Union City City Council
November 26, 2024

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAIME PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, November 26, 2024
7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road Union City, CA 94587

1. CALL TO ORDER

1.1. Pledge of Allegiance

1.2. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - None

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on nonagenda 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 City Council/RSA Agenda 1 Tuesday, November 26, 2024
public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.1. Approve The Minutes Of The October 22, 2024 City Council Special Closed Session

5.2. Approve The Minutes Of The October 22, 2024 City Council Regular Meeting

5.3. Approve The Minutes Of The November 19, 2024 City Council Special Meeting

5.4. Adopt A Resolution Ratifying Prior Services Rendered By Townsend Public Affairs, Inc., In The Amount Of $16,000, And Authorizing The City Manager To Execute An Agreement With Townsend Public Affairs, Inc., In An Amount Not-To-Exceed $96,000, For Legislative Advocacy And Grant Funding Research Services

5.5. Adopt A Resolution Authorizing The City Manager To Execute An Agreement With Howell Consulting, In An Amount Not-To-Exceed $99,700, For Consulting Services To Update The Comprehensive Emergency Management Plan (CEMP) For The City Of Union City And The City of Newark

5.6. Adopt A Resolution Approving Amendment No. 4 To Contract No. 5774, The Post-Retirement Employment Agreement With Retired Annuitant Lola Tapia

5.7. Adopt A Resolution Authorizing The City Manager To Execute A Two And A Half Year Agreement With Universal Building Services & Supply Company, In An Amount Not To Exceed $401,464 Per Year, For A Total Contract Amount Of $1,003,660, And Authorizing The City Manager, At Their Sole Discretion, To Execute Up To Two Additional One-Year Extensions For Custodial Services, City Project No. 25-12

5.8. Adopt A Resolution Changing The Name Of The Audit Committee To The Finance Committee And Expanding The Committee's Scope Of Work

5.9. Adopt A Resolution Authorizing The City Manager To Send A Letter To Union Pacific Railroad Company Requesting Support For The City's Potential Future Efforts To Obtain Grant Funding To Study And Build A Pedestrian Overpass At The I Street Oakland Subdivision Tracks, As Necessitated By The At-Grade Pedestrian Crossing At BART Project, City Project No. 14-14

5.10. Adopt A Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With Kittelson & Associates, Inc., In The Amount Of $275,611, For Preliminary Engineering And Final Design For The Alvarado-Niles Road Part-Time Transit Lane Pilot Project, City Project No. 24-21

5.11. Waive Further Reading And Adopt An Ordinance Approving Zoning City Council/RSA Agenda 2 Tuesday, November 26, 2024
Map Amendment, A-24-002, To Update The Official Union City Zoning Map For Property Located At 31300 Alvarado-Niles Road (APN 463- 0104-006-00) From Union Landing Commercial (CUL) To Community Commercial (CC) For Consistency With The 2040 General Plan And To Facilitate The Demolition And Rebuild Of A Service Station

5.12. Waive Further Reading And Adoption Of An Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Turk Island)

5.13. Waive Further Reading And Adoption Of An Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Florence Street)

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.1. Adopt A Resolution Approving The City's Investment Policy

7.2. Report To The City Council On The Consideration For The Future Uses Of The Historical Museum Building Located At 3841 Smith Street

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

MEETING INFORMATION
Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.

Meetings can also be observed via Zoom: https://unioncity-org.zoom.us/j/81719037355 | Passcode: u8SH9cH^
Meetings are broadcasted live on UCTV Channel 15 and live-streamed on the City's website: https://www.unioncity.org/199/City-Meetings-Video.

Public Comment: Members of the public cannot provide comments via Zoom unless specifically permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in City Council/RSA Agenda 3 Tuesday, November 26, 2024
person, unless prohibited by law.

Public Records: Documents related to the agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City's Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.

Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.

ADDRESSING THE CITY COUNCIL
In-Person Public Comment:

Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.

Written Comment:

To submit written comments on an agenda item or during Public Comment, please email:
[email protected]. Include "public comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City Council and made publicly available.

Public Comment via Zoom:

As noted above, the public may not address the Council via Zoom unless required by AB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.

CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23; Adopted May 23, 2023)
The City Council of the City of Union City comply with the following norms:

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 selfinterests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

City Council/RSA Agenda 4 Tuesday, November 26, 2024

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 AGENDA POSTING
City Council/RSA Agenda 5 Tuesday, November 26, 2024
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. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council/RSA Agenda 6 Tuesday, November 26, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 7 Tuesday, November 26, 2024
October 22, 2024 | 6:00 PM Page 1 of 2
City Council
Special Closed Session 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, October 22, 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 6:03 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 8 Tuesday, November 26, 2024
October 22, 2024 | 6:00 PM Page 2 of 2
City Council
Special Closed Session Minutes

4. CLOSED SESSION

4.1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6
Agency Designated Representatives:

Jason Castleberry, Human Resources Director
Jeff Bailey, IEDA Labor Negotiator
Employee Organizations:

Union City Police Management Association
Union City Police Officers’ Association
Service Employees International Union Local 1021
No reportable action.

5. REPORT OUT OF CLOSED SESSION
Mayor Dutra-Vernaci reported on the items referenced above and at the October 22, 2024, Regular Meeting.

6. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:53 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 9 Tuesday, November 26, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 10 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 1 of 6
City Council / Successor Agency
Regular Meeting Minutes

MINUTES

CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, October 22, 2024 | 7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:12 PM.

1.1. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.

1.2. 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 noted that the City Council held a closed session prior to the regular meeting. She reported that there were no reportable actions taken during the session. The Mayor then proceeded to address a recent incident involving a former Parks and Recreation Commissioner. She explained that the commissioner had made inappropriate and threatening remarks toward a council candidate, which violated the city’s standards for behavior. As a result, she requested the commissioner’s resignation, which was promptly submitted.

She emphasized the city's commitment to maintaining professionalism and integrity, particularly for those in positions of authority.

City Council/RSA Agenda 11 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes

2. UNFINISHED BUSINESS
There was none.

3. PROCLAMATIONS AND PRESENTATIONS

3.1. Proclamation Proclaiming November 2024 As Sikh Appreciation Month Mayor Dutra-Vernaci read aloud the proclamation and presented it to Jaswinder Jandi and Jaskiran Kaur Bhullar.

3.2. Proclamation Proclaiming November 2024 As Native American Heritage Month
Mayor Dutra-Vernaci read aloud the proclamation. The recipient was not in attendance.

3.3. Proclamation Proclaiming November 2024 As Lung Cancer Awareness Month
Mayor Dutra-Vernaci read aloud the proclamation and presented it to American Lung Cancer Screening Initiative members Jana Lukas and Sania Choudhary.

4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following individuals spoke on items that were not on the agenda:

Lama Stella
Shamsa Rafay
Wendy Huang
Naheed Hasnat
Abigail Andrade
Fatima Ashufta
Saba Ali
Mohammad Imad
Sajid Siddiqi
Wahed Baraket
Vivanna Espinoza
Joseph Prado
Katelyn Trieu
K.C. Ng
Maria Ramirez
Roohi Qadir
Rachita Upadhya
Mohamed Khadbai
Mohammad Mohiuddin
Golden Shao
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

RESULT: Pass
MOVER: Councilmember Singh
SECONDER:Mayor Dutra-Vernaci
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

5.1. Approve The Minutes Of The October 8, 2024 City Council Regular Meeting
A motion was made to approve the minutes.

City Council/RSA Agenda 12 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes

5.2. Adopt A Resolution Authorizing The City Manager To Execute The Certifications And Assurances Document Required For The City To Receive A Grant Award Under The Fiscal Year 2024 Edward J. Byrne Memorial Justice Assistance Grant (JAG), In The Amount Of $16,982, For Fiscal Year 2024-2025, And Amending The Fiscal Year 2024-2025 Police Grants Fund Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6375-24

5.3. Adopt A Resolution Approving The Side Letter Agreement Between The City Of Union City And The Service Employees International Union (SEIU), Approving Amendments To The City's Classification And Compensation Plan, Effective October 28, 2024, In Conformance With The California Code Of Regulations, Title 2, Section 570.5, And Amending The Fiscal Year 2024-2025 Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6376-24

5.4. Adopt A Resolution Accepting The Alameda County Public Health Department’s ACPHD-OVP-1016 Violence Prevention And Intervention Grant For Fiscal Year 2024-2025 In The Amount Of $225,000 To Provide Youth Suicide Prevention Services; Authorizing The City Manager To Execute The Grant Documents; And Amending The Fiscal Year 2024-2025 Youth Violence Prevention & Intervention Fund Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6377-24

5.5. Adopt A Resolution Authorizing The Filing Of An Application For Alameda County Transportation Commission Administered Funding For The Union City Transit Battery Electric Bus (BEB) Charging Infrastructure, City Project No. 22-11, And Committing Any Necessary Matching Funds And Stating Assurances To Complete The Project A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6378-24

6. PUBLIC HEARINGS
There were none.

7. CITY MANAGER REPORTS

7.1. Adopt A Resolution Designating The Voting Delegate And Alternate Delegate For The National League Of Cities – City Summit 2024 On November 13-16, 2024 In Tampa Bay, FL
Deputy City Manager Phan gave 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 13 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes
Motion: Adopt a resolution designating Vice Mayor Wang as voting delegate and Councilmember Patiño as the alternate delegate for the National League of Cities – City Summit 2024.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None

Enactment Nos.: Resolution No. 6379-24

7.2. City Council Discussion And Consideration To Further Review And Evaluate The Station District Parking Program
City Manager Malloy gave 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.

Council directed staff to conduct further analysis and report back in January.

In the interim, the Council agreed to continue the suspension of parking enforcement in the garage area.

7.3. Adopt A Resolution Authorizing The City Manager To Execute Agreements To Transfer Administration Of The City's Pension And OPEB Section 115 Trust To The Shuster Advisory Group, LLC, And To Transfer the Trust's Assets To Charles Schwab Trust Bank And To Name Alta Trust Company As Directed Trustee
Finance Director Acosta gave 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 authorizing the City Manager to execute agreements to transfer administration of the City’s Pension and OPEB Section 115 Trust to the Shuster Advisory Group, LLC, and to transfer the Trust’s assets to Charles Schwab Trust Bank and to name Alta Trust Company as Directed Trustee.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Sakakihara
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None
City Council/RSA Agenda 14 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes

Enactment Nos.: Resolution No. 6380-24

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

9. AUTHORITIES AND AGENCIES
There were none.

10. CITY COMMISSION / COMMITTEE REPORTS
There were none.

11. ITEMS REFERRED BY COUNCIL
Vice Mayor Wang reported attending the League of California Cities Annual Conference.

Councilmember Singh had nothing to report.

Councilmember Sakakihara had nothing to report
Councilmember Patiño reported attending the League of California Cities Annual Conference and noted that the Ava Community Energy meeting was canceled due to a scheduling conflict with the conference. He also mentioned his participation in various receptions and interactions with lobbyists during the event.

Mayor Dutra-Vernaci reported on her attendance at the Alameda County Mayors' Conference, where discussions included updates from the Metropolitan Transportation Commission (MTC). She also shared insights from her participation in Bloomberg CityLab 2024 in Mexico City, which focused on community engagement and city planning initiatives. Mayor Dutra-Vernaci plans to discuss these insights with the City's Arts and Culture Commission.

12. GOOD OF THE ORDER
Vice Mayor Wang had no report.

Councilmember Singh expressed concern about a recent incident involving a former commissioner and emphasized the importance of maintaining respect and professionalism in all city interactions.

Councilmember Sakakihara highlighted his attendance at the "Running Dead 5K" event organized by the city and commended the city staff for its successful execution.

Councilmember Patiño discussed the need to address partisanship in non-partisan local elections and shared his recent participation in meetings for local officials in Washington, D.C. He also requested adding the prescription drug discount program to the agenda for the next council special meeting on November 19, 2024, but the request did not receive majority support.

Mayor Dutra-Vernaci reiterated the city's commitment to maintaining professionalism and respect, referencing the recent incident involving a former commissioner. She also reminded attendees of the upcoming 50th anniversary celebration for Centro de Servicio on November 1, 2024, and encouraged community participation in the event.

City Council/RSA Agenda 15 Tuesday, November 26, 2024
October 22, 2024 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes

13. CLOSED SESSION
There were none.

14. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:56 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 16 Tuesday, November 26, 2024
Agenda Item
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 17 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 1 of 6
City Council / Successor Agency
Special Meeting Minutes

MINUTES

CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, November 19, 2024 | 5:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 5:00 PM. The mayor announced that Councilmember Sakakihara was participating remotely pursuant to California Government Code Section 54953.

1.1. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.

1.2. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes (Remote)
Yes
Yes
Yes

2. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. There being no speakers, Mayor Dutra-Vernaci closed Oral Communications.

City Council/RSA Agenda 18 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 2 of 6
City Council / Successor Agency
Special Meeting Minutes

3. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

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

3.1. Adopt A Resolution Approving the Mayor's Appointment of Florence Tsang To Serve On The Arts & Culture Commission
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6381-24

3.2. Adopt A Resolution Authorizing The Acceptance Of Office Of Traffic Safety Selective Traffic Enforcement Program Grant Funds, In The Amount Of $92,000, For The Fiscal Year 2024-2025, And Amending The Fiscal Year 2024-2025 OTS Fund Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6382-24

3.3. Adopt A Resolution Authorizing The City Manager To Execute A Reimbursement Agreement With MCI Communications Services, LLC, In The Amount Of $124,096, To Relocate An Existing Fiber Optic Line As Part Of The At-Grade Pedestrian Crossing at BART Project, City Project No. 14-14
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6383-24

3.4. Adopt A Resolution Authorizing The City Manager To Execute The Crossing Agreement With Union Pacific Railroad Company, In The Amount Of $406,647, To Replace The Concrete Panels At The Decoto Road Oakland Subdivision Railroad Crossing As Part Of The At-Grade Pedestrian Crossing At BART Project, City Project No. 14- 14 A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6384-24

6. PUBLIC HEARINGS

4.1. Public Hearing On Chevron/Power Market Project Located At 31300 Alvarado-Niles Road (APN 463 -0104-006-00) And 1) Adoption Of A Resolution Adopting The Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program; 2) Adoption Of A Resolution Approving A General Plan Amendment To Update The General Plan Land Use Diagram To Re-Designate The Project Site From Regional Retail Commercial To Retail Commercial And Related Figures (AG-24-002); 3) Introduction Of An Ordinance Of The City Council Of The City Of Union City Council/RSA Agenda 19 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 3 of 6
City Council / Successor Agency
Special Meeting Minutes
City Approving A Zoning Map Amendment To Rezone The Project Site From Union Landing Commercial (CUL) To Community Commercial (CC) (A-24-002); And 4) Adoption Of A Resolution Approving Use Permit (UP24-005) And Site Development Review (SD-24-007) To Facilitate Demolition And The Rebuild Of The Service Station
Associate Planner Dean gave staff presentation and responded to questions from council members.

