Agenda packet — Vallejo City Council, October 11, 2022

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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
OCTOBER 11, 2022

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.

PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:

There are four different ways you can view this public meeting:
 In Person
 Watch Vallejo local channel 28
 Stream from the City website: www.cityofvallejo.net/Streaming Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF CYBER SECURITY MONTH, OCTOBER 2022

6. FIRST COMMUNITY FORUM
The Community Forum is an opportunity to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve. Any interested members of the public desiring to communicate with the City Council as part of the First Community Forum may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. When called upon, each speaker should step to the podium, state his/her name for the record. The conduct of the community forum shall be limited to a maximum of fifteen (15) minutes, with each speaker limited to a maximum of three minutes pursuant to Vallejo Municipal Code Section 2.02.300.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meetings of September 20, 2022 and the special and regular meetings of September 27, 2022 Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. NOTICE OF INTENT TO AMEND FY 2022-23 BUDGET TO APPROPRIATE EXPENDITURE OF $1,290,420.81 NAVY GRANT PROCEEDS
Recommendation: Approve the notice of intent to amend the Mare Island Conversion Fund #106 Fiscal Year 2022- 2023 Budget to appropriate Navy grant funds in the amount of $1,290,420.81 to be placed into the Environmental Services Cooperative Agreement (ESCA) Contingency Fund to pay for expenditures associated with the ongoing Mare Island Environmental Remediation Project.

Contact: Michael Nimon, Special Advisor to City Manager/Economic Development Director (707) 649-5452
[email protected]
D. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022/2023

CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION GRANT

GENERAL FUND BUDGET TO RECOGNIZE REVENUE AND
APPROPRIATE EXPENDITURES IN THE AMOUNT OF $1,541,292
Recommendation: Adopt a Resolution amending the Fiscal Year 2022/2023 California Violence Intervention and Prevention Grant General Fund budget to recognize revenue and appropriate expenditure in the amount of $1,541,292.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
E. RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE OF

INTENT TO AMEND THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM BUDGET FOR FISCAL YEAR 2022-23
Recommendation: Receive and file the City Manager's request and provide a notice to amend the Community Development Block Grant (CDBG) Program Budget for Fiscal Year (FY) 2022-23 in the amount of $1,049,156.00.

Contact: Gillian Hayes, Assistant City Manager (707) 648-4163 [email protected]
F. RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE OF

INTENT TO AMEND THE HOME INVESTMENT PARTNERSHIPS PROGRAM BUDGET FOR FISCAL YEAR 2022-23
Recommendation: Receive and file the City Manager's request and provide a notice of intent to amend the HOME Investment Partnerships ("HOME") Program Budget for Fiscal Year (FY) 2022-23 in the anticipated amount of $730,390.

Contact: Gillian Hayes, Interim Assistant City Manager (707) 648-4163 [email protected]
G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT

OF BOATING AND WATERWAYS AND PROVIDE NOTICE OF THE INTENT TO AMEND THE MARINA FUND BUDGET FOR FISCAL YEAR 2022-2023

TO RECOGNIZE THE GRANT REVENUE AND AUTHORIZE
EXPENDITURES FOR PWM08 MARINA ABANDONED BOAT PROJECT
Recommendation: Adopt a resolution authorizing the City Manager to execute a grant agreement with the California Department of Boating and Waterways and provide notice of the intent to amend the Marina fund budget for fiscal year 2022-2023 to recognize the grant revenue and authorize expenditures for PWM08 Marina Abandoned Boat Project.

Contact: Melissa Tigbao, Public Works Director (707) 648-4301 [email protected]
H. APPROVE AN AGREEMENT WITH SAFEWAY INC. TO SETTLE A WRIT OF

MANDATE FILED BY SAFEWAY TO CHALLENGE THE EIR FOR THE

FAIRVIEW COSTCO PROJECT
Recommendation: Approve an agreement with Safeway Inc. allowing settlement of a Writ of Mandate filed by Safeway to challenge the EIR for the Vallejo Fairview Costco project.

Contact: Randy J. Risner, Chief Assistant City Attorney [email protected]
I. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A FIRST AMENDMENT TO THE PRODUCT SUPPLY

AGREEMENT FOR WATER TREATMENT CHEMICAL SUPPLIES WITH

MESSER, LLC
Recommendation: Adopt a resolution authorizing the City Manager to execute a First Amendment to the Product Supply Agreement related to chemical and/or equipment purchases for Water Department Operations with Messer, LLC to include: (1) an increase to the not-to-exceed amount to $477,000.00 and (2) placing a fiscal year (FY) limit of $79,500.00.

Contact: Beth Schoenberger, Water Director
[email protected]

9. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items are requested to submit a completed speaker card to the City Clerk. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420.

10. INFORMATION CALENDAR

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

13. COMMUNITY FORUM
Any interested members of the public desiring to communicate with the City Council as part of the last Community Forum may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
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Dated: Thursday, October 6, 2022

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 10:00 a.m., Thursday, October 6, 2022.

Dated: Thursday, October 6, 2022

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
September 20, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
SEPTEMBER 20, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner

Absent: Councilmember Arriola
Staff present: City Manager Malone, Assistant City Manager Hayes, City Attorney Nebb City Clerk Abrahamson, Risk Manager Sarkis and Deputy City Attorney Jacob The Council convened into Closed Session in the Council Conference Room at 5:04 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation Purusant to Government Code Section 54956.9 (d)(1)
Name of Case: Burrell v. City of Vallejo, United States District Court, Eastern District, Case No. 2:19-cv-01898-WBS-KJN
B. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Evans v. City of Vallejo, et al., United States District Court, Eastern District of California, Case No. 2:17-cv-1619-TLN-AC

4. ADJOURNMENT
The meeting adjourned at 6:02 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
September 20, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
SEPTEMBER 20, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:04 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner

Absent: Councilmember Arriola
Staff present: Assistant City Manager Hayes, City Attorney Nebb and City Clerk Abrahamson

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to its legal counsel on both Closed Session Items 3A and 3B.

5. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Anne Carr (Consent Item 6B).

6. CONSENT CALENDAR
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar with Mayor McConnell opposed to Consent Calendar Item 6B (Absent – Arriola).

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of July 26, 2022 and the special meetings of August 23, 2022
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Approved minutes.

B. ADOPT A RESOLUTION APPROVING THE CITY MANAGER'S RESPONSE TO THE 2021-2022 SOLANO COUNTY GRAND JURY REPORT ENTITLED "DELAYS IN RELOCATION OF VALLEJO POLICE DEPARTMENT ARE
COSTLY" AND AUTHORIZING THE CITY CLERK TO FORWARD THE

RESPONSE TO THE PRESIDING JUDGE OF THE SOLANO COUNTY

SUPERIOR COURT AND FOREPERSON OF THE SOLANO COUNTY

GRAND JURY
Recommendation: Adopt a resolution approving the City Manager's response to the 2021-2022 Solano County Grand Jury Report entitled "Delays in Relocation Special City Council Meeting Minutes
September 20, 2022
Page | 2
of Vallejo Police Department Are Costly" and authorizing the City Clerk to forward the response to the Presiding Judge of the Solano County Superior Court and Foreperson of the Solano County Grand Jury.

Contact: Mike Malone, City Manager. (707) 648-4576
[email protected]
Action: Adopted Resolution No. 22-159 N.C. (Noes – Mayor McConnell) C. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY’S RESPONSE TO THE 2021-2022 GRAND JURY REPORT REGARDING

EFFECTIVE EMERGENCY RESPONSE NEEDS CITY AND COUNTY

SUPPORT
Recommendation: Adopt a resolution approving the City of Vallejo's response to the 2021-2022 Solano County Grand Jury Report entitled "Effective Emergency Response Needs City and County Support" and authorize the City Clerk to forward said response to the Presiding Judge of the Solano County Superior Court and Foreperson of the Solano County Grand Jury.

Contact: Kyle Long, Fire Chief (707) 648-4526
Action: Adopted Resolution No. 22-160 N.C.

7. ACTION CALENDAR
A. CONDUCT THE CONTINUED PUBLIC HEARING OF APPEAL OF PLANNING

COMMISSION DENIAL OF MAJOR USE PERMIT AMENDMENT REQUEST BY V-TOWN FARMS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300 Recommendation: Conduct the continued public hearing and direct staff to return with findings and a resolution memorializing the Council’s decision on Appeal (APP) #22-0001 to amend Major Use Permit (UP) #20-0008 for V-Town Farms at 5184 Sonoma Boulevard, Suite 300.

Contact: Christina Ratcliffe, Planning and Development Services Director [email protected] (707) 648-4382
Councilmember Brown recused himself due to a Conflict of Interest related to a financial interest as a business owner of a collective in town and left the dais and Council Chamber and was excused for the remainder of the meeting.

Planning & Development Services Director Ratcliffe provided an overview of the purpose of the item, discussed the project history and setting, reviewed the transparency requirement, engineering issues to meet the transparency requirement, proposed floor plan submitted September 6, 2022, community contribution, and incomplete building permit items, provided a recap of the Planning Commission hearing and decision from February 23, 2022 and the City Council hearing held on May 10, 2022 with Council’s action, outlined the Applicant’s proposal, and concluded by outlining the recommendation.

Staff responded to questions from Councilmembers.

Mayor McConnell opened the public hearing.

Special City Council Meeting Minutes
September 20, 2022
Page | 3
Charles Wesley (Appellant/Applicant) reviewed first year donations and revenues, 60% compromise, modified floor plan and TCO work status items.

Mr. Wesley responded to questions from Councilmembers.

Staff addressed comments made by the Appellant/Applicant and clarified the definition of gross receipts.

Mr. Wesley commented on gross receipts and wording proposed.

Speakers: Anne Carr, Martin, and Kimberly Ramos.

There being no further speakers, Mayor McConnell closed the public hearing.

An additional question and answer period followed. Councilmembers provided comment.

Action: By consensus of Councilmembers present, provided direction to staff to return with a resolution approving the appeal, overturning the Planning Commission denial, and approving Major Use Permit Amendment for V-Town Farms after finding the project exempt from CEQA per Section 15301 to include the following (Absent – Arriola; Abstain Due to Conflict of Interest – Brown). 1% total gross receipts annually or $100,00 whichever is greater. Donations to only recognized 501(C)3 public benefit, non-profit organizations or to the City to be used for youth programming or broader youth uses.
Funds not restricted to only District 2 and can be available citywide to be selected by the applicant as long as they are public benefit nonprofit. Accounting must be provided to City on or before October 31 of each year and in the event, it is not, a penalty of $250 per day will be accessed until adequate accounting is received.
2 security guards in lieu of transparency if one is placed inside, and one is placed outside the building.
More landscaping to be decided in agreement with Planning staff, subject to their approval of landscaping design.
Suggestion to applicant and for staff to explore, as part of the contribution of 1% of total gross receipts annually or $100,000 whichever is greater, the applicant may claim as a credit on a fair market value range of warehouse space in the City of Vallejo, value to be determined by staff, credit for spaces provided to public benefit nonprofit corporations.
Discussion on the returned item limited to discussion about the credit on fair market value range of warehouse space in the City of Vallejo.

8. ADJOURNMENT
Special City Council Meeting Minutes
September 20, 2022
Page | 4
The meeting adjourned at 7:54 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
September 27, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
SEPTEMBER 27, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:01 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived 6:02 p.m.), Councilmembers Arriola, Brown (arrived 6:03 p.m.), Dew, Loera-Diaz, and Miessner (arrived 6:04 p.m.)

