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HomeMy WebLinkAbout4.02 AssocComtyActionPrgm I'1"P" ,>~ .' e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 13,1995 /-) 0 D EXHIBITS ATTACHED: ,/Copy of the Joint Powers Agreement and the Amendments. 17\;~ RECOMMENDATION:~ It is recommended the City Council adopt the amendments to the Associated Community Action Program Joint Powers Agreement. Amendment of the Associated Community Action Program Joint Powers Agreement. (Prepared by: Bo Barker, Management Assistant) SUBJECT: FINANCIAL STATEMENT:None DESCRIPTION: The twelve City Councils of Alameda County (outside Berkeley and Oakland) and the Alameda County Board of Supervisors are currently signatories to a Joint Powers Agreement that created the Associated Community Action Program (ACAP) and the now defunct Alameda County Employment and Training Board (ACTEB). Each elected body selects one of its members to the ACAP Governing Board. With the loss of ACTEB's designation as recipient of block grants. under the Federal Job Training Partnership Act (JTPA), there is no longer a need for the ACTEB portion of the ACTEB/ACAP Joint Powers Agreement. The process of amending out the ACTEB language from the JPA was initiated by the ACAP Governing Board at their February, 1993 meeting. Since that time, the City Managers Association appointed a team of legal counsels from three of the participating jurisdictions to review and amend the Joint Powers Agreement that created the Associated Community Action Program (ACAP) as recipient of the Community Services Block Grant. The amended Joint Powers Agreement is attached as Exhibit 1. Exhibit 1 shows the amendments using "strikethru" for items being deleted, bold lettering for items being added and italics for language regarding the Community Housing Development Organization (CHDO). It is recommended the City Council adopt the amendments to the Associated Community Action Program Joint Powers Agreement. COPIES TO: ITEM NO. -4. 2. . CITY CLERK rl'_E~ ~~ ~._.....................,..:..--. '~'.':".-J.:i~_~~............ - e It JOINT POWERS AGREEMENT of the ASSOCIA TED COMMUNITY ACTION PROGRAM This document dated, , for convenience by and between This Agreement is entered into this day of , 1994, between the COUNTY OF ALAMEDA, a political subdivision of the State of California (hereinafter "County") and the CITIES OF ALAMEDA, ALBANY, DUBLIN, EMERYVILLE, FREMONT, HAYWARD, LIVERMORE, NEWARK, PIEDMONT, PLEASANTON, SAN LEANDRO, and UNION CITY, municipal corporations of the Swte of California (hereinafter "Cities"). is a Joint po....ers Agreement creating the Associated Community ."-ction Pro~ram. \VIT:'JESSETH: RECITALS \VHERE'\S, +The Congress of the United States has passed the Community Services Block Grant, 42 USC 9901 et seq. (hereinafter "CSBG") to assist the disadvantaged in the war on poverty to become self-sufficient and self~reliant; and, \VHEI~E/\S, iThe State of California has passed enabling legislation to carry out the CSBG; and, \VHEI~E/\S, i-The County and the Cities referenced herein, collectively, have been designated in accordance with the law as a Community Action Agency (hereinafter "CAA") under CSBG; and, \VHEI~E.'\S, Title 1, Division 7, Chapter 5 of the Government Code of the State of California (section 6500 et seq.) (hcreinafter the "Code") authorizes joint exercise of powers agreements of two or more public agencies for any power common to them; and, \VHEI~E'\S, the Cities listed in the immediate paragraph above ha';e, by Council Resolution, indicated their desire to become signatories to ACi\...o Joint Pm,vers Agreement; and, \VHEI~E/\S, +Thc County and Cities of Livermore, Fremont, Newark, Hayward, Pleasunton, San Leandro and Union City on May 2, 1974, created a joint powers agency designated us the Associated Community Action Program (hereinafter "ACAP") to operate programs in the war against poverty under the Economic Opportunity Act (hereimlfter "EO.'\"); and, (subsequently replaced with CSBG)i and e e \VHERE/\S, i-The City of Alameda, Albuny, Emeryville, and Piedmont becume purtics to thc ACAP Joint Powers Agreement in 1976; and, \\'HEI~EAS, tThe City of Dublin became a party to the ACAP Joint Powers Agreement in 1984; and; \VHEI~E/\S, iThe Hforesaid County and Cities huve, since their joining the ACAP Joint Powcrs Agency, sent elccted representatives from the Alameda County Board of Supervisors and the respective City Councils to serve on the ACAP Governing Board; and; \\'HEREAS, the Congress of thc United States has rcscinded tho EO.^~ and rcplaccd said Ic~islation ...viti) the Community Ser;iccs .