Mayor Dutra-Vernaci opened the Public Hearing at 5:16 PM. There being no speakers, Mayor Dutra-Vernaci closed the Public Hearing at 5:16 PM.

Motion: Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a resolution approving General Plan Amendment (AG-24-002), introduce an ordinance approving Zoning Map Amendment (A-24- 002), and adopt a resolution approving Use Permit (UP-24-005) and Site Development Review (SD-24-007).

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

Enactment Nos.:

Resolution No. 6385-24: Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; Resolution No. 6386-24: Approving the General Plan Amendment (AG-24-002); and
Resolution No. 6387-24: Approving the Use Permit (UP-24-005) and Site Development Review (SD-24-007)

4.2. Adopt Resolutions For Annexation Of Territory (“Annexation No. 8”) To City Of Union City Community Facilities District No. 2006-1: (1) Authorizing The Annexation Of Territory To Community Facilities District No. 2006-1 And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; (2) Calling A Special Election And Submitting To The Voters Of Annexation No. 8 (Turk Island) Of City Of Union City Community Facilities District No. 2006-1 (Public Services) Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 8 (Turk Island) To Finance Public Services, And The Establishment Of An Appropriations Limit; (3) Making Certain Findings, Certifying The Results Of An Election And Adding Property To Community Facilities District No. 2006-1 (Public Services), Annexation No. 8 (Turk Island); And (4) Introduce An Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including City Council/RSA Agenda 20 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 4 of 6
City Council / Successor Agency
Special Meeting Minutes
Certain Annexation Territory (Turk Island). The Property Proposed To Be Annexed Consists Of APNs 482 -0054-037-00 Through 482 -0054-071-00 That Is Proposed To Be Developed Into 33 Single-Family Units By Turk Island Ventures LLC
Mayor Dutra-Vernaci invited any property owners or registered voters within the annexation area to submit written protests. With none received, Economic Community Development Director Campbell provided the staff presentation.

Mayor Dutra-Vernaci opened the Public Hearing at 5:26 PM. Since no speakers were present, Mayor Dutra-Vernaci closed the Hearing at 5:27 PM.

Motion: Adopt a resolution authorizing the annexation of the territory and adopt a resolution calling for a special election.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None

Enactment Nos.:

Resolution No. 6388-24: Authorizing the annexation of the territory Resolution No. 6389-24: Calling for a special election
City Clerk Pham opened the ballots, announced the results, and certified that at least two-thirds of the property owners voted in favor of the special tax levy and appropriations limit.

Motion: Adopt a resolution certifying the results of the special election and introduce an ordinance of the City of Union City levying special tax within Annexation No. 8 (Turk Island) to Community Facilities District No. 2006-1 (Public Services).

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None

Enactment No.: Resolution No. 6390-24: Certifying the results of the special election
Ordinance Status: Introduced; to be adopted at the next regular meeting.

City Council/RSA Agenda 21 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 5 of 6
City Council / Successor Agency
Special Meeting Minutes

4.3. Public Hearing To Consider Adoption Of Resolutions For The Annexation Of Territory (“Annexation No. 9”) To City Of Union City Community Facilities District No. 2006-1: (1) Authorizing The Annexation Of Territory To Community Facilities District No. 2006-1 And Authorizing The Levy Of A Special Tax And Submitting The Levy Of Tax To The Qualified Electors; (2) Calling A Special Election And Submitting To The Voters Of Annexation No. 9 (Florence Street) Of City Of Union City Community Facilities District No. 2006-1 (Public Services) Propositions Regarding The Annual Levy Of Special Taxes Within Annexation No. 9 (Florence Street) To Finance Public Services, And The Establishment Of An Appropriations Limit; (3) Making Certain Findings, Certifying The Results Of An Election And Adding Property To Community Facilities District No. 2006-1 (Public Services), Annexation No. 9 (Florence Street); And (4) Introduce An Ordinance Of The City Council Of The City Of Union City Levying Special Tax Within City Of Union City Community Facilities District No. 2006-1 (Public Services), Including Certain Annexation Territory (Florence Street). The Property Proposed To Be Annexed Consists Of APNs 087-0034-004-00 Through 087-0034-009-00 That Are Proposed To Be Developed Into 6 Single-Family Units By Individual Owners
Mayor Dutra-Vernaci invited any property owners or registered voters within the annexation area to submit written protests. With none received, Economic Community Development Director Campbell provided the staff presentation.

Mayor Dutra-Vernaci opened the Public Hearing at 5:36 PM. There being no speakers, Mayor Dutra-Vernaci closed the Public Hearing at 5:36 PM.

Motion: Adopt a resolution authorizing the annexation of the territory and adopt a resolution calling for a special election.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None

Enactment Nos.:

Resolution No. 6391-24: Authorizing the annexation of the territory Resolution No. 6392-24: Calling for a special election
City Clerk Pham opened the ballots, announced the results, and certified that at least two-thirds of the property owners voted in favor of the special tax levy and appropriations limit.

City Council/RSA Agenda 22 Tuesday, November 26, 2024
November 19, 2024 | 5:00 PM Page 6 of 6
City Council / Successor Agency
Special Meeting Minutes
Motion: Adopt a resolution certifying the results of the special election and introduce an ordinance of the City of Union City levying special tax within Annexation No. 9 (Florence Street) to Community Facilities District No. 2006-1 (Public Services).

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None

Enactment No.: Resolution No. 6393-24: Certifying the results of the special election
Ordinance Status: Introduced; to be adopted at the next regular meeting.

10. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 5:42 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 23 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION RATIFYING PRIOR SERVICES RENDERED BY TOWNSEND PUBLIC AFFAIRS, INC., IN THE AMOUNT OF $16,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC., IN AN AMOUNT NOT-TO-EXCEED $96,000, FOR LEGISLATIVE ADVOCACY AND GRANT

FUNDING RESEARCH SERVICES

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution ratifying prior services rendered by Townsend Public Affairs, Inc., in the amount of $16,000, and authorizing the city manager to execute an agreement with Townsend Public Affairs, Inc., in an amount not-to-exceed $96,000, for legislative advocacy and grant funding research services.

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

However, an agreement for legislative advocacy and grant funding research services is with the intent of advancing the goals and priorities identified in the Strategic Plan.

BACKGROUND
State and federal legislation has the potential to have direct and significant impacts to a city’s fiscal, operational, and environmental stability. On September 12, 2023, City Council authorized the City to enter into a Consulting Services Agreement with Townsend Public Affairs, Inc. (TPA) for legislative advocacy and grant funding research services via Resolution No. 6200-23. In part, the goal of which is for active legislative engagement to protect and promote the interests of Union City’s constituents.

City Council/RSA Agenda 24 Tuesday, November 26, 2024
As part of the scope of services, City Council also adopted a 2024 Legislative Platform on February 13, 2024 via Resolution No. 6256-24 that represents Union City’s priorities in both Sacramento and Washington, DC. The legislative platform has allowed City staff in coordination with TPA to proactively address legislation that may impact the City’s ability to operate effectively.

DISCUSSION
In the original agreement with TPA, the established term was from October 1, 2023 to September 30, 2024. Both parties had inadvertently continued work even though the agreement expired on September 30, 2024. Under Section 8 of the agreement, prior written notice of termination or extension would be required. Nonetheless, TPA has continued to satisfactorily provide its services under the terms and conditions of the expired agreement, and the City has compensated TPA for its services in the additional amount of $8,000 per month, totaling $16,000 overall, for the month of October and November 2024.

As such, the City is seeking to ratify prior services rendered under the expired agreement and is recommending that a new consulting service agreement entered into with TPA, in an amount not-to-exceed $96,000, for a term of October 1, 2024 to September 30, 2025, to continue legislative advocacy and grant funding research services for a second year.

Thus far, TPA has been instrumental in assisting the City with strengthening its legislative advocacy and grant funding research efforts. An additional year for services with TPA would allow for an effective and sustained engagement in the state and federal legislative processes. This longevity is valuable as the legislative advocacy consultant becomes intimately familiar with the City's needs and priorities in order to effectively represent the City’s interests. TPA has agreed to continue its services under the terms and conditions of the original agreement, including the flat fee retainer amount of $8,000 per month, for a total of $96,000 per year.

FISCAL IMPACT
There is no fiscal impact to the General Fund for City Council to take the recommended action. Legislative advocacy and grant funding research services have been budgeted and approved in the FY 2023-2024 and FY 2024-2025 Adopted Biennial Budget, under Account No. 1110-1101-11001-54110, City Council Professional/Consulting Services. The not-to-exceed total agreement cost of $96,000 includes the $16,000 ($8,000 per month fee) incurred for the months of October and November 2024.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution ratifying prior services rendered by Townsend Public Affairs, Inc., in the amount of $16,000, and authorizing the city manager to execute an agreement with Townsend Public Affairs, Inc., in an amount not-to-exceed $96,000, for legislative advocacy and grant funding research services.

Prepared by:

Jennifer Phan, Deputy City Manager
City Council/RSA Agenda 25 Tuesday, November 26, 2024
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - Consulting Services Agreement Attachment City Council/RSA Agenda 26 Tuesday, November 26, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY RATIFYING PRIOR SERVICES RENDERED
BY TOWNSEND PUBLIC AFFAIRS, INC., IN THE AMOUNT
OF $16,000, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH TOWNSEND PUBLIC
AFFAIRS, INC., IN AN AMOUNT NOT-TO-EXCEED
$96,000, FOR LEGISLATIVE ADVOCACY AND GRANT

FUNDING RESEARCH SERVICES
WHEREAS, the City Council of the City of Union City had expressed a desire to increase its legislative engagement efforts to protect and promote the interests of Union City's constituents; and
WHEREAS, the City Council had included funding in the FY 2023-2024 and FY 2024-2024 Biennial Operating Budget for legislative advocacy and grant funding research services, in Account No. 1110-1101-11001-54110; and
WHEREAS, on September 12, 2023, the City Council adopted Resolution No. 6200-23, authorizing the City to enter into a Consulting Services Agreement with Townsend Public Affairs, Inc. (TPA) for legislative advocacy and grant funding research services; and
WHEREAS, the agreement with TPA expired on September 30, 2024 and both parties had inadvertently continued work although the agreement had lapsed, without any written notice of termination or extension as would be required under Section 8 of the agreement; and
WHEREAS, TPA continued to satisfactorily provide its services under the terms and conditions of the expired agreement; and
WHEREAS, the City compensated TPA for its services in the additional amount of $8,000 per month, totaling $16,000 overall, for the month of October and November 2024; and
WHEREAS, the City and TPA agree to ratify prior services rendered under the expired agreement; and
WHEREAS, a new consulting service agreement with TPA, in an amount not-toexceed $96,000, for a term of October 1, 2024 to September 30, 2025, is provided to continue legislative advocacy and grant writing services for a second year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby authorize the City Manager to execute an agreement with Townsend Public Affairs, Inc., in an amount not-to-exceed $96,000, for legislative advocacy and grant writing services.

City Council/RSA Agenda 27 Tuesday, November 26, 2024
Resolution No. XXXX-24
Townsend Public Affairs – Agreement

BE IT FURTHER RESOLVED that the City Council acknowledges the ratification of prior services rendered, in the amount of $16,000 from Townsend Public Affairs, Inc., for legislative advocacy and grant writing services in the months of October and November 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 28 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 1 of 13

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND
TOWNSEND PUBLIC AFFAIRS, INC.

FOR LEGISLATIVE ADVOCACY AND GRANT FUNDING RESEARCH SERVICES This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Townsend Public Affairs, Inc., a corporation, with offices located at 925 L Street, Suite 1404, Sacramento, CA 95814 (“Consultant”), (together referred to as the “Parties”) as of October 1, 2024 (the “Effective Date”).

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 (Professional Services Agreement) attached as Exhibit A 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 on September 30, 2025 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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed eight thousand dollars ($8,000) per month, or a total amount not to exceed ninety-six thousand dollars ($96,000) for the year, 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 City Council/RSA Agenda 29 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 2 of 13 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.; • Project name & number if applicable;
Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• 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;
• 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.

City Council/RSA Agenda 30 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 3 of 13

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 Rate/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 cost proposal 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, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are 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.

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 City Council/RSA Agenda 31 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 4 of 13 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 for 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 to the City that such insurance is in effect. 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 TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,000 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.

B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
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.

City Council/RSA Agenda 32 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 5 of 13 C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
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.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$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.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage 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.

City Council/RSA Agenda 33 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 6 of 13 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. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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.
iii. 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 of no 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 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 of losses 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).

City Council/RSA Agenda 34 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 7 of 13 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:
• 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.

Section 5. 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 of litigation) (collectively, “Liability”) of every nature arising out of or 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.

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.

City Council/RSA Agenda 35 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 8 of 13 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 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 City Council/RSA Agenda 36 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 9 of 13 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 1.1. 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.

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.

City Council/RSA Agenda 37 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 10 of 13

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.

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 City Council/RSA Agenda 38 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 11 of 13 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 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.

10.3 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.

10.4 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.

10.5 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.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-cosumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 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 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.

10.8 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.

City Council/RSA Agenda 39 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 12 of 13

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his/her designee, identified as Jennifer Phan, Deputy City Manager ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

10.10 Notices. Any written notice to Consultant shall be sent to:

Christopher Townsend
President
Townsend Public Affairs
1401 Dove Street, Suite 330
Newport Beach, CA 92660
All other written notices to City shall be sent to:

Joan M. Malloy
City Manager
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
with a copy to
Kristopher J. Kokotaylo
City Attorney
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587

10.11 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. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services and Cost Proposal

10.13 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.

SIGNATURES ON THE FOLLOWING PAGE
City Council/RSA Agenda 40 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs, Inc. Page 13 of 13 The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY TOWNSEND PUBLIC AFFAIRS
_________________________________ _______________________________________

JOAN MALLOY, CITY MANAGER CHRISTOPHER TOWNSEND, PRESIDENT ATTEST:
_________________________________

THAI NAM PHAM, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
3695229.2
Version 3.2.21
City Council/RSA Agenda 41 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Townsend Public Affairs Inc.

EXHIBIT A

SCOPE OF SERVICES & COST PROPOSAL
.

City Council/RSA Agenda 42 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

LEGISLATIVE ADVOCACY SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda. o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
▪ Schedule meetings for the City to discuss relevant legislation ▪ Prepare all briefing materials and talking points for the City ▪ Brief legislative offices and stakeholders on the City’s legislative agenda ▪ Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to City Council/RSA Agenda 43 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

SCOPE OF SERVICES
develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

City Council/RSA Agenda 44 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

GRANT FUNDING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the City:
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Community Outreach: TPA can assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, help develop materials that capture all elements required by the grant and compile the data following the outreach to include in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
▪ Application timeline
▪ Eligible project types
▪ Funding availability and award maximum and minimums
▪ List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costCity Council/RSA Agenda 45 Tuesday, November 26, 2024 Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

SCOPE OF SERVICES
benefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed and where possible, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

City Council/RSA Agenda 46 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

SCOPE OF SERVICES
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA can provide electronic reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.