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, Deputy City Clerk Joya, Public Works Director Tigbao, Assistant City Managers Davis and Hayes The City Council convened into closed session in the Council Conference Room at 6:04 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Initiate of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 Case B. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): 1 Case

4. ADJOURNMENT
The meeting adjourned at 6:59 p.m.
_________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
September 27, 2022
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
SEPTEMBER 27, 2022

1. CALL TO ORDER
The meeting was called to order at 7:08 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner

Absent: None
Staff present: City Manager Malone, City Attorney Nebb and Deputy City Clerk Joya,

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb stated there was no action to report with respect to Closed Session Item 3A and 3B

5. PRESENTATIONS AND COMMENDATIONS
Action: Presentations were made by Vice Mayor Verder-Aliga and Coucilmembers Arriola and Loera Diaz.

A. PRESENTATION OF A PROCLAMATION DECLARING SEPTEMBER 2022 AS

PUBLIC SCHOOLS MONTH
B. PRESENTATION OF A PROCLAMATION RECOGNIZING HISPANIC
HERITAGE MONTH - SEPTEMBER 15-OCTOBER 15, 2022

6. FIRST COMMUNITY FORUM
Speakers: Daniel B., Lillie Hurd, Makesha W., Francean L., Kimberly N., Andrea Sorce, and Mishel A.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Daniel B. and Roz Roberts (Item 8C) and Brandon R. (Item 8D)

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Items 8C and 8D from the Consent Calendar making them 8.1 and 8.2 in the order as they appeared on the Agenda.

Regular City Council Meeting Minutes
September 27, 2022
Page | 2
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of September 13, 2022.

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Approved minutes.

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Waived reading and authorized introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

C. ADOPT A RESOLUTION AMENDING FISCAL YEAR 2022-23 BUDGET IN THE AMOUNT OF $142,374 TO RECOGNIZE REVENUE AND
APPROPRIATE EXPENDITURES FROM THE 2022 JUSTICE ASSISTANCE GRANT
Recommendation: Adopt a resolution amending the Fiscal Year 2022/2023 Justice Assistance Grant Fund# 149 budget to recognize revenue in the amount of $142,374 and appropriate expenditures of $142,374.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: item was removed from the Consent Calendar.

Following discussion, it was moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 22-161 N.C.

D. ADOPT A RESOLUTION ACCEPTING THE 2022 CALIFORNIA VIOLENCE

INTERVENTION AND PREVENTION GRANT AND NOTICING INTENT TO AMEND FISCAL YEAR 2022-23 BUDGET IN THE AMOUNT OF $1,541,292 Recommendation:

1. Adopt a Resolution accepting a three-year California Violence Intervention and Prevention Grant award totaling $1,541,292 from the Board of State and Community Corrections.

2. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 2022/2023 California Violence Intervention and Prevention Grant General Fund budget to recognize revenue and appropriate expenditure in the amount of $1,541,292.

Regular City Council Meeting Minutes
September 27, 2022
Page | 3
Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: item was removed from the Consent Calendar.

Following discussion it was moved by Vice Mayor Verder-Aliga and carried unanimously to (1) adopt Resolution No. 22-162 N.C. and (2) as the first in a two-step process, accepted notice of intent to amend the Fiscal Year 2022/2023 California Violence Intervention and Prevention Grant General Fund budget to recognize revenue and appropriate expenditure in the amount of $1,541,292 E. PAYMENT OF CLAIMS: JULY 2022
Recommendation: Ratify the payment of claims for the period of July 1, 2022 through July 31, 2022.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: Ratified the payment of claims for the period of July 1, 2022 through July 31, 2022.

F. ADOPT RESOLUTION APPROVING FINAL MEMORANDUM OF

UNDERSTANDING WITH INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245 (IBEW)
Recommendation: Adopt resolution approving the attached final Memorandum of Understanding between the City of Vallejo and the International Brotherhood of Electrical Workers (IBEW).

Contact: Rachel Ferguson, Human Resources Director (707) 649-4852 [email protected]
Action: Adopted Resolution No. 22-163 N.C.

G. ADOPT A RESOLUTION APPROVING A REQUEST TO THE

METROPOLITAN TRANSPORTATION COMMISSION FOR AN ALLOCATION OF FY 2022-23 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
FUNDING TO THE CITY OF VALLEJO FOR THE PW9728 SACRAMENTO

STREET ROAD DIET PHASE II PROJECT
Recommendation: Adopt a Resolution approving a request to the Metropolitan Transportation Commission for an allocation of FY 2022-23 Transportation Development Act Article 3 funding to the City of Vallejo for the PW9728 Sacramento Street Road Diet Phase II Project.

Contact: Melissa L. Tigbao, Public Works Director (707) 648-4433 [email protected]
Action: Adopted Resolution No. 22-164 N.C.

H. ADOPT RESOLUTION AUTHORIZING CITY MANAGER TO MAKE

MEMBERSHIP CONTRIBUTIONS TO SOLANO TRANSPORTATION
AUTHORITY UP TO $400,000 THROUGH JUNE 30, 2025
Recommendation: Adopt a Resolution authorizing the City Manager to make membership payments to Solano Transportation Authority (STA) in an amount not to exceed $400,000 through June 30, 2025.

Regular City Council Meeting Minutes
September 27, 2022
Page | 4
Contact: Melissa L. Tigbao, Public Works Director, (707) 648-4433 [email protected]
Action: Adopted Resolution No. 22-165 N.C.

I. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL
SERVICES AGREEMENT WITH REGAL COLLISION REPAIR, INC. TO INCREASE THE CONTRACT AMOUNT NOT TO EXCEED $425,000 AND EXTEND THE CONTRACT TERM TO JUNE 30, 2025
Recommendation: Adopt a resolution authorizing the City Manager to execute a First Amendment to the Consultant and Professional Services Agreement with Regal Collision Repair, Inc. to increase the contract amount not to exceed $425,000 and extend the contract term to June 30, 2025.

Contact: Melissa Tigbao, Public Works Director, 707-648-4301 [email protected]
Action: Adopted Resolution No. 22-166 N.C.

J. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

AGREEMENT WITH MANAGEMENT PARTNERS TO INCREASE THE
CONTRACT AMOUNT AND EXTEND THE TERM TO DECEMBER 31, 2023 Recommendation: Adopt a resolution authorizing the City Manager to execute a First Amendment to the Professional Service Agreement with Management Partners, to extend the contract term one year to December 31, 2023, and to increase the not-to-exceed amount by $125,000, to a new maximum not-to- exceed total of $175,000.

Contact: Mike Malone, City Manager. (707) 648-4576
[email protected]
Action: Adopted Resolution No. 22-167 N.C.

K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO TEAM GHILOTTI, INC.’S CONTRACT FOR THE

WATER DEPARTMENT PAVEMENT REPAIR PROGRAM
Recommendation: Adopt a resolution authorizing the City Manager to execute an amendment to Team Ghilotti, Inc.’s contract with the Water Department, amending the yearly not-to-exceed amount of $460,000 to $920,000 per year, for the Water Department Paving Program.

Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
Action: Adopted Resolution No. 22-168 N.C.

L. ADOPT A RESOLUTION AUTHORIZING A BLANKET PURCHASE ORDER TO G3 ENGINEERING, INC. NOT TO EXCEED $250,000 FOR FISCAL YEAR 2022-2023 FOR ONGOING PURCHASES OF GOODS, SUPPLIES AND

EQUIPMENT RELATED TO THE CITY'S WATER TREATMENT AND

DISTRIBUTION SYSTEM
Recommendation: Adopt a resolution authorizing the City Manager to approve a blanket Purchase Order to G3 Engineering, Inc., not to exceed $250,000, for Regular City Council Meeting Minutes
September 27, 2022
Page | 5
Fiscal Year 2022-2023
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
Action: Adopted Resolution No. 22-169 N.C.

M. ADOPT A RESOLUTION AUTHORIZING A BLANKET PURCHASE ORDER TO REXEL USA NOT TO EXCEED $250,000 FOR FISCAL YEAR 2022-2023

FOR ONGOING PURCHASES OF GOODS, SUPPLIES AND EQUIPMENT

RELATED TO THE CITY'S WATER TREATMENT AND DISTRIBUTION
SYSTEM
Recommendation: Adopt a resolution authorizing the City Manager to approve a blanket Purchase Order to Rexel USA, not to exceed $250,000, for Fiscal Year 2022-2023
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
Action: Adopted Resolution No. 22-170 N.C.

N. ADOPT A RESOLUTION AUTHORIZING A BLANKET PURCHASE ORDER TO HACH COMPANY NOT TO EXCEED $125,000 FOR FISCAL YEAR 2022- 2023 FOR ONGOING PURCHASES OF GOODS, SUPPLIES AND

EQUIPMENT RELATED TO THE CITY'S WATER TREATMENT AND

DISTRIBUTION SYSTEM
Recommendation: Adopt a resolution authorizing the City Manager to approve a blanket Purchase Order to Hach Company, not to exceed $125,000, for Fiscal Year 2022-2023
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
Action: Adopted Resolution No. 22-171 N.C.

O. ADOPT RESOLUTION AMENDING JUSTICE ASSISTANCE GRANT FUND# 149 FISCAL YEAR 2022-23 BUDGET TO APPROPRIATE $900,000 FOR THE MOBILE MENTAL HEALTH RESPONSE UNIT PILOT PROGRAM (STEP 2 of 2)
Recommendation:

Adopt a resolution amending Justice Assistance Grant Fund# 149 Fiscal Year 2022- 23 Budget to recognize revenues and appropriate expenditures in the amount of $900,000 for the Mobile Mental Health Response Unit Pilot Program.

Contact: Shawny K Williams, Chief of Police (707) 648-4540 [email protected]
Action: Adopted Resolution No. 22-172 N.C.

9. ACTION CALENDAR
A. RECEIVE RESULTS OF VALLEJO POLICE DEPARTMENT

HEADQUARTERS FEASIBILITY ANALYSIS AND PROVIDE DIRECTION ON Regular City Council Meeting Minutes
September 27, 2022
Page | 6

NEXT STEPS
Recommendation: Receive and file the results of an updated Vallejo Police headquarters feasibility analysis for the JFK and 400 Mare Island Way buildings, and provide staff with additional direction.

Contact: Terrance Davis, Assistant City Manager (707-648-4301) [email protected]
Assistant City Manager Davis provided introductory comments, outlined the recommendation and requested Council provide staff with direction in terms of next steps.

Mr. Playle, AIA, Principal for Indigo-Hammond & Playle Architects, LLP provided an overview of the feasibility analysis
Staff responded to questions from Councilmembers.

Speakers: Daniel B., Phillip B., Andrea Sorce, Paula C., Barbara G., Dan L., Beverly M., Jethroe M., Gretchen Zimmerman, Anne Carr, Melissa Swift, Kenneth P., Jameelah Hanif, Roz Roberts, and Lula Smith Another question and answer period followed. Councilmembers provided comment and direction to staff in terms of next steps.

By Council consensus, considerations were completely removed for 400 Mare Island Way to be an option for the new PD Headquarters.

Mayor McConnell requested the need to explore financial analysis for feasibility of a special assessment district for both the JFK Library building and 111 Amador Street and directed staff to seek guidance from Finance Director Nayar regarding financial assessment districts. In addition, Mayor McConnell requested immediate relocation of PD Dispatchers to either the JFK Library pending renovation or modules in 111 Amador.

As proposed by Vice Mayor Verder-Aliga with support from Councilmembers Brown, Dew and Miessner, it was recommended the new PD headquarters be relocated to the JFK Library building and the Library to be relocated to 400 Mare Island Way.

10. INFORMATION CALENDAR – None.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT
City Attorney Nebb reported her office met with Common Ground on their Police Oversight Model proposal and noted they will be continuing to the next phase and will be drafting an ordinance to be brought to City Council for consideration and approval next month.