\ct (hereinafter "CSA"); frflfi, \\'HEREAS, the Congress of the United States has rescinded the CSA und replaced said Icgislation ",:ith the CSBG; and, \\'HEI~EAS, iThe County and the Cities now wish to reform ACAP in OI'der to continue an effective local government program to deal with the problems of poverty, including the prol'ision of decent housning for low-income and moderate,income persons, and to assist the low income and disadvantaged residents of Alameda County.; and, they have determined that such problems can bcst bc rcsolved and a\"ailable funds may be best administcred by the entity callcd thc Associated Community Action Program, which is created hercundcr; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, covenants, undconditions herein agreed, the signatories agree that by execution of this agreement the parties hereby rescind all prior agreements ont his subject matter, and further agree us follows: 1. ORGANIZATION A. Name of Agency. The parties hereby J&rec that the agency composed of a combination of the parties signata!)' to this agreement, be and are hereby agency creatcd undcr the aforesaid provisions of law for the purpose of administering this Jgreement,----atT4 shall hereafter be designated as the Associated Community Action Progl'al11 ("ACAP. ") B. Certificate. This agreement is not prevented by state or local law from taking effect in any of the geographical areas which it purports to selVe. Furthermore, the legal officers of the County and the Cities have assured in writing that each signutory has the legul uuthority, under state and local laws, to enter into this agreement. - 2 - e e C. Power exerciscd: Purpose of Agreement. The power to be exercised is the planning, development and administration of programs under und in accordance with the CSBG, and the State of California enabling legislation or successor legislation enactedffig- for the same purpuses, as proceeding legislation referenced herein. The purpose of this agrcement is to continuc, under the aforesaid legislation, the separatc public entity of ACAP which will excrcise such power. Such power will be exercised and the purpose of this agreement will be accomplished in the manner hereinafter set forth in this Agreement. D. Powcr of ACAP. ACAP alone shall have decision making power for actions taken under and pursuant to CSBG and the state enabling legislation. ACAP is authorized to du all acts necessary for the exercise of s-ate- its authority, including but not limited to any or all of the following: (1) To the extent necessary or appropriate for achieving the stated purposes of this agreement, consistent with Government Code Division 6, Chapter 5, Article 1, sectiun 6500 et seC). and the provisions of this agreement, exercise uny power which is common to both Cities and County. All powers shall be exercised subject to such restrictions upon the manner of exercising such powers as are imposed upon County in its exercise of similar powers, as provided in and for the purposes of Section 6509 of the Government Code uf the Slate of Californiu, such restrictions as are set forth in this agreement, and such restrictions as may be set forth in grants or other agreements as ACAP may enter into for the receipt and disbursement of funds. (2) Make and enter contracts in its own name; employ agents and employces; acquire, lease, rent, manage, mainwin, hold or dispose of equipment, material, supplies and property in accord with the approved grant plans. (3) Sue ur be sued 1I1 its own name. II. GOVERNING BODIES A. AcAP Go\'ornin; Bodies (1) Membership. The guverning body of ACAP shall consist of thirteen (13) members;~ one representative from each of the following Cities plus a representative from the County: Alameda, Albany, Dublin, Emeryville, Fremont, Hayward, Livermure, Newark, Piedmont, Pleasanton, San Leandro, and Union City. - 3 ~ e e The guverning budy uf ACAP shall be known as the ACAP Governing Board (hereinufter IBu:1rd"). The Buard of Supervisurs of Cuunty and the City Councils of partIcIpating Citics shall appoint from their respective bodies the member to serve on the ACAP Governing Board. The member shall serve at the pleasure of and in a manncr determined by the appointing body. (2) Voting. Each ACAP member shall have one (1) vote. An action must receive a majority of votes form ACAP members present in order to be passed. Actions of the Board shall be by motion or rcsolution. (3) Alternates. The Board of Supervisors and the City Couneils of participating citics shall appoint from their respective bodies not less than one ulternate for each respective member. The alternate shall serve at the pleasure of and in the manner determined by the appointing body. An alternate shall have authority to attend, participate and vote at any meeting of the Board whenever any regular member is absent from such meeting. (4) Quorum. The presence of membcrs representing a majorIty of the total vote from ACAP shull constitute a quorum for the- transaction of business, except that less than