City Council/RSA Agenda 47 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City Page 35

FEE SCHEDULE

DESCRIPTION OF SERVICES / FEE DESCRIPTION OF SERVICES / FEE DESCRIPTION OF SERVICES / FEE DESCRIPTION OF SERVICES / FEE State Legislative Advocacy Services
$6,500 Per Month
Federal Legislative Advocacy Services
$5,000 Per Month
Grant Funding Services
$5,000 Per Month
Bundled State and Federal Advocacy
and Grant Services for the City
$8,000 Per Month
• Conduct Detailed Orientation • Conduct Detailed Orientation • Conduct Detailed Orientation • Conduct Detailed Orientation • Develop Legislative Strategy • Develop Legislative Strategy • Craft Strategic Funding Plan • Develop Legislative Strategy • Implement the Legislative
Strategy
• Implement the Legislative
Strategy
• Identify, Research, and
Monitor Grant Funding
Opportunities
• Implement the Legislative
Strategy
• Build and Strengthen Relevant
Relationships
• Build and Strengthen Relevant
Relationships
• Grant Application
Development and Submittal
• Build and Strengthen Relevant
Relationships
• Leverage Relationships for
Strategic Advocacy Plan
• Leverage Relationships for
Strategic Advocacy Plan
• Establishment of Clear
Accountabilities
• Leverage Relationships for
Strategic Advocacy Plan
• Coordinate Advocacy Trips • Coordinate Advocacy Trips • Provide Overview of Full Applications Requirements • Coordinate Advocacy Trips
• Track Legislation • Track Legislation • Assemble Project Background and Details • Track Legislation
• Craft Testimony and Position
Letters
• Craft Testimony and Position
Letters
• Coordinate Technical Project
Details
• Craft Testimony and Position
Letters
• Draft Bill Language • Draft Bill Language • Draft Written Proposal • Draft Bill Language • State Budget Funding
Opportunities • Federal Earmark Opportunities • Incorporate Feedback to Finalize Proposal • State Budget Funding
Opportunities
• Provide Progress Reports • Provide Progress Reports • Submit Completed Application • Federal Earmark Opportunities • Prepare and File Lobbying
Disclosure Reports
• Prepare and File Lobbying
Disclosure Reports • Funding Advocacy • Provide Progress Reports • Post-Grant Submittal
Advocacy
• Prepare and File Lobbying
Disclosure Reports
• Post-Award Grant
Administration and
Compliance
• Craft Strategic Funding Plan
• Comprehensive Follow-Up on
Unsuccessful Applications
• Identify, Research, and Monitor
Grant Funding Opportunities
• Provide Monthly Progress
Reports
• Grant Application Development
and Submittal
City Council/RSA Agenda 48 Tuesday, November 26, 2024
Proposal for Legislative Advocacy and Grant Funding Services | City of Union City

FEE SCHEDULE
• Establishment of Clear
Accountabilities
• Provide Overview of Full
Applications Requirements
• Assemble Project Background
and Details
• Coordinate Technical Project
Details
• Draft Written Proposal
• Incorporate Feedback to
Finalize Proposal
• Submit Completed Application
• Funding Advocacy
• Post-Grant Submittal Advocacy
• Post-Award Grant
Administration and Compliance
where possible and as needed
• Comprehensive Follow-Up on
Unsuccessful Applications
*The monthly fee includes all reasonable business and travel expenses City Council/RSA Agenda 49 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOWELL CONSULTING, IN AN AMOUNT NOT-TO-EXCEED $99,700,

FOR CONSULTING SERVICES TO UPDATE THE COMPREHENSIVE EMERGENCY

MANAGEMENT PLAN (CEMP) FOR THE CITY OF UNION CITY AND THE CITY OF NEWARK

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Howell Consulting for consulting services to update the Comprehensive Emergency Management Plan (CEMP) for the City of Union City and the City of Newark.

STRATEGIC PLAN ALIGNMENT
This report is in alignment with the following City Council Priority:

Goal C: Economic, Community Development, and Public Safety Strategy 12: Provide training for emergency preparedness, conduct disaster response drills, ensure all employees fully understand their responsibilities in an emergency, and assess the City’s emergency operation center for adequacy.

BACKGROUND
In 2013 and 2014, respectively, the City of Newark and the City of Union City updated and adopted their current Comprehensive Emergency Management Plan (CEMP) which is comprised of the City Emergency Operation Plan (EOP), Standard Operation Plan (SOP), Continuity of Operation Plan (COOP), and stand-alone Annexes that provide specific guidance on how each City is to respond to specific emergencies. The CEMP establishes an City Council/RSA Agenda 50 Tuesday, November 26, 2024
understanding of authority, responsibilities, and functions within City government for incident management. The CEMP, including its supporting documents, provides for an all-hazards approach to incident management, including response, recovery, mitigation, preparedness, and continuity activities In best practice, FEMA and CalOES recommend jurisdictions update their plans every five (5) years. Each city is looking to update their plans to ensure their plans are current and to incorporate the emergency management response for each organization.

DISCUSSION
The CEMP is a document that outlines policies and procedures when responding to major disasters that could affect the health, safety and property of the public in the City of Union City and City of Newark. The CEMP plays a key role in guiding each city's response during various types of emergencies. It will be compliant with the FEMA’s National Incident Management System (NIMS) and California’s Standardized Emergency Management System (SEMS), and the National Response Framework.

Specifically, the CEMP provides an overview of how the cities will prepare for, respond to, and recover from emergencies that may occur in each city. Aside from the Emergency Operation Plan (EOP), Standard Operation Plan (SOP), Continuity of Operation (COOP), and Annexes that describe response to the different hazards each city faces, the CEMP may also include but is not limited to addressing:

Hazard Mitigation Planning
People with Access and Functional Needs
Evacuation
Warning and Communications
Mass Care and Shelter
Recovery Concept of Operations
Volunteer Coordination
Updating and maintaining the CEMP is crucial for the cities to protect lives, build capability, and create resilient communities. This project will undertake a thorough and comprehensive effort to update each city’s plans to bring the plans up to current operations, staffing, and best practices that were not included in 2013 and 2014.

A Request For Proposals (RFP) for an update to the CEMP for the City of Union City and City of Newark was issued from September 24, 2024 through October 17, 2024. Seven (7) proposals were received by the RFP deadline. Howell Consulting was deemed to be the most qualified firm to be able to deliver a revised and updated CEMP for both cities, in part, having demonstrated relevant work experience with other jurisdictions in Northern California and the ability to execute a coordinated work plan. The projected is anticipated to be completed within nine months. The City of Union City will serve as the Project Manager/Lead Agency on the project.

FISCAL IMPACT
The fiscal impact for the agreement with Howell Consulting to update the CEMP for the City of Union City and the City of Newark will be in the total amount not-to-exceed $99,700. Although the City of Union City is serving as the Project Manager/Lead Agency, a reimbursement agreement will be entered into to equally share the cost between the City of Union City and the City of Newark. Each city's respective portion of the agreement will be $49,850.

Sufficient funds have been budgeted and approved in the FY 2024-2025 Adopted Budget (Account No.1110-1201- City Council/RSA Agenda 51 Tuesday, November 26, 2024
12040-54111) for the City of Union City.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement, in an amount not-to-exceed $99,700, with Howell Consulting for consulting services to update the Comprehensive Emergency Management Plan (CEMP) for the City of Union City and the City of Newark.

Prepared by:

Ricardo Martinez, Emergency Services Coordinator
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - Consulting Services Agreement Attachment City Council/RSA Agenda 52 Tuesday, November 26, 2024

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH HOWELL
CONSULTING, IN AN AMOUNT NOT-TO-EXCEED $99,700,

FOR CONSULTING SERVICES TO UPDATE THE

COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
(CEMP) FOR THE CITY OF UNION CITY AND THE CITY OF
NEWARK
WHEREAS, the City of Union City has long recognized its responsibilities to mitigate the effects of natural, man-made emergencies that result in conditions of disaster of extreme peril to life and resources of the city and generally to protect the health and safety and preserve the life and property of the people of the City of Union City; and WHEREAS, the purpose of Chapter 2.28 within the Union City Municipal Code, in 1972, established the City of Union City Disaster Council and the Office of Director of Emergency Services; and
WHEREAS, furthermore, the purpose of Chapter 2.28.010 is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected persons; and
WHEREAS, Chapter 2.28.080 provides that the Disaster Council shall be responsible for the development of the City Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization; and
WHEREAS, FEMA and CalOES recommend emergency plans be reviewed and updated every five (5) years and the City of Newark’s plan was last updated in 2013, and the City of Union City’s plan was last updated in 2014; and WHEREAS, the City of Union City is seeking to enter into an agreement with Howell Consulting, in an amount not-to-exceed $99,700, to update both the City of Union City’s and the City of Newark’s Comprehensive Emergency Management Plans (CEMP).

City Council/RSA Agenda 53 Tuesday, November 26, 2024
Resolution No. XXXX-24
Howell Consulting Agreement – CEMP Update

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby:

1. Authorize the City Manager to execute an agreement with Howell Consulting, in an amount not-to-exceed $99,700, to update both the City of Union City’s and the City of Newark’s CEMPs;

2. Recognize that the City of Union City will serve as the Project Manager/Lead Agency as it enters into said agreement to update the CEMPs for both the City of Union City and the City of Newark; and

3. Acknowledge that a reimbursement agreement will be entered into to equally share the cost between the City of Union City and the City of Newark.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of November 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 54 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 1 of 17

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND

HOWELL CONSULTING

FOR UPDATING THE COMPREHENSIVE EMERGENCY MANAGEMENT PLANS

FOR THE CITY OF UNION CITY AND CITY OF NEWARK
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Howell Consulting, with offices located at 14968 Retreats Trail Court, Rancho Murieta, CA. 95683, (“Consultant”), (together referred to as the “Parties”) as of November 26, 2024 (the “Effective Date”).

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 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 on August 31, 2025, 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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ($99,700), 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 B, 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 City Council/RSA Agenda 55 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 2 of 17 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.;  Project name & number if applicable;
 Per Item 1.1, Terms of Service expiration date;
 Purchase Order number to expedite payment;
 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;
 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.

City Council/RSA Agenda 56 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 3 of 17

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 Rate/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 cost proposal 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 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 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.

2.8 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.

2.9 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 City Council/RSA Agenda 57 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 4 of 17 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 for 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 to the City that such insurance is in effect. 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 TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$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.

B Commercial or Business
Automobile Liability
All owned vehicles hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
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.

C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
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
City Council/RSA Agenda 58 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 5 of 17 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.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$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.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage 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.

City Council/RSA Agenda 59 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 6 of 17 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. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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.
iii. 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 of no 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 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 of losses 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.

City Council/RSA Agenda 60 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 7 of 17

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:
 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.

Section 5. 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 of litigation) (collectively, “Liability”) of every nature (but excluding consequential damages) arising out of or in connection with the negligent, reckless, or willful misconduct of 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. In no event shall the Consultant be liable for any consequential or incidental damages resulting from the performance of the Services contained in this Agreement.

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.

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 except such Liability caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such indemnitee.

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 City Council/RSA Agenda 61 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 8 of 17 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 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 City Council/RSA Agenda 62 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 9 of 17 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 1.1. 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.

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;
City Council/RSA Agenda 63 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 10 of 17

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.

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 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.

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City of Union City and Howell Consulting Project No. XXXX Page 11 of 17

10.3 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.

10.4 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.

10.5 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.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 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 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.

10.8 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.

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Ricardo Martinez, Emergency Services Coordinator ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Ricardo Martinez
Emergency Services Coordinator
City of Union City
34009 Alvarado-Niles Road
City Council/RSA Agenda 65 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 12 of 17 Union City, CA 94587
[email protected]

10.10 Notices. Any written notice to Consultant shall be sent to:

Brenna Howell
Chief Executive Officer
Howell Consulting
14968 Retreats Trail Ct.

Rancho Murieta, CA. 95683
[email protected]
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.11 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. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 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 Scope of Services
Exhibit B Compensation Schedule

10.13 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.

SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 66 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 13 of 17 The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY Howell Consulting
______________________________ _____________________________ JOAN MALLOY, CITY MANAGER Brenna Howel, CEO
ATTEST:
______________________________
THAI NAM N. PHAM, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
City Council/RSA Agenda 67 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 14 of 17

EXHIBIT A

SCOPE OF SERVICES
Task 1 – Management and Coordination
During this phase the consultant will conduct general project tasks and activities to prepare the CEMPs and supporting documents for the plan update process. This will include the project kick-off meeting with the Project Manager, the development of the Work Plan (draft and final), and initial review of the existing CEMP as well as in person and virtual coordination meetings as needed by project coordination team with the cities and Project Manager.

Work Plan
Upon award of the contract, the Howell Consulting team will prepare a draft work plan and hold an initial meeting to go over the expectations and needs of both parties to gain consensus on the administrative requirements (i.e. reporting, invoicing) and technical aspects of the project (i.e. scope, timeline) with the Project Manager. The Project Work Plan will include a revised timeline, outline all tasks, and identify all annexes to be completed.

Phase 1 Deliverables
 Project Work Plan
 Initial meeting with Project Manager
 Initial meeting with each jurisdiction (as necessary)  Review of existing CEMP and supporting documents
Task 2 – Update/Develop the EOP, Annexes/Supporting
Documents
During this phase, the consultant will facilitate meetings and guide the Project Manager through the requirements and update process. The consultant will prepare for and facilitate planning meetings around validating existing situation/conditions and identifying needed updates to the newly developed CEMPs to the overall plan.

Options will be identified and discussed on the most effective method to provide updated materials and information. The components of the plan will contain the requested information from the RFP and plan contents such as the following:

Basic Plan Update

1. Promulgation Document/signature page Approval and Implementation

2. Record of Changes

3. Record of Distribution

4. Table of Contents

5. Purpose, Scope, Situations, and Assumptions

6. Situation Overview
City Council/RSA Agenda 68 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 15 of 17

7. Demographics, Geography

8. Hazard Analysis Summary

9. Capability Assessment

10.Mitigation Overview

11.Planning Assumptions

12.Concept of Operations

13.Organization and Assignment of Responsibilities

14.Direction, Control and Coordination

15.Information Collection and Dissemination

16.Communications

17.Administration, Finance and Logistics

18.Plan Development and Maintenance

19.Authorities and References

20.Annexes

21.COOP

22.Supporting Documents
Phase 2 Deliverables
 Base Plan with Emergency Operations Center, Recovery, Standard SEMS Position Checklists (SOPs) and Continuity of Operations Plan (COOP)  Review, validate, and update EOP Base Plan and supporting materials  Review, validate, and update list of existing annex/appendices and support documents
 Develop and make recommendations to both Cities new annexes  Meeting materials and appropriate planning documentation Task 3 – Finalize the Documents
During this phase, the consultant will continue to work to prepare, review, and revise the draft documents, all revised and newly developed annexes/appendices as determined by the Project Manager. As part of the process, we will work with both cities to explain the revisions to the documents. We will then finalize and make any updates as determined by the planning team.

