Bay Area Corridor Express Lanes Program of Projects Attachment C – North Bay Transit Access Improvements Program of Projects Attachment D – Dumbarton Corridor Improvements Program of Projects This resolution was revised on May 27, 2020 by Commission Action to add Attachment B – Bay Area Corridor Express Lanes Program of Projects.
This resolution was revised on June 23, 2021 by Commission Action to add Attachment C – North Bay Transit Access Improvements Program of Projects.
This resolution was revised on July 28, 2021 by Commission Action to amend Attachment B – Bay Area Corridor Express Lanes Program of Projects.
This resolution was revised on November 16, 2022 by Commission Action to amend Attachment A – Goods Movement and Mitigation Program of Projects.
This resolution was revised on June 26, 2024 by Commission Action to add Attachment D – Dumbarton Corridor Improvements Program of Projects, and to amend Attachments B and C to conform to programming and allocation actions taken by the Commission, including the addition of funds to the Bay Area Corridor Express Lanes program and further specification of a separate programming and allocation resolution for county programs under the North Bay Transit Access Improvements program.
Additional discussion of this allocation is contained in the Executive Director’s memorandum and MTC Programming and Allocations Committee Summary sheet dated March 11, 2020, May 13, 2020, June 9, 2021, July 14, 2021, November 9, 2022, and June 12, 2024, and the Commission summary sheet dated June 24, 2024.
City Council/RSA Agenda 141 Tuesday, September 10, 2024 Date: March 25, 2020
W.I.: 1258
Referred by: PAC
Re: Programming of Regional Measure 3 Capital Projects Sponsored or Co-Sponsored by MTC or BATA
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION No. 4411
WHEREAS, pursuant to Government Code Section 66500 et seq., the Metropolitan Transportation Commission (“MTC”) is the regional transportation planning agency for the San Francisco Bay Area; and
WHEREAS, Streets and Highways Code Sections 30950 et seq. created the Bay Area Toll Authority (“BATA”) which is a public instrumentality governed by the same board as that governing MTC; and
WHEREAS, on June 5, 2018, a special election was held in the City and County of San Francisco, and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma (individually, each a “County” and, collectively, the “Counties”) to approve a toll increase of three dollars ($3.00) phased in over time, including a one dollar ($1.00) toll increase on January 1, 2019, a one dollar ($1.00) toll increase on January 1, 2022, and a one dollar ($1.00) toll increase on January 1, 2025, for vehicles traveling on the state-owned bridges located in the San Francisco Bay Area (“Regional Measure 3”); and
WHEREAS, on September 26, 2018, the Bay Area Toll Authority (“Authority”) adopted Resolution No. 126 accepting certified statements from the Registrar of Voters of the City and County of San Francisco and each of the Counties and observing that a majority of all voters voting on Regional Measure 3 (“RM3”) at such special election voted affirmatively for RM3; and WHEREAS, on December 19, 2018, the Authority adopted Resolution No. 128 adopting a toll schedule phasing in the toll increase approved pursuant to RM3, effective on January 1, 2019; and WHEREAS, RM3 establishes the RM3 Expenditure Plan and identifies specific capital projects and programs and operating programs eligible to receive RM3 funding as identified in Sections 30914.7(a) and (c) of the California Streets and Highways Code; and WHEREAS, BATA shall fund the projects of the RM3 Expenditure Plan by bonding or transfers to MTC; and
City Council/RSA Agenda 142 Tuesday, September 10, 2024 MTC Resolution No. 4411
WHEREAS, MTC adopted RM3 Policies and Procedures for the implementation of the RM3 Expenditure Plan, specifying the allocation criteria and project compliance requirements for RM3 funding (MTC Resolution No. 4404); and
WHEREAS, the RM3 Expenditure Plan gives certain responsibilities to MTC or BATA for specific projects, including project sponsorship or co-sponsorship, making funds available for projects, providing funding for competitive grant programs, allocating funding to an agency designated to build a project, or consulting with entities to determine a project sponsor, as identified in Sections 30914.7(a) and (c) of the California Streets and Highways Code; and WHEREAS, pursuant to Section 30914.7(a) of the California Streets and Highways Code, other entities are joint project sponsors of certain RM3 capital projects or otherwise listed in determining the project sponsor;
WHEREAS, the Attachments to this resolution, attached hereto and incorporated herein as though set forth at length, list project programming determinations for specific projects pursuant as Section 30914.7(a) of the California Streets and Highways Code; now, therefore, be it RESOLVED, that MTC approves the programs of projects as set forth in the Attachments; and be it further
RESOLVED, that MTC may take further action to issue RM3 Letters of No Prejudice based on the programs of projects as set forth in the Attachments; and, be it further RESOLVED, that further MTC action in the form of approved allocations are required to expend RM3 funds; and, be it further
RESOLVED, that MTC will meet all obligations for these projects regarding joint sponsors and other entities pursuant to Section 30914.7(a) of the California Streets and Highways Code; and be it further
RESOLVED, that a certified copy of this resolution and applicable attachments shall be forwarded to any applicable project sponsor, co-sponsor, or implementing agency.