a quorum may adjourn from time to time. No action may be tuken by ACAP except upon the affirmative vote of members representing a majority of the votes present at the meeting. Votes shall be cust only in pcrson and may not be cast by proxy. (5) Chairperson. A Chairperson and Vice-Chairperson of the Board shall be selected by the Board from its members. The term of office of the Ch::Iirperson and Vicc-Chairperson shall each be one (1) year, beginning in April of each year. (6) Meetings. All meetings of the Board shall be held subject to the provisions of the Culifornia Public Meetings Law (hereinafter the "Brown Act"), California Government Code Section 54950 et seq. Meetings shall be held only aftcr three (3) days public notice unless an emergency situation exists as defincd in Section 54956.5 of the California Government Code. (7) Bvlaws. The Board shall adopt bylaws for the conduct of business which shall not be inconsistent with the provisions of this agreement. - 4 M e e NOTE: THE FOLLOWING SECTION HAS BEEN MOYED. BG. Powers of thc Board. The Board may contract for the administration of ACAP or create a staff. At the time of signing this J..PA agreement the Governing Board of ACAP had contracted with the Alameda County Private Industry Council to administer thc ACAP. If the Board decides to create a staff, the following applics: (1) Executive Director. Thc Board shall be assisted by an Executivc Director who shall scrve at the pleasure of the Board as its chief administrative officer. The performance of the Executive Director shall be evaluated annually by the Board using such criteria as it may deem proper after which a decision shall be made to retain or release the incumbent. Pursuant to Section 6505.1 of the California Government Code, the Executive Director is hereby designated as the person who shall have churge of, handle, and have access to any property of ACAP. (2) Employees. The Board, for the achievcment of the purposes of this amcnded agreemcnt, may establish positions and f1:: the salary ran,;o for employees of /\C'\P, and may authorize the E~cccutivo Director to hire such other employee::; and to fi:, and pay their compcnsation, pro';ided thut no payment shall be made for any such employment rendered prior to the approyal by the Board of the position and the salary range therefor. The Board, for the achievement of the purposes stated herein, in this agreement shall have the power to appoint any other offIcer, or officers,---t:H'- and employees, and to employ or retain the services of other organizations and individuals as it may deem necessary and appropriate, and to fi.,x and pay their compensation,- provided that. No payment shall be made for any such employment or services rendered prior to the approval by the Board of the position and ~ its salary range or compensation. thercfor (3) General Powers. In accordunce with applicable law, the Board may do the following: (a) Select an Executive Director, after public recruitment, who shall servc at its pleasure. (b) Adopt with or without amendment, the annual budget for ACAP upon receipt thereof from the CAB. (c) Approve all program proposals, budgets, agreements and cntities providing services to the ACAP client group. - 5 - e e (d) Determine programs, aH4 policies, priorities, goals, objectives and plans. (e) Establish necessary administrative policies and procedures. (f) Require compliance with all applicable federal and state law by all ACAP personnel with respect to ACAP activities. (g) Delegate such additional authority and responsibility in wnt1l1g to the CAB as it deems workable and desirable, by any means not in connict with the provisions of this amended agreemen~ and to delegate such additional authority and responsibility in II'ritint to a Community Housing Del'elopment Organiwtion (CHDO) with ACAP funding in amounts to be detemzined annually by the GOl'erning Board. (h) Engage supportiTe- services, as necessary, including but not limitcd to personnel, purchasing, and legal services. (i) The Board shall have the power and authority to receive, accept, and expend or disbmse funds on behalf of ACAP, by contract or otherwise, for purposes consistent with the provisions thcreof, of this a.gl'eement. v..hich Such funds may be provided by the United States Govcrnment, the State of California, or any subdivision thereof, €H*i- from any other person, .agency, or organization, whether public or private, for the purposes specified herein in this agreement. The parties may provide ACAP, on behalf of the Board, and ACAP shall be authorized and empowered to receive and accept from the parties, or any of them, and utilize: (i) The services of personnel, equipment, or property of the parties, or any of them; (ii) Paymcnts or advances of public funds from the parties, or any of them; For the achievement