An important part of the Overall Base EOP are the annexes such as the COOP and supporting documents. These annexes contain more detailed information to support the functional/hazard specific areas and outline the requirements as determined by the local government.

Phase 3 Deliverables
 Final Plans
 Final Annexes/COOP/SOPs
 Work with cities on final comments from their review
 Provide support during approval process
 Meeting materials and appropriate planning process documentation City Council/RSA Agenda 69 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 16 of 17 Project Timeline Dec Jan Feb Mar April May June July Aug Task 1
Management and
Coordination

X X X X X X X X X
Task 2
Update/Develop
EOPs, Annexes,
COOP, SOPs

X X X X X
Task 3
Finalize Documents X X X
City Council/RSA Agenda 70 Tuesday, November 26, 2024
Consulting Services Agreement between
City of Union City and Howell Consulting Project No. XXXX Page 17 of 17

EXHIBIT B

COMPENSATION SCHEDULE
City Council/RSA Agenda 71 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENT NO. 4 TO CONTRACT NO. 5774, THE

POST-RETIREMENT EMPLOYMENT AGREEMENT WITH RETIRED ANNUITANT LOLA TAPIA

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 4 to Contract No. 5774, the post-retirement employment agreement with retired annuitant Lola Tapia. This employment agreement, and its amendments, allowed the City to hire retired annuitant Lola Tapia on a limited and temporary basis to perform services that require specialized skills while the City completes the transfer of information to current staff and implements the new financial accounting software. This resolution approves an extension through December 31, 2025. The resolution also authorizes the hourly rate for Ms. Tapia to be changed commensurately with any future salary changes to the position of Senior Accountant that may be approved by resolution of the City Council.

STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan.

BACKGROUND
On July 15, 2021, Lola Tapia, Senior Accountant, retired from the City of Union City's workforce, thus becoming a CalPERS retired annuitant. Ms. Tapia possesses specialized skills needed to perform certain work that the City must carry out as information is transferred to current employees. Ms. Tapia also possesses knowledge that needs to be documented and transferred to other staff related to payroll processing and other specific, detailed accounting functions, as well for the implementation of the new financial accounting software.

The nature of Ms. Tapia's extension continues to be as an extra help retired annuitant. She will continue to assist current staff as needed to learn the complicated and detailed tasks associated with payroll processing and certain City Council/RSA Agenda 72 Tuesday, November 26, 2024
general ledger accounting work. Additionally, she will use her specialized skills to assist City staff in the conversion from the Tyler Eden system to the new Tyler Munis ERP. As a CalPERS extra help retired annuitant, she will perform work of limited duration (no more than 960 hours per fiscal year) including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited term special project relates to the elimination of backlog, the transfer and documentation of knowledge related to the City’s payroll and accounting functions, and the conversion to the new Tyler Munis ERP, for which Ms. Tapia is the only person qualified.

DISCUSSION
Retired Annuitant Lola Tapia has been assisting City staff for the past three years with several special projects such as the restoration of the City’s electronic timesheet function which was compromised as a result of the ransomware attack, payroll audits and other tasks. Now she is working with the two Senior Accountants to help train them and transfer her extensive knowledge in payroll and other accounting tasks to them, as well as helping the City prepare for and implement the new Tyler Munis ERP. City Council’s approval of the attached resolution will allow Ms. Tapia to continue to provide extra help to the City, as needed, through the end of calendar year 2025. Additionally, this resolution authorizes future salary changes to be implemented automatically, commensurate with any changes to the salary range for the position of Senior Accountant that may be made during the period of November 27, 2024 through December 31, 2025 by resolution of the City Council, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
Funding for this Amendment No. 4 to Contract No. 5774 was included in the FY 2024-2025 budget.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving Amendment No. 4 to Contract No. 5774, the Post-Retirement Employment Agreement with retired annuitant Lola Tapia.

Prepared by:

Jackie Acosta, Finance Director
Submitted by:

Jackie Acosta, Finance Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Amendment No. 4 to Contract No. 5774 Attachment
City Council/RSA Agenda 73 Tuesday, November 26, 2024

RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AMENDMENT NO. 4 TO
CONTRACT NO. 5774, THE POST-RETIREMENT

EMPLOYMENT AGREEMENT WITH RETIRED

ANNUITANT LOLA TAPIA
WHEREAS, Lola Tapia retired from the City of Union City in the position of Senior Accountant on July 15, 2021; and
WHEREAS, on August 10, 2021, the City Council adopted Resolution No. 5818- 21, appointing Lola Tapia as an extra help retired annuitant to perform the duties of the Extra Help Senior Accountant for the City of Union City under Government Code Section 21224, effective August 11, 2021; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774, to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and WHEREAS, the Parties agreed to Amendment No. 3 to Contract No. 5774 to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6219-23, on October 24, 2023, approving Amendment No. 3 to Contract No. 5774; and WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement; and
WHEREAS, the City desires to extend the term of said appointment through December 31, 2025, in order to allow Ms. Tapia to continue to assist with special projects, the conversion of the City’s financial accounting software to Tyler Munis, and the transfer of knowledge to the current Senior Accountants; and
WHEREAS, this Amendment No. 4 (Attachment No. 1) to Contract No. 5774, the Post-Retirement Employment Agreement between Lola Tapia and the City of Union City, has been reviewed by this body and is attached herein; and WHEREAS, the continued employment shall be limited to 960 hours per fiscal year for all CalPERS employers for which retired annuitant Lola Tapia may work; and City Council/RSA Agenda 74 Tuesday, November 26, 2024
Resolution No. XXXX-24
4 th Amendment to Post-Retirement Employment with Lola Tapia

WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal the hourly rate; and
WHEREAS, the minimum base salary for this position, or its equivalent, is $9,533 per month, and the hourly equivalent is $55.00, and the maximum base salary for this position, or its equivalent, is $11,585 per month, and the hourly equivalent is $66.84; and WHEREAS, the hourly rate paid to Lola Tapia will be $66.84, effective November 27, 2024; and
WHEREAS, Lola Tapia has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of November 27, 2024 through December 31, 2025, a commensurate change to the pay for retired annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby approves Amendment No. 4 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, extending the term through December 31, 2025.

City Council/RSA Agenda 75 Tuesday, November 26, 2024
Resolution No. XXXX-24
4 th Amendment to Post-Retirement Employment with Lola Tapia

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26
th day of November 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 76 Tuesday, November 26, 2024
AMENDMENT NO. 4 TO CONTRACT NO. 5774,

THE POST-RETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 4 to Contract No. 5774, the Post-Retirement Employment Agreement ("Amendment"), is entered into this 26th day of November 2024, by and between the City of Union City ("City") and Lola Tapia ("Lola Tapia" or "Annuitant"), collectively referred to as "Parties."

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No. l), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. l to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774 (Exhibit No. 3), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 3 to Contract No. 5774 (Exhibit No. 4), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6219-23, on October 24, 2023, approving Amendment No. 3 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of November 27, 2024 through December 31, 2025, a commensurate change to the pay for Annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position; and
WHEREAS, the Parties desire to enter into this Amendment No. 4 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

City Council/RSA Agenda 77 Tuesday, November 26, 2024
NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2025.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Sixty-Six Dollars and Eighty-Four Cents ($66.84) per hour, effective November 27, 2024. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

3. FUTURE COMPENSATION. If at any time between November 27, 2024, and December 31, 2025, the salary range for Senior Accountant is changed by resolution of the City Council, the pay for Annuitant Lola Tapia will be changed commensurately effective the same date as the effective date of such change in the salary range for the Senior Accountant position.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 4 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

Annuitant:

Dated: 11/19/2024
-----------
City Manager:

Dated: -----------
Attested:

Thai Nam N. Pham
City Clerk
Approved as to Form:

Kristopher J. Kokotaylo
City Attorney
�-..... ,.,, By: J)...o., t�itALola Tap� S1FSso23c1ee4AL Retired Annuitant
By: ___________ _
Joan Malloy
City Manager

City Council/RSA Agenda 78 Tuesday, November 26, 2024
Exhibit No. 1
City Council/RSA Agenda 79 Tuesday, November 26, 2024
City Council/RSA Agenda 80 Tuesday, November 26, 2024
City Council/RSA Agenda 81 Tuesday, November 26, 2024
City Council/RSA Agenda 82 Tuesday, November 26, 2024
C5774b
Exhibit No. 2
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 1 to Employment Agreement ("Amendment") is entered into this 9th day of August 2022, by and between the City of Union City ("City") and Lola Tapia ("Lola Tapia" or "Annuitant") collectively referred to as "Parties."

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into an Employment Agreement, C5774, for Ms. Tapia to serve as an extra help retired annuitant; and WHEREAS, the Parties desire to amend the Agreement to extend the term and increase the salary rate in accordance with the current PEG salary table; and WHEREAS, the Parties desire to enter into this Amendment No. 1 to the Employment Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2022.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Fifty-Seven Dollars and Twenty-Seven Cents ($57.27) per hour, effective August 8, 2022. Annuitant shall receive no other payment, benefit, or remuneration other than her hourly wage for her services.

There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life, disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Employment Agreement to be executed on the dates hereinafter respectively set forth.

City of Union City:
12/7/2022
DATED: _______ _
Annuitant:
12/7/2022
DATED: _______ _
1h DocuSigned by:

By: _L_�-�-e3_79�_7FA_ea_4C_9!_. ______ _

Joan Malloy
City Manager
City Council/RSA Agenda 83 Tuesday, November 26, 2024
Attested:

Anna M. Brown
City Clerk
Approved as to Form:

G,oo ....... ,
kvisforw wkbf �lb
d A33319068054E1
Kristopher J. Kokotaylo
City Attorney

City Council/RSA Agenda 84 Tuesday, November 26, 2024
C5774c
Exhibit No. 3
AMENDMENT NO. 2 TO CONTRACT NO. 5774, THE POSTRETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement ("Amendment") is entered into this 13th day of December 2022, by and between the City of Union City ("City") and Lola Tapia ("Lola Tapia" or "Annuitant"), collectively referred to as "Parties."

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No.I), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then�current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate in accordance with the new PEG salary table becoming effective on January 9, 2023; and
WHEREAS, the Parties desire to enter into this Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2023.

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Fifty-Eight Dollars and Ninety-Nine Cents ($58.99) per hour, effective January 9, 2023. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

City Council/RSA Agenda 85 Tuesday, November 26, 2024
City of Union City:

Dated: 1/11/2023 -----------
Annuitant:

Dated: 1/10/2023 -----------
Attested:

Approved as to Form:

DocuSlgned by:
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1 �1w1l711eKcl<otay lo
City Attorney
By:a:•�� rtMMmyc9 ..

City Manager
u:D
ocuSigned �y: By: ,b/,o., t�to.
brla1 FJ!apffll94A 1 ...

Retired Annuitant

City Council/RSA Agenda 86 Tuesday, November 26, 2024

AMENDMENT NO. 3 TO CONTRACT NO. 5774,

THE POST-RETIREMENT EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND LOLA TAPIA
This Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement (“Amendment”), is entered into this 24th day of October 2023, by and between the City of Union City (“City”) and Lola Tapia (“Lola Tapia” or “Annuitant”), collectively referred to as “Parties.”

RECITALS
WHEREAS, on August 10, 2021, the Parties entered into a Post-Retirement Employment Agreement, Contract No. 5774 (Exhibit No.1), for Ms. Tapia to serve as an extra help retired annuitant; and
WHEREAS, the Parties agreed to Amendment No. 1 to Contract No. 5774 (Exhibit No. 2), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 5989-22, on August 9, 2022, approving Amendment No. 1 to Contract No. 5774; and
WHEREAS, the Parties agreed to Amendment No. 2 to Contract No. 5774 (Exhibit No. 3), to extend the term of the Agreement and increase the salary rate in accordance with the then-current PEG salary table; and
WHEREAS, the City Council adopted Resolution No. 6057-22, on December 13, 2022, approving Amendment No. 2 to Contract No. 5774; and
WHEREAS, the Parties desire to amend the Agreement again to further extend the term of the Agreement and to increase the salary rate in accordance with the current PEG salary table; and
WHEREAS, the Parties agree that should the salary range for the position of Senior Accountant be changed during the period of October 30, 2023 through December 31, 2024, a commensurate change to the pay for Annuitant Lola Tapia will be made, without further Council action, so long as the pay remains within the publicly available salary schedule for the Senior Accountant position; and
WHEREAS, the Parties desire to enter into this Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia.

NOW, THEREFORE, the Parties hereby agree as follows:

1. TERM. The term of this Agreement is hereby extended through and until December 31, 2024.

Exhibit No. 4
City Council/RSA Agenda 87 Tuesday, November 26, 2024

2. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help retired annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of Sixty-Four Dollars and Eighty-Nine Cents ($64.89) per hour, effective October 30, 2023. Annuitant shall receive no other payment, benefit, or remuneration other than the hourly wage for her services. There shall be no deductions from her wages for health insurance (including medical, dental, vision care, life or disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.

3. FUTURE COMPENSATION. If at any time between October 30, 2023, and December 31, 2024, the salary range for Senior Accountant is changed by resolution of the City Council, the pay for Annuitant Lola Tapia will be changed commensurately effective the same date as the effective date of such change in the salary range for the Senior Accountant position.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to Contract No. 5774, the Post-Retirement Employment Agreement with Lola Tapia, to be executed on the dates hereinafter respectively set forth.

Annuitant:

Dated: _______________________ By: _____________________________ Lola Tapia
Retired Annuitant
City Manager:

Dated: _______________________ By: _____________________________ Joan Malloy
City Manager
Attested:
_____________________________
Anna M. Brown
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
Jennifer Phan
Acting City Clerk
DocuSign Envelope ID: 0DE4BA98-A867-48F0-A073-55EDB0EBAB63 11/7/2023
11/8/2023
City Council/RSA Agenda 88 Tuesday, November 26, 2024
Agenda Item
DATE: 11/26/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO AND

A HALF YEAR AGREEMENT WITH UNIVERSAL BUILDING SERVICES & SUPPLY COMPANY, IN AN AMOUNT NOT TO EXCEED $401,464 PER YEAR, FOR A TOTAL CONTRACT AMOUNT OF $1,003,660, AND AUTHORIZING THE CITY MANAGER, AT

THEIR SOLE DISCRETION, TO EXECUTE UP TO TWO ADDITIONAL ONE-YEAR EXTENSIONS FOR CUSTODIAL SERVICES, CITY PROJECT NO. 25-12

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a two and a half year agreement with Universal Building Services & Supply Company (“UBS”), in an amount not to exceed $401,464 per year, for a total contract amount of $1,003,660, and authorizing the City Manager, at their sole discretion, to execute up to two additional one-year extensions for custodial services, City Project No. 25-12. UBS was the lowest responsive and responsible bid.

STRATEGIC PLAN ALIGNMENT
This action aligns with Strategic Plan, Goal D: Strategy 10, Create and implement a plan to maintain and upgrade the City’s Buildings.