Regular City Council Meeting Minutes
September 27, 2022
Page | 7

13. COMMUNITY FORUM
Speakers: Gretchen Zimmerman, Anne Carr, and Kenneth P.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events and meetings attended.

15. ADJOURNMENT
The meeting adjourned at 10:52 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
CONSENT CALENDAR 8.C.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Michael Nimon, Economic Development Director
Erin Hanford, Economic Development Program Manager
SUBJECT: NOTICE OF INTENT TO AMEND FY 2022-23 BUDGET TO APPROPRIATE EXPENDITURE OF $1,290,420.81 NAVY GRANT PROCEEDS

RECOMMENDATION
Approve the notice of intent to amend the Mare Island Conversion Fund #106 Fiscal Year 2022- 2023 Budget to appropriate Navy grant funds in the amount of $1,290,420.81 to be placed into the Environmental Services Cooperative Agreement (ESCA) Contingency Fund to pay for expenditures associated with the ongoing Mare Island Environmental Remediation Project.

REASONS FOR RECOMMENDATION
This appropriation will allow the City to accept the Navy grant funds provided via the Environmental Services Cooperative Agreement (ESCA) Eighth Amendment and the corresponding expenditure authorization that will provide continued Navy funding for the Lennar Mare Island and the City of Vallejo environmental remediation project on Mare Island.

Amending the budget requires a public notice of intent under the City's Charter Section 703 (step 1) prior to any action taken. A staff report and recommendation to amend the budget (step 2) will be presented to City Council at the next regularly scheduled City Council meeting.

BACKGROUND AND DISCUSSION
In April 2001, the City of Vallejo executed the Environmental Services Cooperative Agreement (ESCA) under which the Navy provided approximately $79 Million of grant funds for the environmental remediation of the 650 acres Eastern Early Transfer Parcel (EETP) on Mare Island. Per the terms of the ESCA, the City assumed the responsibility for remediation of the known hazardous sites and the Navy provided grant funds for the cost of the remediation work. The City then transferred its obligations to perform the remediation work to Lennar Mare Island (LMI) with the execution of the Mare Island Remediation Agreement (MIRA).

Since the execution of the original ESCA, the Navy has provided additional grant funding for the Mare Island environmental remediation project via the First, Second, Third, Fifth, Sixth and Seventh Amendments to the ESCA, totaling approximately $14.6M. The Fourth Amendment to the ESCA provided approximately $31M in environmental remediation funds from a settlement agreement, however these funds are earmarked for the remediation of the remaining unknown conditions detailed in the settlement agreement. The other ESCA amendments, including the Eighth Amendment dated September 30, 2022, direct Navy grant funds for the original known environmental remediation sites.

The Mare Island ESCA funds are held in two Trust escrow accounts, one for the known conditions and one for the unknown conditions. As of March 31, 2022, the ESCA Trust Accounts totals are as follows:

- Known Conditions ESCA Trust Account - Approximately $3.9 M - Unknown Conditions ESCA Trust Account - Approximately $12.1 M

Date: October 11, 2022
Subject: NOTICE OF INTENT TO AMEND FY 2022-23 BUDGET TO APPROPRIATE EXPENDITURE OF $1,290,420.81 NAVY GRANT PROCEEDS

Page 2 ends

Under the terms of the Eighth amendment to the ESCA, the Navy will provide $1,290,420.81 in additional grant funds needed to perform the following work:

• IA C1 - IWPS4/OWS T-2/IR03 Groundwater Monitoring and Program/Project Management through 2024 • IA C1 - IR15 additional remedial activities, including discussions with regulatory agencies, additional well installations, additional soil gas activities and groundwater monitoring through 2024. • IA C2 - Program/Project Management through 2024
• Other IAs (IA D1.3-Central) - Program/Project Management through 2024

These grant funds will be deposited into the Known Conditions ESCA Trust Account to be made available to the City and LMI solely to fund the cost of remediating remaining known conditions on Mare Island. These Navy grant funds cannot be used for any other purposes.

FISCAL IMPACT
Approval of this item will increase FY 2022-23 expenditures by the amount of Environmental Remediation Services performed up to the $1,290,420.81 of Navy grant proceeds.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
None

CONTACT
Michael Nimon, Special Advisor to City Manager/Economic Development Director (707) 649-5452 [email protected]
CONSENT CALENDAR 8.D.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022/2023 CALIFORNIA

VIOLENCE INTERVENTION AND PREVENTION GRANT GENERAL FUND BUDGET TO

RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES IN THE AMOUNT OF $1,541,292

RECOMMENDATION
Adopt a Resolution amending the Fiscal Year 2022/2023 California Violence Intervention and Prevention Grant General Fund budget to recognize revenue and appropriate expenditure in the amount of $1,541,292.

REASONS FOR RECOMMENDATION
Staff recommends the amendment of the grant to expand the department's strategic approach to crime reduction while building public trust through the integration of enforcement strategies with community-based crime reduction efforts. Funding from this grant will supplement the Byrne Criminal Justice Innovation Program funds received for Project HOPE (Harm-focused Outreach, Prevention, and Engagement).

This is the second step in a two-step process to amend the budget.

BACKGROUND AND DISCUSSION
The Board of State and Community Corrections published a request for proposal for the California Violence Intervention and Prevention (CalVIP) Grant on November 19, 2021. Approximately $209,650,000 was available through a competitive process. The maximum allowable grant amount for an individual application was up to $6,000,000. A local match of 100% (cash or in-kind) was required, as well as a 50% pass-through to community-based organizations. The proposal was due on February 11, 2022. The City of Vallejo was notified that its proposal for the expansion of Project HOPE, in the amount of $1,541,292, was awarded for funding.

The City of Vallejo’s Project HOPE (Harm-focused Outreach, Prevention and Education) includes a comprehensive violence reduction framework to address gun and gang violence and community-police relations. Centered on youth and young adults, Project HOPE establishes comprehensive, community-based, and equitable access to justice, services, and career opportunities through place-based programming designed to prevent, interrupt, and mitigate violence. Evidence-based, trauma-informed violence intervention services through wraparound case management, family education and engagement, youth diversion, neighborhood revitalization and on-the-job workforce training will repair relationships and reduce victimization.