of the proposes stated herein in this agreement, thc Board shall act on behalf of all the parties signatory to this agreement. However, the Board shall have no power or authority to incur obligations in excess of the amount of funds then appropriated to its use by a funding source or donated from other sources. - 6 - - e C. Community Action Board. (I) c.'eatiol1 of CAB. In accordance with CSBG, there is created a Community Action Board (hcreinafter "CAB"), which shall be constituted and exercise authority as hercin set forth in this Agreement, and in accordance with all applicable law,. and \"hich is The CAB shall be advisory to the Board except for powers which are expressly delegated to it by the Board or which are given to it by statute. (+a) Membership. A plan, approved by the Board and consistent with applicable law, wH+ shall be developed which shall provide for the composition of the CAB, is stJtcd in CSBG rc~ulations und Government Code Section 127gb for the method of selecting its membership, fer the maximum feasible participation of and proportionate representation among the poor, and fer a procedure allowing others to petition for representation. .'\11 members or organizations will be selected by the Governing Board. Such plan for selection of CAB membership shall require that one-third of the membership be public officials appointed by the Governing Board,. that one-third be appointed by pril'ate sector organiwtions that hm'e been selected by the CAB,' and that one-third be elected representatives of low income organiwtions that hm'e been selected by the CAB. (;;!'b) Term of Office. All CAB members shall serve for t.....o (2) one (J) year terms and may be reappointed for a maximum of three (3) twu (2) years sit (6) one-year terms. (~) Meetings, The CAB shall hold at least six (6) regular meetings each year, giving seven (7) days public notice prior thcrcto before each meeting. The hour, date and place for regular meetings shall be fIxed by resolution of the CAB. Special meetings may be held as provided for in the Brown Act. All meetings of the CAB shall be called, held and conducted in accordance with the terms and provisions of the Brown Act and with such further the rules ef adopted by the CAB. not inconsistent there\vith. Except as otherwise provided by law, all meetings of the CAB shall be open and public. The CAB shall cause minutes to he kept of its meetings, both regular and special, and shall promptly transmit to each of the parties hcrcto to this agreement copies of the minutes of such meetings. - 7 - e e (4d) Bvlaws. The CAB ffiaj'- shall develop and submit its bylaws to the Board for approval. The Board rctains the right to make changes, add und umend tEl- the bylaws and may submit them for review by the CAB. sate- The byluws shall contain, among other things, membership requirements, election procedures, quorum requirements, voting rights and other such organizational and procedural matters as the CAB shall require. The bylaws shall becomc effective upon approval by the Board. The bylaws shall be reviewed annually by the CAB for possiblc amendments and bylaws amendments shall take effcct upon approval by the Board. III. INSURANCE D. Insurance. This Section pertaining to insurance. only applies if the signatories agree to set up an cntitv to administer ACAP. At the date of signing this agreement the ACAP Govcrnin~ Board has contracted with the Alameda County Private Industrv Council Department to administer the program, therefore insurance coverage bv Alameda County is applicable. However, if and when Alameda County ceases administering ACAP, the insurance provisions of this Section shall become immediately applicable. (+A) Insurance. Requirements. After execution of this agreement, ACAP shall promptly obtain, at its own expense, all the insurance required by this section and shall submit a complete Copy of Covcrage Verification signed by the ACAP's agent Or broker to the ACAP members for review and approval. The insurance requirements must be mct prior to commencement of any work or other obligation pursuant to this agreement. The authorization to proceed with the work under the agreement will not be issued, and thc ACAP shall not commence work, until such insurance has been approved by the ACAP members. Thc ACAP shall not allow any contractor to commenee work until all similar insurance required of the contractor has been obtained. Such insurunce shall remain in full force as effect at all times during the prosecution of the work und until the final completion and acceptance thereof. (;;B) Workers' Compensation and Emplover's Liabilitv Insurance. ACAP shall take out and maintain during the life of the Agreement Workers' Compensation and Employer's Liability Insurance for all of its employees to be engaged in work under the agreement. Should