BACKGROUND
The City of Union City owns and/or maintains over twenty-three buildings, including City Hall, the Corporation Yard and park buildings, plus restroom facilities at eleven City parks. The employees of Public Works support the City’s mission of protecting the health, safety, and welfare of Union City residents, visitors and employees by properly maintaining each of these city facilities.

The current custodial contract expires on December 31, 2024, midway through the fiscal year. On August 20, 2024, City Council/RSA Agenda 89 Tuesday, November 26, 2024
specifications for the new contract were released and advertised for bid on the City’s website and to the various plan rooms (see Attachment 1). Staff held two facility walkthroughs, on September 10 and September 12, requiring potential bidders to attend at least one in order to be eligible to submit a proposal. On September 26, 2024, five proposals were received and publicly opened by the City Clerk (see Exhibit A).

UBS was the lowest bidder that submitted a responsive and responsible bid proposal.

DISCUSSION
Since the adoption of Resolution No. 5766-21 on June 8, 2021, authorizing the original contract, C5738, including the option of up to two annual extensions, UBS has been the provider of custodial services to the City. Staff has been satisfied with the performance of UBS and, after the initial contract period, the City chose to exercise both of the annual options to extend the contract for one year with a first amendment in 2022, C5738b, and a second amendment in 2023, C5738c. The second contract extension was due to expire on July 1, 2024, but on June 25, 2024, the City Council adopted Resolution No. 6316-24, authorizing a third amendment, C5738d, extending the agreement to December 31, 2024. While this third amendment was not part of the original agreement, staff required additional time to ensure that the Request For Proposal for the new custodial contract included explicit language regarding the internal collection of compost and recycling materials as mandated by California’s Senate Bill 1383.

The proposed agreement is for two and a half years, beginning on January 1, 2025, and ending on June 30, 2027, at a cost not to exceed $401,464 per year, for a total contract amount of $1,003,660, with the option for the City to extend the agreement for two additional one-year terms at an annual cost of no more than $401,464 per year, subject to cost adjustments determined annually by the "Consumer Price Index for All Urban Consumers (CPI-U)," Bay Area City Average, for the prior year as published by the U.S. Department of Labor, Bureau of Labor Statistics (see Attachment 2).

FISCAL IMPACT
Funding for custodial services is included in the FY 2024-2025 approved General Fund budget (Account Number 1110-35-30-320-3230-322003-54130) and funding for the additional years will be included in the next biennial budget.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a two and a half year agreement with Universal Building Services & Supply Company, in an amount not to exceed $401,464 per year, for a total contract amount of $1,003,660, and authorizing the City Manager, at their sole discretion, to execute up two additional one-year extensions at an annual cost of no more than $401,464 per year, subject to cost adjustments determined annually by the "Consumer Price Index for All Urban Consumers (CPI-U)," Bay Area City Average, for the prior year as published by the U.S. Department of Labor, Bureau of Labor Statistics, for custodial services, City Project No. 25-12.

Prepared by:

Bob Calderon, Public Works Superintendent
City Council/RSA Agenda 90 Tuesday, November 26, 2024
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 – Notice of Bid Attachment
Attachment 2 – ServiceAgreement Attachment
Draft Resolution Resolution
Exhibit A – Bid Results Exhibit
City Council/RSA Agenda 91 Tuesday, November 26, 2024

CITY OF UNION CITY

DEPARTMENT OF PUBLIC WORKS
CITY PROJECT NO. 25-12

NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the plans entitled: CUSTODIAL SERVICES PROJECT (“Project”), City Project No. 25-12, will be received at the office of the City Clerk of the City of Union City, City Government Building, 34009 Alvarado-Niles Road, Union City, California, until Thursday, September 26, 2024, 2:00PM PST, at which time they will be publicly opened and read in the Council Chambers of said building.

Bids are required for the entire work described herein. This contract is subject to the State contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990.

Bid Package & Bid Package Location. All of the project work is to be done in accordance with the bid package on file with the Public Works Department - City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587. Eligibility to bid on this project requires bid package to be electronically obtained from the City. Bid package may be obtained at no charge via email request to the City at [email protected]. Non-biddable plans and specifications shall be available to view on the City of Union City website at www.unioncity.org.

General Work Description: The City of Union City facilities include sixteen permanent buildings, four modular buildings, three fire stations, and eleven park restrooms. A total of two mandatory pre-bid walk-through meetings will be held for prospective bidders, for which attendance at a minimum of one is required to submit a bid proposal.

All questions should be emailed or fax to Bob Calderon of City of Union City, email:
[email protected] or fax to (510) 489-9468. The successful bidder shall furnish a bid bond, cashier’s check, or certified check made payable to the City of Union City in an amount not less than ten percent (10%) of the aggregate amount of the bid.

Successful bidders shall supply fidelity insurance coverage. See General Specifications regarding “Insurance” and Bonding.” All insurance will be required before the contract is awarded.

All bids shall be incompliance with Labor Code Section 1060 – 1065.

City Council/RSA Agenda 92 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

CUSTODIAL SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND

UNIVERSAL BUILDING SERVICES
CITY PROJECT NO. 25-12
This Agreement for custodial services is made by and between the City of Union City, a municipal corporation, (“City”) and Universal Building Services & Supply Company, a corporation, with offices located at 3120 Pierce St. Richmond, California 94804, “Contractor”, as of January 1, 2025 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work (Professional Services Agreement) attached as Exhibit A 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 on 06/31/2027 and Contractor 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 Contractor 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. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor 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, Contractor 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. Contractor 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 Contractor’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed Four Hundred One Thousand Four Hundred Sixty-Four Dollars ($401,464) notwithstanding any contrary indications that may be contained in Contractor’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall submit all Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 93 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor 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. Contractor 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.; • Project name & number if applicable;
Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• 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;
• The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; • The Contractor’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 Contractor.

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.

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Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor 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 Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation cost proposal 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 B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are 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 Contractor. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Contractor 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 Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Contractor 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.

2.10. Business License. The Contractor is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Contractor 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, Contractor 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 Contractor 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 Contractor’s use while consulting with City employees and reviewing records Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 95 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

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, Contractor, 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 Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor 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 for the City. Contractor 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 Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,000 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.

B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
$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
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Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

transportation or hauling
related activities
endorsement shall be attached
limiting the coverage.

C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Contractor 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.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$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.
c. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage 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 Contractor’s insurance and shall not contribute with it.

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Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

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, Contractor 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 Contractor to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Contractor 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. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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.
iii. 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, Contractor 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 of no 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 Contractor’s insurance by City shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. b. Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any 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 Contractor shall provide a financial guarantee satisfactory Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 98 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

to the City guaranteeing payment of losses 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. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor 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 contractor, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Contractor 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 Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

Contractor 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 of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’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 Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor 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 Contractor 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 Contractor 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 Contractor accepts or rejects the tender of defense, whichever occurs first.

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Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

With respect to third party claims against the Contractor, the Contractor 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 contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor'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 Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor 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. Contractor 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, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 100 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Contractor 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 Contractor under this Agreement. Contractor 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 Contractor thereby.

Contractor 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 Contractor. Contractor 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, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor 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 Contractor or prepared by or for Contractor 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 1.1. 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 Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’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 Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 101 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor 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.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor 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 Contractor pursuant to this Agreement;

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’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 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor 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 Contractor 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 Contractor’s Books and Records. Contractor 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 Contractor to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor 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 Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 102 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

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.

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 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.

10.3 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.

10.4 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.

10.5 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.

10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-cosumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor 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. Contractor 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 Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement.

Contractor understands that, if this Agreement is made in violation of Government Code § 1090 et Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 103 Tuesday, November 26, 2024
Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor 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.

10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his/her designee, identified as Jason Castleberry, Human Resources Director ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Bob Calderon
Public Works Superintendent
City of Union City of Union City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]

10.10 Notices. Any written notice to Contractor shall be sent to:

Dario DeVincenzi
Operations Manager
3120 Pierce Street
Richmond, CA 94804
[email protected]
All other written notices to City shall be sent to:

Joan M. Malloy
City Manager
City of Union City
34009 Alvarado Nils Road
Union City, CA 94587
with a copy to
Kristopher J. Kokotaylo
City Attorney
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587

10.11 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.

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Custodial Services Agreement between
City of Union City and Universal Building Services & Supply Company

_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Cost Proposal

10.13 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 UNIVERSAL BUILDING SERVICES &
SUPPLY
_______________________________ ______________________________

JOAN MALLOY, CITY MANAGER OPERATIONS MANAGER
ATTEST:
________________________________
THAI NAM N. PHAM, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
3695229.2
Version 3.2.21
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Custodial Services Agreement between
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EXHIBIT A

SCOPE OF WORK
PART 1 - UBS STANDING OPERATING PROCEDURES
(PER PROPOSAL)
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Custodial Services Agreement between
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EXHIBIT A
PART 2 - GENERAL PROVISIONS
.

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City Project No. 25-12

CUSTODIAL SERVICES

CITY OF UNION CITY, CALIFORNIA

8.0 GENERAL PROVISIONS
The intent of the General Provisions and specifications are to describe a highly satisfactory level of custodial service. Special Provisions will enhance General Provisions when specified.

8.1 CONTRACT BONDS:

A Fidelity Bond is required for the contract. The "Fidelity Bond" shall be for $100,000 to cover the bidder's employees against loss due to dishonesty, disappearance, or destruction.

All employees working in City buildings will be required to be fingerprinted by the Union City Police Department.

8.2 EXAMINATION OF THE SITE:

The bidder shall examine carefully the site of the work contemplated, the proposal and the contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished, and as to the requirements of the proposal, plans, specifications and contracts.

The bidder represents that he or she is fully qualified to perform this examination and review.

If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall immediately advise the City in writing. Failure to advise the City in writing any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications.

8.3 CHANGES INITIATED BY THE AGENCY:

The City of Union City reserves the right to change the scope of this contract in order to align the contract price to the monies available or to changes in service levels required. The City shall have full authority and discretion to determine the decrease or increase in services required. This also includes the right to suspend custodial service at one or more facilities for a period to be determined by the City (e.g. Holiday Furlough [some buildings closed for business during Christmas and New Year weeks], building’s loss of power due to construction, project compliance, etc.). Billing shall reflect any adjustments in schedule, or, at the City’s discretion, a substitution in services can be requested (e.g. service on a different day or location to make up for the loss of service or other request of service deemed reasonable by the City) due to holiday or requested suspended service(s). The Contractor shall not be entitled to any additional compensation or adjustment in the unit prices because of the above-stated alteration of this project.

8.4 UNION CITY BUSINESS LICENSE GUIDELINES:

A business license shall be obtained as required by the Union City Municipal Code, Title 5 - Business License and Regulations.

8.5 WORK SCHEDULES:

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Custodial work is generally to be performed during "off hours" to minimize interference with normal building use. Special schedules may be required in the Special Provisions section of this specification. The custodial Contractor will provide twenty-four (24) hour emergency response service. Obtain meeting schedule from each facility location.

8.6 RESTRICTED PERSONNEL:

No visitors, guests, pets, or companions other than bonded personnel will be permitted inside any City facility any time the facility is not open to the public at large, nor may such persons enter the areas not open to the public at large at any time.

8.7 “NO SMOKING” POLICY:

The City of Union City has established a “No Smoking” policy stating that smoking shall not be permitted inside any City building or facility. Janitors and supervisors must comply with this policy.

8.8 CONTRACT SUPERVISION:

A Company Supervisor will inspect the contract work at least once per week and determine if quality of standards are being met. This supervisor is to be designated by the Contractor to work closely with City representatives. The company supervisor is to inspect the work not less than once a week at a designated time and communicate with each City’s facility manager not less than every two weeks. All supervisory personnel shall have the ability to communicate effectively in the English language.

8.9 STAFFING:

Contractor shall guarantee that all employees shall be satisfactory to facility management.

Contractor shall immediately remove any custodian from the staff upon facility management request.

8.10 CONFERENCE PRIOR TO START OF WORK:

After the contract is awarded, the Custodial Contractor, or his designated representative and his employees who will be doing the custodial work, shall attend the Conference for the purpose of reviewing the specifications.

8.11 MEDIATION:

Should any dispute arise out of this Agreement, any party may request a meeting between the parties to resolve the dispute. Only in the event the dispute is not resolved as a result of such a meeting, or the opposing party refuses to attend such a meeting, any party may request that it be submitted to mediation. The parties shall mediate the dispute within 30 days of such a request. The mediator shall be agreed to by the mediating parties: in the absence of an agreement, the parties shall each submit one name from the mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 116 Tuesday, November 26, 2024
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mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

8.12 ARBITRATION:

After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

8.13 NONDISCRIMINATION POLICY:

It is the policy of the City of Union City that all qualified persons are to be afforded equal opportunities of employment on any contract entered into with the City.

8.14 LOWEST RESPONSIBLE BIDDER:

In order to promote the policy declared above, the contract will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder.

The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the specifications therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary, the required State or other license.

In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product or materials provided by the bidder, and proposed supervision and organization of the work.

8.15 STANDARDS OF NONDISCRIMINATION:

A. The successful bidder and each Subcontractor shall undertake affirmative action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin.

B. In all advertisements for labor or other personnel or requests for employees of any nature, the successful bidder and each Subcontractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

8.16 QUALIFICATIONS OF EMPLOYEES:

The City of Union City may require dismissal from the custodial work and supervision, those employees which it deems incompetent, careless or otherwise objectionable to the public interest. The Contractor shall provide at the commencement of the contract a complete list of all employees assigned to perform the contract work, to include facility designation. All of the Contractor’s employees shall be required to wear a company uniform, identifying Contractor and employee, and shall carry proper visible identification on their person at all times. Contractor shall notify in writing within 24 hours the Facility Manager at each service location or his/her representative of all changes in contract Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 117 Tuesday, November 26, 2024
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City Project No. 25-12

personnel by submitting name and address of employee, to include name of facility assigned, and effective date of employment, termination, vacation, etc. When in the opinion of the City, an employee does not constitute a satisfactory security risk, his employment on the contract shall be denied.

The Union City Police Department shall run security checks of all personnel assigned to perform custodial work or supervision at any City facility. The following information must be provided to the UCPD:
a. Full name
b. Social Security Number
c. California Drivers License or ID number
d. Birth Date
e. Address
The records check shall include fingerprinting. The City shall pay for the security check and the Contractor shall arrange his/her employees for the test. No payment shall be processed until all the information from the employee is provided.

8.17 CERTIFICATE OF NONDISCRIMINATION:

Each bidder on any public works contract shall sign the certificate of nondiscrimination which is a part of the proposal form.

8.18 DISPLACED JANITOR OPPORTUNITY ACT:

The successful bidder shall be in compliance with California Labor Code Section 1060- 1065.

8.19 LIABILITY INSURANCE:

The Contractor shall provide and maintain:

A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

C. Workers Compensation in at least the minimum statutory limits.

D. General Provisions for all insurance. All insurance shall:

1. Include the City of Union City, its elected and appointed officers, employees, and volunteers as additional insured with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insured.

2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.