Non-enforcement activities and Koper Curve hotspot policing will also take place.

In December 2021, the City of Vallejo Police Department received the Byrne Criminal Justice Innovation grant which funded the initial foundation for Project HOPE. The additional funding received from the BSCC CalVIP grant will allow the department to expand on the original services, including providing more funding to community-based organizations such as: Watch Me Grow, Impact Bible Ministries, Solano Advocactes for Victims of Violence, and Alternatives to Violence Project.

Date: October 11, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022/2023 CALIFORNIA

VIOLENCE INTERVENTION AND PREVENTION GRANT GENERAL FUND BUDGET

TO RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES IN THE AMOUNT OF $1,541,292

Page 2 ends

The grant service period begins on July 1, 2022 and ends on June 30, 2025.

FISCAL IMPACT
If approved, the City will receive $1,541,292 for Project HOPE over the three-year grant period. The required 100% local match (cash or in-kind) will be met through the department's current Project HOPE activities funded through the Bryne Criminal Justice Innovation grant and in-kind or cash matches as agreed upon by various community-based organizations. There is a 50% pass-through requirement to community-based organizations which is outlined in the grant's budget.

ATTACHMENTS

1. CALVIP Resolution Amending Budget CAO Stamp

CONTACT
Shawny K. Williams, Chief of Police (707) 648-4540
[email protected]
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2022/2023 BUDGET TO RECOGNIZE REVENUE FROM THE 2022 CALIFORNIA VIOLENCE INTERVENTION & PREVENTION GRANT PROGRAM IN THE AMOUNT OF $1,541,292 AND APPROPRIATE EXPENDITURES OF $1,541,292
WHEREAS, on June 14, 2022, the City Council adopted a budget for the Fiscal Year 2022/2023; and
WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week's notice of intention to do so said notice being provided at the September 27, 2022 City Council meeting; and WHEREAS, the City of Vallejo Police Department has subsequently received and accepted a grant totaling $1,541,292 from the Board of State Community Corrections California Violence Intervention & Prevention (CalVIP) 2022 Grant Program; and WHEREAS, the City of Vallejo will utilize the funding to expand Project HOPE (Harm-focused Outreach, Prevention and Education) in partnership with Solano Advocates for Victims of Violence, Watch Me Grow, Impact Bible Ministries, and Alternatives to Violence.

NOW, THEREFORE, BE IT RESOLVED that the Council hereby recognizes the CalVIP Grant award and amends the City's budget for the Fiscal Year 2022/2023 by adding $1,541,292 to the General Fund and appropriates the expenditure thereof.

CONSENT CALENDAR 8.E.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Chari Barrera, Administrative Manager
SUBJECT: RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE OF INTENT TO

AMEND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FOR FISCAL YEAR 2022-23

RECOMMENDATION
Receive and file the City Manager's request and provide a notice to amend the Community Development Block Grant (CDBG) Program Budget for Fiscal Year (FY) 2022-23 in the amount of $1,049,156.00.

REASONS FOR RECOMMENDATION
Amending the budget requires a public notice of intent (step 1 of 2) under the City's Charter Section 703 prior to any action taken. A staff report and recommendation to amend the budget (step 2 of 2) will be presented to the City Council at the next regularly-scheduled City Council meeting.

BACKGROUND AND DISCUSSION
On June 14, 2022, the City Council held a final public hearing, took public input on the FY 2022-23 Budget for the period beginning July 1, 2022, and ending June 30, 2023, and approved a Resolution Adopting the FY 2022-23 Budget for the City of Vallejo, which includes the CDBG Program proposed budget.

On June 28, 2022, the City Council approved the FY 2022-23 Annual Action Plan (AAP), a report required by the U.S. Department of Housing and Urban Development (HUD), which includes CDBG Program activities and allocations based on the actual CDBG Program grant amount in HUD’s Formula Program Allocation letter.

The CDBG Program budget allocation amounts in the FY 2022-23 Annual Action Plan were slightly different from amounts in the FY 2022-23 Adopted Budget due to the timing of the receipt of HUD's Formula Program Allocation letter. The intent of this budget amendment is to align the CDBG Program budget amounts in the FY 2022-23 Adopted Budget and in the City's accounting system with the amounts in the AAP.

FISCAL IMPACT
As these are federal funds, there would be no fiscal impact on the City of Vallejo's General Fund.

Staff is providing a notice of intent to amend the FY 2022-23 Community Development Block Grant Program budget. A future recommended action to amend the budget will include the anticipated fiscal impact associated with the recommended budget change in the amount of $1,049,156 from $1,019,533.

Date: October 11, 2022
Subject: RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE OF INTENT TO

AMEND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FOR FISCAL YEAR 2022-23

Page 2 ends

ATTACHMENTS
None

CONTACT
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
CONSENT CALENDAR 8.F.

AMEND THE HOME INVESTMENT PARTNERSHIPS PROGRAM BUDGET FOR FISCAL YEAR 2022-23

RECOMMENDATION
Receive and file the City Manager's request and provide a notice of intent to amend the HOME Investment Partnerships ("HOME") Program Budget for Fiscal Year (FY) 2022-23 in the anticipated amount of $730,390.

On June 28, 2022, the City Council approved the FY 2022-23 Annual Action Plan (AAP), a report required by the U.S. Department of Housing and Urban Development (HUD), which includes HOME Program activities and allocations based on the actual HOME Program grant amount in HUD’s Formula Program Allocation letter.

The HOME Program budget allocation amounts in the FY 2022-23 Annual Action Plan were slightly different from amounts in the FY 2022-23 Adopted Budget due to the timing of the receipt of HUD's Formula Program Allocation letter. The intent of this budget amendment is to align the HOME Program budget amounts in the FY 2022-23 Adopted Budget and in the City's accounting system with the amounts in the AAP.