any work be sublet, the ACAP shall require the subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance, all in strict compliance with federal and state laws and to fully protcct the ACAP members from any and all claims arising out of occurrences on the work. ~ 8 - e e (JC) Public Liability Insurance. ACAP shall takc out and maintuin in thc name of ACAP and ACAP members during the life of the agreement, such Public Liability Insurance as shall protect itself, ACAP members, officials, officers, directors, employees, and agents, from claims which may arise from operations under this agreement, whether such operations be by itself, by ACAP members, its officials, officers, directors, employees, and agents, and contractor, or by anyone directly or indirectly employed by either of them. This li:.1bility insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from ACAP's, ACAP, membcrs" or subcontractor's operations, use of owncd or non-owncd automobiles, products, and completed operations. The amount of insurance shall not bc less than the following: Singlc Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage: $1,000,000.00. The following endorsements must be attached to the policy: (a-l) If the insurance policy covers on an "accident" basis, it must be changed to "occurrencc." (~2) Thc policy Illust cover personal injury as well as bodily Il1Jury. (e-3) The policy must cover complete contractual liability. Exclusions of contractual liubility as to bodily injuries, personal injuries and property MUST BE ELIMINATED from the basic policy endorsements. (44) The policy must include a gross liability or severability of intercsts cluuse. (eS) The ACAP membcrs must be named as additional insured under the covcragc alTurded with rcspect to the work being performed under the umcndcd agreemcnt. (f6) An endorsement shall be provided which states that the coverage is PRIMARY INSURANCE and that no other insurance effected by the ACAP members will be called upon to contribute to a loss under this coverage. (g7) Cancellation, non-renewul, or reduction in limits shall be sent to the ACAP members with at last thirty (30) days notice. - 9 - e e (1)4) Depusilors' Furg,ery Coverage. ACAP shall also purchase deposilors forgery covcragc in thc amount of $100,000.00. (ES) Official Bond. The Exccutivc Dircctor is hereby required to file an official bond in the amount of $100,000.00. III. LIABILITY A. In the event that judgment is rendered against ACAP by a court of competent jurisdiction or an administrative tribunal which orders repayment from non-federal sources of federal funds determined to have been misspent, all means of further legal rccourse have been exhausted or the time limits thereon have expired, and the ACAP is unable to pay the judgment, then the parties to this amended agreemcnt shall pay such judgment equally in proportion to their ACAP vote. However, if a party is found to be individually liable on any contract which it held with ACAP, by a court of competent jurisdiction or administrative tribunal and all means of further legJI rccourse have becn exhaustcd or the time limits thereon have expired, then that mcmber is individually liable and responsiblc for payment of that debt unless it has been declared bankrupt or is otherwise prohibited by law from paying such debt in which case the remaining parties shall pay the debt, in accordance with thc formula in the first sentence of this paragraph. The signatoriesy- to this agreement are not liableHtty- for any funds misspent undcr CSBG. B. Pursuunt to Government Code section 6508.1, the debts, liabilitics and obligations of ACAP shall bc the debts, liabilities and obligations of the signatories to this agreement, to be shared cqually. C. ACAP agrces to hold harmless, indemnify, and to defend the ACAP members and their officcrs, employees and agents from any and all claims for injury or damage of whatevcr type brought by or on behalf of any third party, including, but not limited to, ACAP's officers, employees, and agents, arising from or connected with uny acts or omissions in the performance of this agreement by ACAP except from uny such claims arising solely out of acts or omissions attributable to the ACAP member or its officers, employces, or agents. IV. FISCAL CONTROL A. Depositorv: Controller. Pursuant to Section 6505.5 of the California Government Code, the Auditor/Controller and the Treasurer of the County of Alameda are hereby designuted Auditor/Controller and Treasurer of - 10 - e e ACAP and they shall have all of the powers and duties specified in Section 6505.5 including but not limited to: (1) The Treasurer shall rcccive and receipt of ull sate- funds of ACAP and place ti- thelll in the Treasury of the County of Alameda to the credit of ACAP; (2) The Trcasurcr shall be rcsponsible upon his/her official