3. Be evidenced, prior to commencement of services, by properly executed policy Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 118 Tuesday, November 26, 2024
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endorsements in addition to a certificate of insurance. a. In addition to requiring that you provide an insurance certificate showing the levels and types of coverage required for your project or contract, the City of Union City also requires you to provide the City with a copy of the actual endorsements to the commercial general, automobile, and any excess liability insurance policies that show that the City of Union City, its boards, commissions, officers, agents, and employees have been names as additional insured by the insurers.

These endorsements are required because California Insurance Code 384 expressly provides that an insurance certificate is not proof of what the underlying insurance policy actually contains. If you look at an insurance certificate, you will notice that the certificate actually says the same thing.

Therefore, a certificate has minimal legal value and the City cannot be reasonably certain that it is covered under the policies shown on the certificate without endorsements.

An endorsement is a piece of paper that modifies the terms of the underlying policy and is issued by the insurance company itself, rather than a broker.

A copy of the sample endorsement for commercial general liability is on the following page for your reference.

4. No changes in insurance may be made without the written approval of the City Attorney's Office. The Contractor must provide the City with an updated Certificate of Insurance each year of the contract.

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City of Union City
City Project No. 25-12

SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY ______________________________________________________
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -- OWNERS, LESSEES

OR CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Name of person or organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.

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City of Union City
City Project No. 25-12

CITY OF UNION CITY

INSURANCE REQUIREMENTS
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.

COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit.

Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance (sample endorsement attached). and it shall name "The City of Union City, its elective and appointed officers, employees, and volunteers, as additional insured."
AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Bodily and Property Damage Combined, $1,000,000.00 aggregate. Such insurance shall include coverage for owned, hired, and non-owned automobiles. This insurance must be primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers.

Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its elective and appointed officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance.

NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation.

Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.”
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City Project No. 25-12

8.20 HOLD HARMLESS AND INDEMNITY PROVISION:

Contractor agrees (1) to hold harmless and indemnify City of Union City and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of Union City, its officers or employees, and (2) to defend City of Union City, its officers or employees there against; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of Union City or (b) the active negligence of City of Union City; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code.

8.21 ATTORNEY FEES:

Attorney fees shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

8.22 SUPPLIES and EQUIPMENT:

The Contractor shall furnish all necessary tools, equipment and supplies such as mops, vacuum cleaners, brooms, buffers, 20’ extension rods, ladders, extension ladders, and hoses; and shall supply all waxes and cleaners, disinfectants, paper and sanitary supplies, deodorant blocks and/or sprays, hand soaps, and clear waste receptacle liners (including BPI-certified compostable liners where needed). Deodorant sprays and batteries for air freshening units are required for Park Restrooms. The City may request a change of products to obtain a more satisfactory appearance, odor or other improvement.

Fire Stations receive semi-yearly services and janitorial supplies will be provided throughout the year for each Fire Station. The month before each quarter the Contractor will contact a Fire representative to obtain needed paper supplies for the following quarter and said supplies will be delivered to Fire Station No. 31, or another destination, as deemed appropriate.

Use of high-quality recycled paper products where available is required pursuant to California law (Senate Bill 1383). The following minimum post-consumer recycled content (PCRC) percentages apply: paper towels, napkins, and wipes – 40% PCRC; toilet paper – 45% PCRC; toilet seat covers – 20% PCRC; facial tissue (if needed) – 10% PCRC. In addition, janitorial paper products shall be unbleached or processed without chlorine or chlorine derivatives. Upon award of the contract and annually on the first Monday in February thereafter , the Contractor shall submit verification records of the minimum PCRC of janitorial paper products procured to the Contact Manager.

If requested by City, the Contractor shall supply to City the actual monthly cost of bathroom supplies for each facility. In this case, Contractor and City shall meet no more than two times annually to review such expenditures. Should the actual cost vary significantly from Contractor’s estimated monthly cost, the contract administrator shall negotiate to make equitable adjustments in such situations.

All products used by the Contractor shall meet all EPA, Cal OSHA, Green Seal GS-37 Performance Standards or approved equivalent, and City standards, specifically the Union City Injury and Illness Prevention Program. The City will not be held liable for Contractor’s Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 122 Tuesday, November 26, 2024
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failure to comply with these requirements. The Contractor will ensure all products/chemicals will have proper identifying labels with hazard warnings affixed to them as well as secondary containers (i.e. spray bottles). Any chemical used in the performance of the contract work shall have the appropriate Material Safety Data Sheet in a labeled safety binder in each area/closet, or designated area, in which they are stored.

Environmentally Preferable Purchasing Policy: (Council Resolution number 3674-08) In the performance of the services required herein, the Contractor should use environmentally preferable products, unless specified elsewhere. For the purposes of the contract, "environmentally preferable" shall be defined as those products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse/post-consumer content, operation, biodegradability, and pollution prevention through source reduction.

Bidders able to supply products containing recycled and environmentally preferable materials that meet performance requirements are encouraged to offer them in bids and proposals. Furthermore, the City of Union City is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable.

8.23 STORAGE:

All supplies and equipment shall be supplied and stored by the Contractor in a neat and orderly manner in secured janitorial closets and/or designated areas which are to be kept as clean as any other portion of the building. All cleaning agents shall be clearly labeled as per EPA, Cal OSHA, Green Seal GS-37 Performance Standards, and City standards, specifically the Union City Injury and Illness Prevention Program. Adequate supplies of paper products are to be maintained in storage rooms at all times.

8.24 PAYMENT:

On or about the first day of each calendar month the Contractor will submit to the Project Manager a verified application for payment and schedule of values supported by a statement showing all materials actually installed during the preceding month and the cost of labor actually expended in the performance of the Work and/or extra work.

8.24A COST ADJUSTMENT:

The annual fixed price may be adjusted each year after the first year to allow for wage fluctuations and changes in operating costs. This determination will be based on the results of an annual meeting between the City and the Contractor held no later than (30) days before the expiration of the Contract. During this annual meeting, the Contractor's performance will be reviewed. The meeting may also include a review of Contractor's cost of providing services to the City. The escalator, or reduction of the approved fixed price for the coming contract year shall not exceed the annual index of the "Consumer Price Index for All Urban Consumers (CPI-U)," Bay Area City Average, for the prior year as published by the U.S.

Department of Labor, Bureau of Labor Statistics.

8.25 COMMUNICATIONS:

A binder or other device will be maintained in a suitable place at each facility for the collection of pertinent information such as:
(A) A “Checklist” indicating the specific date and type of tasks per category (Exterior, Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 123 Tuesday, November 26, 2024
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Interior, Furnishing Care, Floor Care, Lunchrooms and Kitchens, Shower/Locker Room Care, Restrooms, Disposal of Segregated Recycle, Compost, and Landfill Materials, and Janitor’s Closets) to be performed at each facility location. (B) A yearly “Schedule” of all cleaning tasks that are not performed on a daily basis. The schedule shall identify the type of service and dates each service is to be performed in each facility for the preceding 12 months. The Schedule shall be updated as necessary, but at least once at the beginning of each contracted year. (C) Instructions from company representative to his/her employees. (D) Instructions from City representative(s) to company representative(s). (E) Names and phone numbers of key people, to include janitors’ names and facility assignment.
(F) Normal work hours of various workmen or crews at each facility. (G) Report of ‘NEEDS” of building occupants.

Billing shall be submitted in alphabetical order. All monthly invoices shall be submitted together on top of checklists for corresponding facilities, both in alphabetical order. All week-end invoices for the Recreation Centers shall be submitted together on top of checklists for corresponding Recreation Center, both in alphabetical order.

The Community and Recreation Services’ week-end calendar must be submitted with week-end billing and must accurately reflect the day(s) and hours services were performed.

Week-end services are arranged and supervised by Community and Recreation Services Department’s staff.

The level of communication, both in writing and in person, requires significant time on behalf of the Contractor. Various types of documents are required for contract compliance, and may consist of spreadsheets, forms, checklists, etc. Non-emergency written and/or verbal requests for information, proposals, responses, contractual requirements, etc., are to be considered time sensitive and the Contractor shall respond within 48-hours, unless otherwise agreed upon in writing.

8.26 SUPERVISION:

The Contractor shall arrange for daily on-site supervision of the employees performing the contract work. The Contractor or his supervisors shall be available at all times, when the contract work is in progress and during the day when the buildings are occupied by the City, to receive instructions from the Facility Manager or his/her representative at each service location. The Contractor’s supervisor shall be fully and adequately trained and have experience in cleaning supervision, sufficient in scope to meet the approval of the City Project Manager. Contractor’s supervisor will be required to perform daily inspections of all buildings serviced under the contract. The Contractor’s supervisory personnel shall be able to communicate clearly in the English language and with non-English speaking personnel who may be employed by the Contractor to perform the services described in the contract. Contractor’s employees shall not be accompanied in their work area by acquaintances, family members or any other person unless said person is an authorized employee of the Contractor.

The results of each inspection by the company supervisor will be recorded on a facility checklist prepared by the Contractor, signed and rated by the supervisor, and stating that the work was completed per the specifications and frequency at that specific facility. The checklist shall be completed for each facility or site, submitted monthly with the billing, and will become part of the contract file. Contractor’s monthly invoice will not be approved for payment until the overall performance of the Contractor is deemed satisfactory by the City Project Manager.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 124 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

8.27 INSPECTION OF PREMISES: The Contractor shall inform each employee that the employee shall be required to sign a “Facility Checklist” each day after his/her work is complete and record the time they started and finished their work for the day. This checklist will be located at each service location specified herein. This checklist shall also be signed by the supervisor at that location. The supervisor shall inspect and rate the level of service performed each day. The checklist shall be posted at all times and until submittal of monthly billing, and will become a part of the contract file.

8.28 CLEANING QUALITY REQUIREMENTS: Services performed under this contract shall be subject to inspection and approval of the Facility Manager or his/her representative at each service location. First quality cleaning and provision of restroom supplies will be required. Careless performance of the contract work will not be tolerated. Unsatisfactory work will be called to the attention of the Contractor, and he/she will be required to correct the work deficiencies within four (4) hours, and improve the overall work results to the satisfaction of the Facility Manager or his/her representative. Contractor shall respond to the work site within (1) hour should unsatisfactory work cause an emergency condition as determined by the City. Failure by the Contractor to comply with such requests will result in either the corrective work being performed by other means and the cost charged to the Contractor, deducted/withheld costs, or in termination of the contract. Notification of unsatisfactory work shall be deemed given as soon as City leaves telephone, email, or fax message notifying Contractor of deficient performance. Contractor shall provide telephone and fax numbers for this purpose, and shall provide a telephone number for emergency calls, and respond within 15 minutes with a phone call back.

8.29 SECURITY: All areas shall be locked and the lights turned off when cleaning in each unoccupied area has been completed. Some facilities may require the HVAC be turned off at the completion of cleaning. Security lights (as directed) shall be turned on prior to leaving the facility. Keys or other entry devices required by the Contractor will be furnished by the City to designated Contractor employee on a custody receipt and shall be returned to the City on demand. Any loss of keys or entry devices must be reported in writing to the City representative immediately. A charge of twenty-five dollars ($25.00) will be made for each lost key or device. Keys are to be made only by the City. Should a lost or stolen key jeopardize the security of the particular City facility, the Contractor shall be totally responsible for all costs incurred by the City in re-keying the lock system. Contractor is advised that this process could be quite costly.

Electronic security system (where installed) shall be properly disarmed and armed each time after-hours access is made. All exiting doors are to remain locked while the Contractor is in the space, except for designated doors to remain open for meetings. Do not block open occupant or exterior doors for any reason. Close and lock any exterior windows. Contractor will be charged for false alarms due to buildings left insecure or alarms accidently set off.

8.30 CLEANING SCHEDULES: The Contractor will be required to furnish to each facility manager or his/her representative, a yearly work schedule of all cleaning tasks that are not performed on a daily basis. The schedule shall identify the type of service to be performed and dates each service is to be performed in each building. This annual schedule will be updated as necessary by the Contractor and at least once at the beginning of each contracted year.

8.31 CLEANING HOURS: The Contractor will be required to be available to provide service at all hours, Monday through Sunday, to include holidays at the Police Station and Park Restrooms in accordance with the Special Provisions indicated for each facility, to include the Library (See the Alameda County service schedule for the Library). The Contractor Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 125 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

shall make him/herself aware of current meeting schedules, holidays, to include Alameda County Library holiday schedules, and other work routines within each facility and conduct work in such a manner as to cause no interference with the execution of City business during or after business hours.

8.32 RECYCLE MATERIALS: The Contractor will be required to empty all desk-side and centrally-located recycle receptacles into the appropriate recycle collection cart/bin.

Recycle collection carts/bins are located at different locations at each facility – some may be located in an interior storage area and will need to be set out by Contractor for collection by the City’s franchise hauler(s). Materials accepted in the City’s recycle collection program include cardboard (clean and flattened), paper, glass and metal containers (empty), plastic containers labeled #1-2 (empty). If the Contractor observes non-recyclable items (e.g., food) improperly placed in desk-side or centrally-located recycle receptacles, the Contractor shall note the improper sorting observation using the “Union City Recycles Corrective Action Notice Log.” The Contractor shall consolidate the “Union City Recycles Corrective Action Notice Log” for each facility and submit this to the Contract Manager on the last business day of every month.

8.33 COMPOST MATERIALS: The Contractor will be required to empty all centrally-located compost receptacles (including receptacles for paper towels) into the appropriate compost collection cart/bin. Compost collection carts/bins are located at different locations at each facility – some may be located in an interior storage area and will need to be set out by Contractor for collection by the City’s franchise hauler(s). Materials accepted in the City’s compost collection program include food scraps, food-soiled paper (e.g., napkins, pizza boxes, plates), and paper towels. If the Contractor observes non-compostable items (e.g., glass, plastic packaging) improperly placed in centrally-located compost receptacles, the Contractor shall note the improper sorting observation using the “Union City Recycles Corrective Action Notice Log.” The Contractor shall consolidate the “Union City Recycles Corrective Action Notice Log” for each facility and submit this to the Contract Manager on the last business day of every month.

8.34 LANDFILL MATERIALS: The Contractor will be required to empty all desk-side and centrally-located landfill receptacles into the appropriate landfill collection cart/bin.

Landfill collection carts/bins are located at different locations at each facility – some may be located in an interior storage area and will need to be set out by Contractor for collection by the City’s franchise hauler(s). Materials accepted in the City’s landfill collection program include flimsy plastic materials (e.g., snack packaging materials, plastic bags), non-compostable single-use utensils, and aseptic containers (e.g., juice pouches). If the Contractor observes recyclable and compostable items placed in desk-side or centrallylocated recycle receptacles, the Contractor shall note the improper sorting observation using the “Union City Recycles Corrective Action Notice Log.” The Contractor shall consolidate the “Union City Recycles Corrective Action Notice Log” for each facility and submit this to the Contract Manager on the last business day of every month.

8.33 WORK HOURS: The Contractor shall provide no less than the minimum number of estimated hours per 24-hour period as provided in the Contractor’s proposal. Any amount less than this minimum per building may be deducted from the Contractor’s billing. The amount of deduction will be calculated on an hour-for-hour basis, utilizing the Contractor’s hourly bid amount (total dollars divided by total hours). The City shall be the sole judge of any performance discrepancies.