FISCAL IMPACT
As these are federal funds, there would be no fiscal impact on the City of Vallejo's General Fund.

Staff is providing a notice of intent to amend the FY 2022-23 HOME Investment Partnerships Program budget.

A future recommended action to amend the budget will include the anticipated fiscal impact associated with the recommended budget change in the amount of $730,390.00 from $778,061.00.

Date: October 11, 2022
Subject: RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE OF INTENT TO

AMEND THE HOME INVESTMENT PARTNERSHIPS PROGRAM BUDGET FOR FISCAL YEAR 2022-23

Page 2 ends

foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
None

CONTACT
Gillian Hayes, Interim Assistant City Manager (707) 648-4163 [email protected]
CONSENT CALENDAR 8.G.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND

WATERWAYS AND PROVIDE NOTICE OF THE INTENT TO AMEND THE MARINA FUND BUDGET FOR FISCAL YEAR 2022-2023 TO RECOGNIZE THE GRANT REVENUE AND AUTHORIZE EXPENDITURES FOR PWM08 MARINA ABANDONED BOAT PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a grant agreement with the California Department of Boating and Waterways and provide notice of the intent to amend the Marina fund budget for fiscal year 2022-2023 to recognize the grant revenue and authorize expenditures for PWM08 Marina Abandoned Boat Project.

REASONS FOR RECOMMENDATION
The Vallejo Municipal Marina applied for the FY 2022-23 Surrendered and Abandoned Vessel Exchange (SAVE) grant and has been awarded $150,000 to remove abandoned, submerged, sinking, and/or surrendered recreational vessels. Per requirement of the grant, the California State Parks Division of Boating and Waterways must be in receipt of a City Council approved Resolution authorizing execution of the agreement.

Per City Charter Section 703, amending the budget requires a public notice of intent prior to any action taken. A staff report recommending amendment of the budget will be presented to City Council at the next regularly scheduled City Council meeting on October 25, 2022.

BACKGROUND AND DISCUSSION
In 1998, the California State Parks Division of Boating and Waterways created the Abandoned Watercraft Abatement Fund (AWAF). This fund provided grant monies to public agencies for the purpose of removing, storing, and disposing of abandoned, wrecked, or dismantled recreational vessels or any other partially submerged objects that posed substantial hazards to navigation. In 2010, the agency created the Vessel Turn- In Program (VTIP) that was designed to reduce abandoned recreational vessels and marine debris. VTIP allowed registered owners to “turn-in” unwanted vessels to approved agencies at no cost or penalty to the owner. In 2016, the AWAF and VTIP grants were combined in the Surrendered and Abandoned Vessel Exchange (SAVE) program. The SAVE is a competitive grant, and awarded agencies are required to participate in both services - disposal of abandoned and turned-in recreational vessels.

The Vallejo Municipal Marina periodically removes vessels that have been abandoned within the Marina, on City roadways, or in City parking lots. These abandoned vessels often block navigable waterways, occupy valuable berthing space, result in poor aesthetics, and can adversely impact the environment.

City staff initiate a possessory lien process, as authorized under the Harbors and Navigation Code, which allows the City to dispose of these vessels. Staff are often contacted by vessel owners wishing to relinquish ownership and hand over their vessels. The Vallejo Municipal Marina attempts to sell abandoned and turned-

Date: October 11, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND

WATERWAYS AND PROVIDE NOTICE OF THE INTENT TO AMEND THE MARINA FUND BUDGET FOR FISCAL YEAR 2022-2023 TO RECOGNIZE THE GRANT REVENUE AND AUTHORIZE EXPENDITURES FOR PWM08 MARINA ABANDONED

BOAT PROJECT

Page 2 ends

in vessels through the auction process. Vessels not sold at auction are disposed.

The Vallejo Municipal Marina has applied for and been awarded funding through the AWAF, VTIP, and SAVE grant programs in previous years. Typically, all funding awarded is expended by the end of the grant term. An application for the FY 2022-23 SAVE grant was submitted by staff in April 2022.

Notification was received from the California State Parks Division of Boating and Waterways on August 12, 2022, that grant funding up to $150,000 has been awarded to the Vallejo Municipal Marina. The agreement is effective from the date it is fully executed through September 30, 2024. Grant funding can be used to reimburse the cost of disposing vessels that are registered as being recreational only. The grant will not reimburse the cost for disposal of commercial vessels.

Approval of the Resolution will authorize the City Manager, or his designee, to execute the grant agreement.

This is the first step in the two-step process to amend the FY 2022-23 Marina Fund Budget. A detailed staff report and draft resolution will be presented to City Council for consideration at the next regular meeting.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2022-23 Marina Fund Budget will include the anticipated increase of $150,000 in both revenue and expenditure budgets of the fund.

As a requirement of the SAVE grant, the Vallejo Municipal Marina is obligated to contribute 10% ($15,000) of the costs associated with the disposal of abandoned and turned-in vessels. The match will be made with existing Marina Fund budget and can be accomplished in the form of in-lieu contributions associated with the staff time spent securing, moving and removing vessels.

ATTACHMENTS

1. Resolution - Execute SAVE Grant Agreement 10.11.22_CAO Stamp

2. SAVE 22 Grant Agreement

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4301
[email protected]
RESOLUTION NO. 22- _____ N.C.

RESOLUTION TO EXECUTE SAVE GRANT AGREEMENT
WHEREAS, the California State Parks Division of Boating and Waterways created the Surrendered and Abandoned Vessel Exchange (SAVE) grant to assist public agencies with the removal and disposal of boats, ships, vessels, and other watercraft in an unseaworthy or dilapidated condition which are abandoned upon publicly owned submerged lands, salt marsh, or tidelands; and
WHEREAS, the Vallejo Municipal Marina applied for the FY 2021-22 SAVE grant and was awarded up to $150,000; and
WHEREAS, the SAVE grant requires a ten percent matching cash or verified in-kind contribution; and
WHEREAS, the California State Parks Division of Boating and Waterways requires the City Council, by resolution, to authorize the execution of the grant agreement; and WHEREAS, on October 11, 2022, notice of intent to amend the Marina Fund budget to recognize the grant revenue and authorize expenditure of funds in PWM08 Marina Abandoned Boat Project was given to the City Council.