bond for safe-keeping and disbursement of all funds of ACAP so held by him/her; (3) The Treasurer shall pay, when due, out of said funds of ACAP so held by him/her, all sums due from ACAP funds, only upon warrants of or checks issued by the Auditor/Controller. (4) The Treasurer shall testify and rcport in writing on the first day of July, October, January, and April of each year to ACAP and to the signatories to this ugreemcnt, lhe amount of said funds he/she holds for report, and thc amount paid out since his last report. (5) Pursuant to Section 6505 of the California Government Code, the Auditor/Controllcr shall contract with a ccrtified public accounlanl to makc an annual audit of the accounts and records of ACAP, copics of which audit shall be distributed to the ccounty and Citics. (6) Pursuant to Section 6505.5 of the California Government Code, thc Board of Supervisors of the County of Alamcda shall dctermine churges to be madc against ACAP for services of the Treasurer and thc Auditor/Controller. B. Records and Reports. ACAP shall establish and maintain such funds and accounts as may bc required by good accounting practice or by law. The books and records of ACAP shull bc open to inspection at all rcasonable times by representatives of any signatory to this amended agrcement or its representatiyc. e. Inspection und Audit. Representatives of Aany of the signatories to this agreement, or authurized representatives of any of them, shall at all times have uccess for the purpose of audit or inspection to any and all books, documents, papers, records, property, und premises of ACAP. D. Disposition of Assets: Surplus Moncy. Upon termination of this agreement under Section V.e., all costs, expenses and charges Iegully incurred by ACAP shall be paid and discharged; and ACAP shall sell such property as may be - 11 - e e necessary therefor and shall be distributed to the Unitcd Statcs Government and/or the State of California such properly and funds as are lawfully required, the balance of such property and any surplus moncy on hand shall be distributed or returned in proportion to contribulions made by the cffected parties except to the extent otherwise agreed upon by the affected parties. E. Fiscal Year. Unless otherwise required by federal or state law, the fiscal year for ACAP shall be from Junuary 1, to and including December 31. SECTIO:'J V. MISCELLANEOUS PROVISIONS A. Provision for Additional Members. The signutories may agree to amend this agreement to enable other eligible cities in Alameda County to become members of ACAP. eEligible cities are those cities so designated by the state or federal law. E. Term. This agreement shall become effective upon execution by the signatories hereto and shall continue in full force and effect until terminated ffi. tho manncr hereinafter providcd plIl'slIant to this section. Any signatory may withdraw from this umended agreement. upon giving written notice to the other signatories not less than thirty (30) dLlYs prior to the effective withdrawal dLlte thcrein specified. Hov.'eyer, iln no event may signatory withdraw from this amcnded agreement prior to the expiration date of any grLlnt between the state and ACAP. SECTIO~J VI. AMENDMENTS A. Amendment bv Agreement. This agreement may be amended at any time by the written agrcement of thc signatories, as long as such amendment is not in contlict with applicable law. E. Limitation or Power. Nothing contained in this agreement or any bylaws promulgated pursuant to it shall be construed to authorize any action which any signatory is not authorized by law to undertake. C. Severability. Should any part, term, or provision of this agreement to be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Californiu, or otherwise be rendered unenforceable or ineffectuul, the validity of the remaining portions or provisions shall not be affected thereby. - 12 ~ e e WITNESS THE EXECUTION HEREOF the date sct opposite OLlr rcspective names: Dated: , 1994 County of Alameda Attest: By President Clerk Approved as to Form: County Counsel Dated: , 19~4 City of Alameda Attest: By Mayor City Clerk Approved as to Form: City Attorney Dated: , 1994 City of Albany Attest: By Mayor City Clerk Approved as to Form: City Attorney - 13 - e Dated: , 1994 Attest: City Clerk Approved as to Form: City Attorney Dated: , 1994 Attest: City Clerk Approved as to Form: City Attorney Dated: , 1994 Attest: City Clerk Approved as to Form: City Attorney e City of Dublin By Mayor City of Emeryville By Mayor City of Fremont By Mayor - 14 - e Dated: 1lJ94 Attest: City Clerk Approved as to Form: City Attorney Dated: , 1994 Attest: City Clerk Approved as to Form: City Attorney Dated: , 1994 Attest: City Clerk Approved as to Form: City Attorney e City of Hayward By Mayor City of Livermore By Mayor City of Newark By Mayor - 15 ~