8.34 PENALTIES: The City Project Manager and designated agents shall judge and determine any performance discrepancies and resulting penalties.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 126 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Failure to Perform Work: Upon findings of unsatisfactory work, the Contractor will receive one verbal or written notice to comply within a specified period of time. This grace period may vary between one week to one month based on the nature of the neglected or unsatisfactory work. An inspection may be conducted after the grace period is over.

Penalty: Failure to respond and resolve a Failure to Perform Work Item by the end of the grace period will result in a penalty equal to the estimated value of the work found to be neglected or unsatisfactory. This amount will be deducted or withheld from the monthly payment.

Repeated Failures to Perform Work Penalty: A flat rate penalty fee of $100.00 may be deducted from subsequent contract monthly billing for repeated failure to perform contract, neglect, or oversight, any of which occurs more than once over a three-month period. Flat rate fee will accrue for every day a work item is outstanding.

8.35 TERMINATION: The City reserves the right to terminate the contract for significant failure to perform or other material breach of contract. This would include, without being limited to: (a) omission of any daily task (as outlined in Section 8.36 Schedule of Work to be Performed) any successive days or 5 days a month of unsatisfactory performance over a 30-day period of time, (b) omission of any weekly task twice in succession or unsatisfactory performance over a 30-day period of time, (c) omission of any monthly task twice or unsatisfactory performance after being notified, (d) disregarding repeated requests from staff for corrections in performance of work, (e) violation of restricted personnel provisions in Section 8.6, and (f) lack of response to written or verbal requests from staff within appropriate timeline in Section 8.25.

8.36 SCHEDULE OF WORK TO BE PERFORMED
The following basic services shall be performed in all buildings unless otherwise specified.

All equipment and materials shall be used per manufacturer’s directions for each application.

See the Special Provisions listed under each building for additional specifications which are specific to each site and may include or vary from these basic services. (1) Restrooms (Clinical level of cleaning)
Daily:

Fill and clean all dispensers (e.g. soap, paper, sanitary).

Empty, clean and disinfect all waste receptacles, including paper towel (compost) and sanitary (landfill) receptacles, and insert new liners as needed.

Clean and disinfect all wash basins, counters, and fixtures with nonabrasive cleanser.

Clean all mirrors, chrome, stainless steel, and polish to a shine.

Wash and disinfect all urinals and toilets, removing stains and cleaning under rims and flush holes. Clean and disinfect toilet seats, fixtures and outside surfaces of urinals and toilets.

Dust and spot clean with detergent all partitions, walls, doors and other surfaces, to include graffiti removal.

Sweep and damp mop floor with disinfectant detergent solution.

Weekly:

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 127 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Pour deodorizer down floor drains.

Bi-Weekly:

Replace deodorant blocks in urinals.

Monthly:

Wash and disinfect walls, partitions, frames, and doors.

Annually:

Strip clean and machine wash all ceramic tile walls.
(2) Shower/locker rooms (Clinical level of cleaning)
Daily:

Fill and clean all dispensers.

Empty, clean and disinfect all waste receptacles, including paper towel (compost) and sanitary (landfill) receptacles, and insert new liners as needed.

Scrub and disinfect with anti-fungal cleanser, all shower areas and fixtures. All surfaces shall be free of soap scum, body oils, mineral deposits, stains, odors and hair.

Sweep and damp mop floors with disinfectant.

Dust and spot clean lockers and benches. Benches shall be left dry.

Dust and spot clean all doors, walls, partitions, mirrors and other surfaces.

Clean floor drains of hair, soap and all other materials.

Scrub entrances and walk ways with scrub brush and disinfectant cleanser.

Weekly:

Clean and disinfect exterior of all lockers.

Clean and disinfect all doors, walls, partitions, and benches. Leave benches completely dry. (3) Lunchrooms and Kitchens: (Clinical level of cleaning) Daily:

Fill and clean all dispensers.

Empty, clean and disinfect all recycle, compost, and landfill receptacles, and insert new liners.

Clean and disinfect all sinks, counters, and lunch tables Sweep and damp mop floor with disinfectant.

Dust and spot clean refrigerators, stoves/ovens, microwaves, toasters, coffee makers (all appliances), and water coolers.

Empty toasters of crumbs.

Clean interior and exterior of all appliances (except interior of toasters and coffee makers) (4) Entry/Exitways, Lobbies, Hall/Walkways, Traffic Areas, Stairs (Prestige Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 128 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

level of cleaning)
Daily:

Vacuum all carpets and under floor mats.

Spot clean carpet stains.

Dust and damp mop floors.

Landfill (garbage), recycle, and compost receptacles: Empty all receptacles and place segregated materials into the appropriate collection bin/cart located in the exterior waste enclosure or designated collection area. Clean and disinfect receptacles. Replace the landfill receptacle liners if soiled and replace the compost receptacle liners daily. The exterior and interior of receptacles shall be clean and free of stains and odors.

Clean drinking fountains.

Clean doors, door glass, frames and kick plates on both sides.

Sweep and damp mop stairways, and damp wipe handrails.

Dust and wipe clean with damp or treated cloth: partitions, walls, baseboards, counters, cabinets and all other horizontal surfaces. Remove fingerprints and smudges.

Weekly:

Dust and damp wipe furniture; vacuum all fabric furniture including all chairs and couches.

Monthly:

Dust and spot clean window blinds/shades/drapes (using extension devices).

Dust ceiling and remove cobwebs (using extension devices).

Quarterly:

Strip, seal and buff all resilient and hard surface floors.

Semi-annual:

Wash all windows and window sills, inside and out (using extension devices).

Clean air-conditioning vents, ceiling diffusers, ventilation grilles and piping. (5) Office Areas (Prestige level of cleaning)
Daily:

Landfill (garbage) and recycle receptacles: Empty all receptacles and place segregated materials into the appropriate collection bin/cart located in the exterior waste enclosure or designated collection area. Liners for landfill receptacles shall be replaced if soiled with damp or wet substances. Clean and disinfect receptacles as needed. The exterior and interior of receptacles shall be free of stains and odors.

Compost receptacles (if applicable): Empty all receptacles and place segregated materials into the appropriate compost collection bin/cart located in the exterior waste enclosure or designated collection area. Liners shall be replaced daily. Clean and disinfect receptacles as Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 129 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

needed. The exterior and interior of receptacles shall be free of stains and odors.

Vacuum traffic lane areas and offices and under floor mats.

Weekly:

Dust desks/shelves and all other horizontal surfaces, fixtures and equipment, high (using extension devices) and low areas, e.g. pictures, clocks, partition tops.

Monthly:

Using tank vacuum or backpack, vacuum corner edges and chairs.

Dust and spot clean (using extension devices) window blinds, shades, covers.

Raise chair mats, vacuum carpeted floor under mats and clean mats.

Dust HVAC louvers.

Annual:

Shampoo carpets and under floor mats and fabric covered chairs. (6) Meeting Rooms (Prestige level of cleaning)
Daily:

Vacuum carpets and under floor mats.

Spot clean carpets.

Dust floors.

Damp mop floors.

Landfill (garbage) and recycle receptacles: Empty all receptacles and place segregated materials into the appropriate collection bin/cart located in the exterior waste enclosure or designated collection area. Liners for landfill receptacles shall be replaced if soiled with damp or wet substances. Clean and disinfect receptacles as needed. The exterior and interior of receptacles shall be free of stains and odors.

Compost receptacles (if applicable): Empty all receptacles and place segregated materials into the appropriate compost collection bin/cart located in the exterior waste enclosure or designated collection area. Liners shall be replaced daily. Clean and disinfect receptacles as needed. The exterior and interior of receptacles shall be free of stains and odors.

Dust and wipe clean tables, counters, and chairs with damp or treated cloth.

Clean sinks.

Clean marker boards.

Weekly:

Vacuum chairs.

Clean entry doors and glass.

Monthly:

Dust high (using extension devices) and low areas.

Dust and spot clean (using extension devices) window blinds, shades, covers.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 130 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Annual:

Shampoo carpets and under floor mats and fabric covered chairs. (7) Janitor Closets (Basic level of cleaning)
Daily:

Clean janitor’s sink.

Straighten shelves, tools, and supplies.

Sweep floor.

Weekly:

Mop floor.

Monthly:

Scrub and bleach floor.

DEFINITIONS
The following definitions apply unless otherwise noted.

Daily: Shall mean once per 24-hour period on a scheduled day of service, which does not include alternate Fridays when some of the City facilities are closed to the public for service, and excluding holidays when service need not be performed, unless otherwise noted. If a holiday falls on a Saturday, it is observed on Friday. If a holiday falls on a Sunday, it is observed on Monday.

Exception to the definition are the Police Station, Sports Center, and Park Restrooms which require service daily, Monday through Sunday, including holidays.

The Library is also an exception to the City’s holiday schedule, and, therefore, the Alameda County Library holiday schedule will be adhered to when cleaning for purposes of this contract. Please contact the Librarian for scheduled meetings and holidays.

The following holidays are observed in the City (except the Library has its own schedule):

Holidays for Union City
New Year’s Day
Martin Luther King, Jr’s. Birthday
Lincoln’s Birthday
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 131 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Daily: Shall mean once per 24-hour period on a scheduled day of service.

Weekly: Shall mean one day per week.

Bi-Weekly: Shall mean two days per week.

Monthly: Shall mean once per calendar month.

Quarterly: Shall mean once every three calendar months.

Semi-annually: Shall mean once every six calendar months.

Annually: Shall mean once per calendar year.

Clinical service requires the removal of all dirt of any kind, including bacteria and viruses from all building surfaces.

Prestige service requires regularly scheduled cleaning of surfaces regardless of whether dirt is visible. Examples include daily cleaning of counters and regular vacuuming of carpeted areas.

Basic service entails the cleaning of visible dirt from surfaces.

Floor Coverings: Floor coverings vary in each building. They may include, but not be limited to, carpet, marble, vinyl, ceramic tile, concrete and wood floor coverings. The Contractor shall be responsible for performing the prescribed and appropriate cleaning method for each type of floor covering.

Carpeted Floors and Floor Mats: Vacuum carpets with an industrial grade vacuum. Vacuum the entire carpeted area, including under chairs, tables, floor mats and other easily moved items, and around furniture legs. Return moved items to their original position. Pick up staples and other hard to remove items by hand if necessary. Vacuum hard to reach areas such as behind desks and furniture. The carpet shall be free of visible dirt, litter, and soil.

Inspect carpet for spots and remove immediately. Remove spots (anything up to 6 inches) with an appropriate industrial grade spot removing solution using the manufacturer’s recommended techniques. Report any tears, burns or unraveling in writing to City representative.

Steam clean or wet extract all carpets annually with approved equipment and materials. Follow manufacturer’s recommendations for proper cleaning procedures. Provide a minimum of a 72-hour notice to City representative prior to performing this service at each location. City approval of work schedule must be received and confirmed before proceeding.

Mopping Floors: To properly mop a floor, mix hot water and an appropriate amount of floor cleaning solution. When water becomes dirty, dirty mop water shall be disposed in a toilet and a new mixture of water and solution shall be used to continue cleaning. No visual dirt or residue should be left behind after a surface has dried. During mopping, care should be exercised to not allow the mop come in contact with vertical wooden surfaces such as doors or wood trimmings along floors.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 132 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Day Porter: A day porter typically has the job of keeping areas clean, orderly, and responds to cleaning emergencies. The exact duties a day porter will depend on the needs and preferences of the City. The day porter may be required to drive to various facilities throughout the city to render services.

Initial Clean-up: An Initial Clean-up is intended to bring the cleanliness of certain facilities up to an acceptable standard level where some cleaning is needed. These special cleaning task items may or may not be normally serviced as part of the Special Provisions. The scope of this work will be presented at the walkthrough meeting. The Initial Clean-up is intended to be completed one time at the beginning of the contract.

Container: Container means landfill (garbage), recycle, and compost (organics) cans, buckets, receptacles, round barrels, rectangular “slim jims”, and multi-stream collection stations. A multistream collection station is a single unit made up of either two receptacles dedicated to recycle and landfill materials or three receptacles dedicated to recycle, compost, and landfill materials.

Cart: Cart means a plastic container with a hinged lid and wheels that is serviced by the City’s franchised hauler. A Cart has capacity of 20, 32, 64, or 96 gallons.

Bin (Dumpster): A container with capacity of approximately one to eight cubic yard(s), with a hinged lid, and with wheels, that is serviced by the City’s franchised haulers.

Waste Receptacles:

Landfill (Garbage): Empty and clean all landfill receptacles and replace plastic liner if soiled with wet materials. Damp wipe landfill receptacles when liquid or food residue is showing. Deliver emptied landfill materials to the proper landfill bin/cart located in the exterior waste enclosure, loading dock, or other designated collection area.

Recycle: Empty (and clean, if need) all recycle receptacles and keep the recyclable materials separate from collected landfill and compost material. Recyclable materials include but are not limited to mixed office paper, newspaper, cardboard; and glass, aluminum and plastic bottles and cans, etc. Deliver the segregated recyclable material to the proper recycle bin/cart located in the exterior waste enclosure, loading dock, or other designated collection area.

Compost (Organics): Empty and clean all compost receptacles and replace the liner daily. Damp wipe the compost receptacle when liquid or food residue is showing. Keep the compostable materials separate from collected landfill and recyclable materials. Compostable materials include, but are not limited to: food scraps, coffee ground, paper towels, and grease/foodsoiled paper materials such as pizza boxes. Deliver the segregated compostable materials to the proper compost bin/cart located in the exterior waste enclosure, loading dock, or other designated collection area.

Cardboard: Remove any cardboard boxes placed next to recycle receptacles. Break down, flatten and place all cardboard in the recycle bin/cart located in the exterior waste enclosure, loading dock, or other designated collection areas.

Set Out: Return emptied desk-side receptacles to original locations. Return centrally-located receptacles to collection areas as indicated in posted floor plans. At designated facilities, set out collection bins/carts for service by the City’s franchised haulers and return the collection bins/carts to the designated storage area after service.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 133 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Maintenance of receptacles: As needed, wipe and clean all receptacles to give a clean and satisfactory appearance. On a quarterly basis, or when needed, thoroughly wash, clean, and disinfect all compost receptacles.

Additional: Perform any and all other related and contingent miscellaneous janitorial cleaning duties, which may arise from time to time. Modify recycle, compost, and landfill (garbage) collection procedures as directed by the Contract Manager or facilities management.

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 134 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

CUSTODIAL SERVICES

CITY OF UNION CITY, CALIFORNIA

9. SPECIAL PROVISIONS
These Special Provisions enhance the General Provisions. The General Provisions are part of this section and the contract for this work, and apply to this section except as indicated in the specifications that follow. The Special Provisions shall enhance or govern in lieu of conflicting provisions of the General Provisions, but shall in no way nullify non-conflicting portions of the Standard Specifications. The highest standard Provisions shall prevail.