City Council/RSA Agenda 143 Tuesday, September 10, 2024 MTC Resolution No. 4411
METROPOLITAN TRANSPORTATION COMMISSION
Scott Haggerty, Chair
The above resolution was entered into
by the Metropolitan Transportation
Commission at the regular meeting
of the Commission held in San Francisco,
California, on March 25, 2020.
City Council/RSA Agenda 144 Tuesday, September 10, 2024 May 27, 2020
MTC Resolution No. 4411
Attachment B
Bay Area Corridor Express Lanes
Revised: 07/28/21-C; 6/26/24-C
RM3 Program of Projects – Bay Area Corridor Express Lanes RM3 Project No. 2
Project Title Bay Area Corridor
Express Lanes
Funding Amount $300,000,000
Statue Project Description
Fund the environmental review, design, and construction of express lanes to complete the Bay Area Express Lane Network, including supportive operational improvements to connecting transportation facilities. Eligible projects include, but are not limited to, express lanes on Interstate 80, Interstate 580, and Interstate 680 in the Counties of Alameda and Contra Costa, Interstate 880 in the County of Alameda, Interstate 280 in the City and County of San Francisco, Highway 101 in the City and County of San Francisco and the County of San Mateo, State Route 84 and State Route 92 in the Counties of Alameda and San Mateo, Interstate 80 from Red Top Road to the intersection with Interstate 505 in the County of Solano, and express lanes in the County of Santa Clara.
Statute Project Sponsor
Eligible project sponsors include the Bay Area Infrastructure Financing Authority, and any countywide or multicounty agency in a bay area county that is authorized to implement express lanes. The Metropolitan Transportation Commission shall make funds available based on performance criteria, including benefitcost and project readiness.
Other Project Sponsor Action Required for Programming
Sponsors must agree to follow regionally consistent toll policies established by MTC/BAIFA Program of Projects
Project Sponsor Project Title RM3 Amount
($ millions)
San Mateo County
Transportation Authority
US 101 Express Lanes: I-380 to Santa Clara County Line 1 $75 Solano Transportation
Authority
Interstate 80 Express Lanes: Red Top Road to I-505 2 $70.424 Bay Area Infrastructure
Financing Authority
Interstate 80 Express Lanes: Red Top Road to I-505
(Toll System) 2
$31.276
Alameda County
Transportation
Commission
Interstate 680 Southbound Express Lane: Alcosta
Boulevard to SR-84 2
$80
Express Lanes Program
Reserve
TBD 3 $60
Total $316.7
1 Project exempt for requirement to follow regionally consistent toll policies established by MTC/BAIFA since toll funds were committed through prior BATA action.
2 Funds programmed to these projects are intended as leverage for 2020 Senate Bill 1 (SB1) Solutions for Congested Corridors Program (SCCP), Trade Corridor Enhancement Program (TCEP), and Local Partnership Program (LPP). If the I-80 project fails to secure sufficient 2020 SB1 funding to fully fund the project and start construction as planned in 2021, the $80 million in RM3 programmed to this project will be returned to the RM3 Express Lanes Program Reserve. If the I-680 project fails to secure fully funding and meet environmental and regulatory requirements to start construction by the end of calendar year 2022, the $80 million in RM3 programmed to this project will be returned to the RM3 program reserve.
City Council/RSA Agenda 145 Tuesday, September 10, 2024 May 27, 2020
MTC Resolution No. 4411
Attachment B
Bay Area Corridor Express Lanes
Revised: 07/28/21-C; 6/26/24-C
Note updated 6/26/24: $16.7 million added to total to conform to January 24, 2024 action to redirect same amount from RM3 Project 21, Solano County I-80/I-680/SR-12 Interchange Project to the Express Lanes project. 3 Projects may include development or construction of express lanes or supportive operational improvements. Priority for a portion of this reserve will be given to Interstate 680 Northbound Express Lane: Livorna to Marina Vista, pending completion of environmental review, sufficient design to determine the benefit-cost ratio and development of a full funding plan.
City Council/RSA Agenda 146 Tuesday, September 10, 2024 June 23, 2021
MTC Resolution No. 4411
Attachment C
North Bay Transit Access Improvements
Revised: 6/26/24-C
North Bay Transit Access Improvements
RM3 Project No. 26
Project Title North Bay Transit
Access Improvements
Funding Amount $100,000,000
Statue Project Description
Provide funding for transit improvements, including, but not limited to, bus capital projects, including vehicles, transit facilities, and access to transit facilities, benefiting the Counties of Marin, Sonoma, Napa, Solano, and Contra Costa. Priority shall be given to projects that are fully funded, ready for construction, and serving rail transit or transit service that operates primarily on existing or fully funded high-occupancy vehicle lanes.
Statute Project Sponsor Description
The project sponsor is the Metropolitan Transportation Commission. Eligible applicants are any transit operator providing service in the Counties of Contra Costa, Marin, Napa, Solano, or Sonoma.
Other Project Sponsor Action Required for Programming
MTC is delegating project selection for each county to the applicable County Transportation Agency, subject to review of consistency with RM3 legislation and RM3 policies and procedures. Prior to MTC programming projects in this category, a Board resolution from relevant County Transportation Agency will be required.
Program of Projects
County Implementing Agency Project Title(s) RM3
Amount
($ millions)
Napa Napa Valley Transportation
Authority
Vine Transit Maintenance Facility $20
Contra Costa TBD TBD $20
Marin TBD TBD $20
Solano TBD TBD $20
Sonoma TBD TBD $20
Total $100
Note Updated 6/26/2024: Further programming and allocation of this program takes place through MTC Resolution No. 4584, Revised, Approval of Regional Measure 3 Funds for North Bay Transit Access Improvements, or other such allocation resolutions to be taken by the Commission.
City Council/RSA Agenda 147 Tuesday, September 10, 2024 June 26, 2024
MTC Resolution No. 4411
Attachment D
Dumbarton Corridor Improvements
Dumbarton Corridor Improvements
RM3 Project No. 17
Project Title Dumbarton Corridor
Improvements
Funding Amount $130,000,000
Statue Project Description
Fund planning, environmental review, design, and construction of capital improvements within Dumbarton Bridge and rail corridor in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times. Eligible projects include, but are not limited to, the projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among the Altamont Corridor Express, Capitol Corridor, and Bay Area Rapid Transit District, including a rail connection at Shinn Station. The project sponsors are the Bay Area Toll Authority, Alameda County Transportation Commission, the San Mateo County Transit District, and the San Mateo County Transportation Authority. One hundred thirty million dollars ($130,000,000).
Statute Project Sponsor Description
The project sponsors are the Bay Area Toll Authority, Alameda County Transportation Commission, the San Mateo County Transit District, and the San Mateo County Transportation Authority.
Other Project Sponsor Action Required for Programming
Designated project sponsors Alameda County Transportation Commission and San Mateo County Transit District / San Mateo County Transportation Authority will take board action approving initial project reports and allocation requests for projects from their respective county prior to MTC consideration.
Implementing agencies (if different from designated project sponsor) will also take board action approving initial project report and allocation request prior to MTC consideration.
Program of Projects
The program of projects is split into four categories, each totaling $32.5 million: Alameda County projects, San Mateo County projects, BATA projects (may include bridge projects or projects in either Alameda or San Mateo counties), and competitive (may include any corridor project).
General condition: Projects programmed below must submit allocation requests consistent with the RM3 Policies and Procedures, including an adopted board resolution and updated Initial Project Report that demonstrates full funding commitments for the requested project phase. If these are not submitted by December 31, 2025, MTC staff will request a project update for the Commission and could recommend deprogramming the funds.