9.1 CENTRO DE SERVICIO/OFFICE, 33750 SIXTH STREET
GENERAL DESCRIPTION: This is an administration facility. This facility is staffed with 2 full-time and 3 part-time personnel. Total square footage is 932. Floor space to be maintained is approximately 523 square feet and is comprised of the following:

AREA SQUARE
FEET

TYPE COMMENTS
Entry/Exitways (1) N/A N/A 1 wooden door and 1 metal security door.

Windows (6) 55 Glass
Hall/Walkways (0) N/A N/A No primary route due to small space.

Lobby Area 175 Carpet 1 workstation, 2 bookcases, 5 chairs, 1 oval table and 1 circular table.

Executive Director’s
Office
108 Carpet 1 workstation, 4 bookcases, 1 file
cabinet and 3 chairs.

Out-Reach Office 74 Carpet 1 workstation, 2 chairs, 1 bookcase and 1 file cabinet.

Office/Kitchen 88 Linoleum 1 workstation, 2 chairs, 2 filing cabinets, 1 copier, 1 sink with upper and
lower cabinets, 1 stove/oven, 1
microwave and 1 coffee maker.

Unisex Restroom 78 Linoleum 1 sink, 1 toilet, 1 mirror and 1 storage cabinet.

Floor covering is approximately 357 square feet of carpet and 166 square feet of hard surface.

CLEANING HOURS: Cleaning is to be performed 2 days per week: Tuesday and Friday, between the hours of 6 P.M. and 6 A.M. The facility is to be serviced according to the following schedule and these Special Provisions enhance the General Specifications:

INTERIORS As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often if
needed

1. Walls/Partitions/Doors/Kick Plates
(A) Dust and spot clean A

2. Windows and Glass Panels
(A) Clean windows (inside and outside)
A
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 135 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

INTERIORS As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often if
needed

3. Sills (ledges and other flat surfaces within reach)
(A) Dust and spot clean
(B) Clean (with windows and panels)
A
B

4. Blinds/Shades/Drapes
(A) Dust and spot clean A

5. Light Fixtures
(A) Dust and spot clean
(B) Clean
A
B

6. Ceilings
(A) Clean for cobwebs
(B) Vacuum HVAC louvers
A
B

7. Pictures and Other Hanging Objects
(A) Dust and straighten
A
FURNISHING CARE As
Needed
Daily 2x
per
week
1x per
week
2x per
month
1x per
month
2x per year 1X
per
year
More
often if
needed

1. Wooden Furniture (desks, chairs, tables, etc.)
(A) Dust
(B) Clean and wax or polish
A
B

2. Working Surfaces (workstations, desks, counters,
tables, etc.)
(A) Damp wipe and spot clean
(B) Clean working surfaces
A
B

3. Office Furniture (cabinets, drawers, shelves,
bookcases, armoires, partition tops, etc.)
(A) Dust
(B) Damp wipe and spot clean
(C) Clean and polish or wax
A
B
C

4. Tables and Chairs
(A) Damp wipe
(B) Vacuum fabric chairs
(C) Clean
A
B
C

5. Phones
(A) Dust, damp wipe, and sanitize A

6. Business Machines (copiers, faxes, shredders, etc.)
(A) Dust
(B) Damp wipe and spot clean A
B
FLOOR CARE As
needed or
instructed
Daily 2x per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed

1. Linoleum/Tile/Vinyl/Resilient Surfacing/Cement
Areas
(A) Broom sweep
(B) Dust mop
(C) Spot clean scuffs and spills
(D) Damp mop with disinfectant
(E) Machine buff/wax, except resilient
surfacing
(F) Vacuum dirt catchers (cracks and corners)
(G) Clean baseboards and door jamb corners
(H) Complete refinish, except resilient
A
C
B
F
G
D
E
H
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 136 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

FLOOR CARE As
needed or
instructed
Daily 2x per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed
surfacing
(1) Strip floors and baseboards
(2) Seal
(3) Wax
(4) Machine buff

2. Carpet Areas
(A) Vacuum
(B) Clean baseboards where vacuum mars
finish
(C) Spot clean
(D) Shampoo entire area
A
C
B
D
LUNCHROOMS AND KITCHENS As
Needed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per Year 1X
per
Year
More
Often if
Needed

1. Refrigerator, Stove/Oven, Toaster, Microwave and
Coffee Maker, etc. (all appliances)
(A) Damp wipe
(B) Spot clean
(C) Clean interior and exterior (except interior of
toaster and coffee maker)
(D) Empty toaster crumbs
(E) Clean oven
A
B
C
D
E

2. Sinks and Fixtures
(A) Scour, rinse and disinfect
(B) Clean and polish
A
B

3. Tables and Chairs
(A) Clean and disinfect tables
(B) Damp wipe chairs
A
B

4. Counters and Cabinets
(A) Clean
(B) Disinfect counters
(C) Polish or wax
B
A
C

5. Supplies
(A) Refill dispensers and restock supplies A
RESTROOMS As
needed
or
directed
Daily 2x per
week
1x per
week
2x per
month
1x per
month
2x per year 1x per
year
More
often if
needed

1. Toilets and Urinals
(A) Scour, rinse and sanitize (inside and out) A

2. Sinks and Fixtures
(A) Scour, rinse and sanitize
(B) Clean and polish
A
B

3. Mirrors, Dispensers, Counters and Cabinets
(A) Clean, disinfect and polish or wax A

4. Walls/Partitions/Other Surfaces
(A) Dust and spot clean
(B) Clean
(C) Machine wash
A
B
C
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 137 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

5. Floors
(A) Broom sweep
(B) Damp mop with disinfect cleaner
(C) Spot clean scuffs and spills
(D) Scrub and bleach
(E) Floor drains – fill traps
(F) Pour deodorizer down floor drains
A
B
C
D
E F

6. Supplies
(A) Refill dispensers
(B) Refill air fresheners
(C) Replace deodorant blocks in urinals
(D) Restock supplies
C
A
B
D
RECYCLE REMOVAL As
needed or
directed
Daily 2x per
week
1x per
week
2x per
month
1x per
month
2x per year 1X
per
year
More
often if
needed

1. Recycle Receptacles
(A) Empty at desks, near copiers, and/or
designated areas
(B) Clean office receptacles (interior and
exterior)
(C) Breakdown cardboard boxes and place in the
recycle collection bin/cart located in the
exterior waste enclosure or other designated
collection area
A
B
C
LANDFILL (GARBAGE) REMOVAL As
Needed or
Directed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per Year 1X
per
Year
More
Often if
Needed

1. Landfill Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners C
A
B

2. Sanitary Receptacles (Restrooms)
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
A
B
C

3. Paper Towel (Compost) Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
A
B
C
COMPOST (ORGANICS) REMOVAL As
needed or
directed
Daily 2x per
week
1x per
week
2x per
month
1x per
month
2x per year 1X
per
year
More
often if
needed

1. Compost Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
B
A
C
JANITOR’S CLOSETS As
Needed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per Year 1X
per
Year
More
Often if
Needed
(A) Scour and rinse janitor’s sink and fixtures
(B) Sweep floor
(C) Mop floor
(D) Straighten shelf contents and tools
(E) Scrub and bleach floor
D
A
B
C
E
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 138 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 139 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

9.2 CENTRO DE SERVICIOS /DECOTO RESOURCE CENTER, 525 “H” STREET GENERAL DESCRIPTION: This is a police administration and community resource facility.

This facility is staffed with 2 part-time police officers and 3 part-time educational personnel.

Approximately 20 additional individuals utilize the building for meetings per month. See staff at facility for monthly meeting schedules. The shower/tub will not require cleaning service.

Total square footage is 1,150. Floor space to be maintained is approximately 1,036 square feet and is comprised of the following:

AREA SQUARE
FEET

TYPE COMMENTS
Entry/Exitways (2)

223 Glass 2 wooden doors and 19 glass panels.

Windows (39) 92 Glass Large picturesque widows and glass panels.

Hall/Walkways (4)
- Carpet
- Ceramic Tile
323
36 Carpet
Ceramic Tile
Primary routes. 9 chairs, 1 desk, 2
filing cabinets and 1 square table.

Lobby Area 306 Carpet 14 chairs, 7 rectangular tables, 3 white boards, 1 TV, 1 VCR and 1 TV stand.

Lobby Unisex Restroom 48 Ceramic Tile 1 toilet, 1 sink, 1 counter with cabinets, 1 shower/tub and 2 mirrors.

Prevention Counselor’s
Office
165
16 Carpet
Glass
1 workstation, 4 chairs, 2 tables, 9
windows, and 1 filing cabinet.

Prevention Counselor’s
Office
82 16
Carpet
Glass
1 workstation, 4 chairs, 2 filing
cabinets, 1 short bookcase, 3 windows,
and 1 small end-table.

Kitchen 52 Linoleum 1 sink, 1 counter with upper and lower cabinets, 1 microwave, 1 coffee maker
and 1 copier.

Supply Closets (2) 24 Linoleum Paper supplies.

Floor covering is approximately 876 square feet of carpet and 160 square feet of hard surface.

CLEANING HOURS: Cleaning is to be performed 2 days per week: Tuesday and Friday, between the hours of 6 P.M. and 6 A.M. The facility is to be serviced according to the following schedule and these Special Provisions enhance the General Specifications:

INTERIORS As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed

1. Walls/Partitions/Doors/Kick Plates
(A) Dust and spot clean A

2. Windows and Glass Panels
(A) Clean (inside and outside) A

3. Sills (ledges and other flat surfaces within reach)
(A) Dust and spot clean
(B) Clean (with windows and panels)
A
B

4. Blinds/Shades/Drapes
(A) Dust and spot clean A
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 140 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

INTERIORS As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed

5. Light Fixtures
(A) Dust and spot clean
(B) Clean
A
B

6. Ceilings
(A) Clean for cobwebs
(B) Vacuum HVAC louvers
A
B

7. Pictures and Other Hanging Objects
(A) Dust and straighten A
FURNISHING CARE As
Needed
Daily 2x per
week
1x per
week
2x per
month
1x per
month
2x per year 1x per
year
More
Often if
Needed

1. Wooden Furniture (desks, chairs, tables, etc.)
(A) Dust
(B) Clean and wax or polish
A
B

2. Working Surfaces (workstations, desks, counters,
tables, etc.)
(A) Damp wipe and spot clean
(B) Clean working surfaces
A
B

3. Office Furniture (cabinets, drawers, shelves,
bookcases, armoires, partition tops, etc.)
(A) Dust
(B) Damp wipe and spot clean
(C) Clean and polish or wax
A
B C

4. Tables and Chairs
(A) Damp wipe
(B) Vacuum fabric chairs
(C) Clean
A
B
C

5. Phones
(A) Dust, damp wipe, and sanitize A

6. Business Machines (copiers, faxes, shredders, etc.)
(A) Dust, damp wipe and spot clean A
FLOOR CARE As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed

1. Linoleum/Tile/Vinyl/Resilient Surfacing/Cement
Areas
(A) Broom sweep
(B) Dust mop
(C) Spot clean scuffs and spills
(D) Damp mop with disinfectant
(E) Machine buff/wax, except resilient
surfacing
(F) Vacuum dirt catchers (cracks and corners)
(G) Clean baseboards and door jamb corners
(H) Complete refinish, except resilient
surfacing
(1) Strip floors and baseboards
(2) Seal
(3) Wax
(4) Machine buff
A
B
C
F
G
D
E
H
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 141 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

FLOOR CARE As
needed or
instructed
Daily 2x
per
week
1x
per
week
2x
per
month
1x
per
month
1 x per
quarter
2x
per
year
1x
per
year
More
often
if
needed

2. Carpet Areas
(A) Vacuum
(B) Clean baseboards where vacuum mars
finish
(C) Spot clean
(D) Shampoo entire area
A
C
B
D
LUNCHROOMS AND KITCHENS As
Needed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per
Year
1X per Year More
Often if
Needed

1. Refrigerator, Stove/Oven, Toaster, Microwave and
Coffee Maker
(A) Damp wipe
(B) Spot clean
(C) Clean interior and exterior (except interior of
toaster and coffee maker)
(D) Empty toaster crumbs
(E) Clean oven E
A
B
C
D

2. Sinks and Fixtures
(A) Scour, rinse and disinfect
(B) Clean and polish
A
B

3. Tables and Chairs
(A) Clean and disinfect tables
(B) Damp wipe chairs
A
B

4. Counters and Cabinets
(A) Clean
(B) Disinfect counters
(C) Polish or wax
A
B
C

5. Supplies
(A) Refill dispensers and restock supplies A
RESTROOMS As
Needed
or
Directed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per
Year
1X per Year More
Often if
Needed

1. Toilets and Urinals
(A) Scour, rinse and sanitize (inside and out) A

2. Sinks and Fixtures
(A) Scour, rinse and sanitize
(B) Clean and polish
A
B

3. Mirrors, Dispensers, Counters and Cabinets
(A) Clean, disinfect and polish or wax
A

4. Walls/Partitions/Kick Plates/Other Surfaces
(A) Dust and clean
(B) Machine wash
A B

5. Floors
(A) Broom sweep
(B) Damp mop with disinfect cleaner
(C) Spot clean scuffs and spills
(D) Scrub and bleach
(E) Floor drains – fill traps
(F) Pour deodorizer down floor drains
A
C
B
D
E F

6. Supplies
(A) Refill dispensers A
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 142 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12

(B) Refill air fresheners
(C) Replace deodorant blocks in urinals
(D) Restock supplies
B
C
D
RECYCLE As
Needed or
Directed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per
Year
1X per Year More
Often if
Needed

1. Recycle Receptacles
(A) Empty at desks, near copiers, and/or
designated areas
(B) Clean office receptacles (interior and
exterior)
(C) Breakdown cardboard boxes and place in
“Cardboard Only Recycle Bin”, or in
appropriate designated area
A
B
C
LANDFILL (GARBAGE) REMOVAL As
Needed or
Directed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per
Year
1X per Year More
Often if
Needed

1. Landfill Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners C
A
B

2. Sanitary Receptacles (Restrooms)
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
A
B
C

3. Paper Towel (Compost) Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
A
B
C
COMPOST (ORGANICS) REMOVAL As
needed or
directed
Daily 2x per
week
1x per
week
2x per
month
1x per
month
2x per year 1X
per
year
More
often if
needed

1. Compost Receptacles
(A) Empty
(B) Clean and disinfect (interior and exterior)
(C) Replace liners
B
A
C
JANITOR’S CLOSETS As
Needed
Daily 2X per
Week
1X per
Week
2X per
Month
1X per
Month
2X per
Year
1X per Year More
Often if
Needed
(A) Scour and rinse janitor’s sink and fixtures
(B) Sweep floor
(C) Mop floor
(D) Straighten shelf contents and tools
(E) Scrub and bleach floor
A
B
C D
E
Docusign Envelope ID: BBEF6E19-176C-4760-9C7A-A0371B59FBC9 City Council/RSA Agenda 143 Tuesday, November 26, 2024
City of Union City
City Project No. 25-12