City Council/RSA Agenda 148 Tuesday, September 10, 2024 June 26, 2024
MTC Resolution No. 4411
Attachment D
Dumbarton Corridor Improvements
ALAMEDA COUNTY PROJECTS
County Implementing Agency Project Title(s) RM3
Amount
($ millions)
Alameda Union City Union City BART Station: Pedestrian At-Grade Crossing at Oakland Rail Subdivision, New
Station East Entrance
$3.0
Alameda Fremont Decoto Road Complete Streets and
I-880/Decoto Interchange Modernization1
$11.2
Alameda Union City Quarry Lakes Parkway2 $18.3
Total $32.5
SAN MATEO COUNTY PROJECTS
County Implementing Agency Project Title(s) RM3
Amount
($ millions)
San Mateo SamTrans San Mateo Dumbarton Busway $5.0
San Mateo3 Redwood City/SMCTA US 101/SR 84 Interchange Improvement Project $27.5 Total $32.5
BATA PROJECTS
County Implementing Agency Project Title(s) RM3
Amount
($ millions)
Multiple BATA BATA Programming/ Dumbarton Forward
Operational Improvements
$5.0
Alameda Union City Quarry Lakes Parkway2 $6.7
Alameda Fremont Dumbarton Bridge to Quarry Lakes Trail $10.8 San Mateo3 Redwood City/SMCTA US 101/SR 84 Interchange Improvement Project $10.0 Total $32.5
COMPETITIVE FUNDING
County Implementing Agency Project Title(s) RM3
Amount
($ millions)
Alameda Fremont Decoto Road Complete Streets and
I-880/Decoto Interchange Modernization1
$7.0
Alameda Newark Thornton Avenue Complete Streets & Bay Trail $15.0 San Mateo3 Redwood City/SMCTA US 101/SR 84 Interchange Improvement Project $10.5 Total $32.5
City Council/RSA Agenda 149 Tuesday, September 10, 2024 June 26, 2024
MTC Resolution No. 4411
Attachment D
Dumbarton Corridor Improvements
Project Funding Notes
1. The Decoto Road Complete Streets project is adjacent to the I-880/Decoto Interchange Modernization project. Funding for this corridor is prioritized under both Alameda County ($11.2 million) and Competitive Funding ($7 million) for a total of $18.2 million. Both projects consist of continuous active transportation and bus priority improvements. The intent of funding from both Alameda and Competitive categories is to prioritize the Decoto Road Complete Streets project and pursue a full funding plan that would deliver both active transportation and transit priority elements for that project. However, if alternate funding for the Decoto Road Complete Streets project is found, RM3 allocations may be recommended for the I-880/ Decoto Interchange Modernization project so that the continuous active transportation and bus priority improvements may be made throughout this corridor.
2. The Quarry Lakes Parkway project is prioritized under both Alameda County ($18.3 million) and BATA Funding ($6.7 million) for a total of $25 million.
3. The US 101/SR 84 Interchange Improvement project is prioritized under San Mateo County ($27.5 million), BATA ($10 million), and Competitive ($10.5 million) for a total of $48 million.
City Council/RSA Agenda 150 Tuesday, September 10, 2024 RM3 IMPLEMENTING AGENCY
RESOLUTION OF PROJECT COMPLIANCE – ALLOCATION REQUEST
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO SUBMIT AN ALLOCATION
REQUEST TO THE METROPOLITAN TRANSPORTATION
COMMISSION (MTC) FROM THE REGIONAL MEASURE 3
DUMBARTON CORRIDOR IMPROVEMENTS PROGRAM, IN THE
AMOUNT OF $3,000,000, AND ACCEPTING ALAMEDA COUNTY
TRANSPORTATION COMMISSION’S DESIGNATION OF THE CITY OF
UNION CITY AS IMPLEMENTING AGENCY FOR THE UNION CITY
BART EAST ENTRANCE AND AT-GRADE PEDESTRIAN CROSSING
PROJECT, CITY PROJECT NO. 14-14
WHEREAS, SB 595 (Chapter 650, Statutes 2017), commonly referred as Regional Measure 3, identified projects eligible to receive funding under the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 3 funds, pursuant to Streets and Highways Code Section 30914.7(a) and (c); and
WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 3 funding; and WHEREAS, allocation requests to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 3 Policies and Procedures (MTC Resolution No. 4404; and
WHEREAS, the Alameda County Transportation Commission (Alameda CTC) is the sponsor of the Dumbarton Corridor Improvement Program project in the Regional Measure 3 Expenditure Plan; and
WHEREAS, the Dumbarton Corridor Improvement Program - Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14, is eligible for consideration in the Regional Measure 3 Expenditure Plan, as identified in California Streets and Highways Code Section 30914.7(a); and
WHEREAS, the Alameda CTC desires to designate the City of Union City as an entity that is eligible to request Regional Measure 3 funds for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14; and WHEREAS, the Regional Measure 3 Initial Project Report (IPR) and Allocation Request Form, attached hereto and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which the City of Union City is requesting that MTC allocate Regional Measure 3 funds (see Exhibit A, Exhibit B, Exhibit C, and Exhibit D); and
City Council/RSA Agenda 151 Tuesday, September 10, 2024 Resolution No. XXXX-24
Authorize MTC RM3 Allocation Request for BART Ped Crossing
NOW, THEREFORE BE IT RESOLVED that the City of Union City accepts Alameda CTC’s designation as the implementing agency for the project; and BE IT FURTHER RESOLVED that the City of Union City accepts Alameda CTC’s delegation of responsibility for certifying the project and allocation request(s) comply with the requirements of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and
BE IT FURTHER RESOLVED that the City of Union City and its agents shall comply with the provisions of the Metropolitan Transportation Commission’s Regional Measure 3 Policies and Procedures; and
BE IT FURTHER RESOLVED that the City of Union City certifies that Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14, is consistent with the Regional Transportation Plan (RTP); and BE IT FURTHER RESOLVED that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project; and
BE IT FURTHER RESOLVED that the Regional Measure 3 phase or segment is fully funded, and results in an operable and useable segment; and BE IT FURTHER RESOLVED that the City of Union City approves the allocation request and updated IPR, attached to this resolution as Exhibit C and Exhibit A; and BE IT FURTHER RESOLVED that the City of Union City approves the cash flow plan attached to this resolution as Exhibit D; and
BE IT FURTHER RESOLVED that the City of Union City has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the allocation request and updated IPR, attached to this resolution as Exhibit A; and BE IT FURTHER RESOLVED that the City of Union City is authorized to submit an allocation request for Regional Measure 3 funds for the Union City BART East Entrance and AtGrade Pedestrian Crossing, City Project No. 14-14, in accordance with California Streets and Highways Code 30914.7(a); and
BE IT FURTHER RESOLVED that the City of Union City certifies that the projects and purposes for which RM3 funds are being requested are in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.) and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and
BE IT FURTHER RESOLVED that there is no legal impediment to the City of Union City making allocation requests for Regional Measure 3 funds; and City Council/RSA Agenda 152 Tuesday, September 10, 2024 Resolution No. XXXX-24
Authorize MTC RM3 Allocation Request for BART Ped Crossing
BE IT FURTHER RESOLVED that there is no pending or threatened litigation which might in any way adversely affect the proposed project or the ability of the City of Union City to deliver such project; and
BE IT FURTHER RESOLVED that the City of Union City agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution 3866; and
BE IT FURTHER RESOLVED that the City of Union City indemnifies and holds harmless MTC, BATA, and their 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 the City of Union City, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM3 funds. The City of Union City agrees, at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, BATA, and their Commissioners, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM3 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages, and
BE IT FURTHER RESOLVED that the City of Union City shall, if any revenues or profits from any non-governmental use of property (or project) that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs; otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC’s percentage participation in the projects(s); and
BE IT FURTHER RESOLVED that assets purchased with RM3 funds, including facilities and equipment, shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present-day value refund or credit (at MTC’s option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 3 funds were originally used; and
BE IT FURTHER RESOLVED that the City of Union City shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 3 Toll Revenues; and
BE IT FURTHER RESOLVED that the City Council of Union City authorizes its City Manager to execute and submit an allocation request for the construction phase with MTC for Regional Measure 3 funds, in the amount of $3,000,000, for the project, purposes, and amounts included in the allocation request attached to this resolution; and City Council/RSA Agenda 153 Tuesday, September 10, 2024 Resolution No. XXXX-24
Authorize MTC RM3 Allocation Request for BART Ped Crossing