NOW, THEREFORE BE IT RESOLVED that the City of Vallejo City Council does hereby authorize the City Manager or designee to execute the SAVE grant agreement with the California State Parks Division of Boating and Waterways.

BE IT FURTHER RESOLVED that a Notice of Intention to amend the Marina Fund budget was provided to the City Council on October 11, 2022 and a staff report with recommendation to amend the budget will be presented to City Council at the next regularly scheduled City Council meeting on October 25, 2022.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 11, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR

ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
State of California – Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DIVISION OF BOATING AND WATERWAYS

GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE: Vallejo Municipal Marina
GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-22) GRANT AMOUNT: $150,000.00
GRANT NUMBER: C22S0609
GRANT TERM: _______________ through September 30, 2024
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A “Project Representatives”, Exhibit B “Grant Terms and Conditions”, Exhibit C “General Terms and Conditions”, Exhibit D “Grantee Certification Clauses”, Exhibit E “Darfur Contracting Act”, Exhibit F “Application/Scope of Work”.

Grantee:

Vallejo Municipal Marina
Address: 42 Harbor Way,
Vallejo, Ca 94590
Authorized Signature:

Printed Name:

Title of Authorized
Representative:

Date:

Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Ron Kent
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA 95652
Authorized Signature:

Printed Name: Keren Dill
Title:

Staff Services Manager II
Date:

CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: Vallejo Municipal Marina
GRANT TITLE: FY 2022/23 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $150,000.00
GRANT NUMBER: C22S0609
END DATE: September 30, 2024

AGREEMENT NO
C22S0609

AMENDMENT NO

SUPPLIER ID
0000007879

PROJECT NO
3790OTHER
AMOUNT

ENCUMBERED BY

THIS DOCUMENT
$150,000.00

FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-22)

AGENCY BILLING CODE NO
053706

REPORTING

STRUCTURE
37900709
Approp. Ref. Fund
3790-101-0577

CHAPTER
43 STATUTE
2022

FISCAL YEAR
2022/23

BUSINESS UNIT
3790
INDEX
N/A

PROGRAM
2855023

ACTIVITY CODE
69993

ACCOUNT
5432000
Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
__________________________________________________________________________ Page: 2 of
4242

STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296
_________________________________________________________________________________

SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2022/23

EXHIBIT A - PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: Vallejo Municipal Marina State Agency:

Division of Boating and Waterways
Grantee (Agency Name):

Vallejo Municipal Marina
Name: Ron Kent Grantee Representative*: Debbie Martir
Title: Program Administrator Title: Administrative Analyst Address:
4940 Lang Ave., Dock H, Administration, Floor 12
McClellan, CA 95652
Mailing Address:
42 Harbor Way,
Vallejo, Ca 94590
Remit to Address:

Phone: (916) 209-8821 Phone: (707) 648-4471
Fax: Fax:

Email: [email protected] Email: [email protected] * Grantee representative information may only be changed by giving 30 days written notice to DBW.

DESCRIPTION PAGE

EXHIBIT B GRANT TERMS AND CONDITIONS

1. PURPOSE OF THE PROGRAM 6

2. RIGHT OF INSPECTION 7

3. ANNUAL MEETING 7

4. TIMELINES 7

5. HAZARDOUS MATERIALS 7

6. TITLES AND LIENS 7

7. GRANTEE CITATIONS - ABANDONED VESSELS 7

8. MEDIA 7

9. MEDIA MATERIALS RELEASE 8

10. PERMITS AND DOCUMENTATION 8

11. SECURING OF BIDS 9

12. CONTRACTS WITH SERVICE PROVIDERS 9

13. SUBCONTRACTORS 9

14. TRAFFIC CONTROL AND TRAFFIC SAFETY 9

15. AIR OR WATER POLLUTION VIOLATION 9

16. ENTIRE AGREEMENT 9

17. APPROVAL OF AGREEMENT AND AMENDMENTS 9

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT 10

19. AUTHORITY TO CONTRACT 10

20. COMPLIANCE WITH LAW AND REGULATIONS 10

21. INDEPENDENT CONTRACTOR 10

22. INSURANCE REQUIREMENTS 10

23. TERMINATION 13

24. ASSIGNMENT 13

25. MATCHING 10% REQUIREMENT 13

26. BUDGET DETAIL AND PAYMENT PROVISIONS 14

27. BUDGET CONTINGENCY CLAUSE 16

28. INDEMNIFICATION 16

29. FUNDS ASSIST 17

30. FUNDS ASSIST INDEMNIFICATION 18
Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
__________________________________________________________________________ Page: 4 of
4242

31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW 18

32. ANTI-CORRUPTION 18
EXHIBIT C GENERAL TERMS AND CONDITIONS 19
EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23
EXHIBIT E DARFUR CONTRACTING ACT 27
Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
__________________________________________________________________________ Page: 5 of
4242

EXHIBIT B - GRANT TERMS AND CONDITIONS

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM

1. PURPOSE OF THE PROGRAM:
a. Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of:
(1) Abandoned property as described in HNC 522 (below) within Grantee’s jurisdiction as listed in Exhibit A.

HNC Section 522: “Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property.”
(2) Surrendered vessels as defined in HNC 526.1
HNC Section 526.1: “surrendered vessel” means a recreational vessel that the verified titleholder has willingly surrendered to a willing public agency under both of the following conditions:
(a) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(b) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.”
(3) Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.
b. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. c. If Grantee is reimbursed for the costs related to the surrender, abatement, removal, storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard, then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Vessels listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency’s need for funding, not an approval that the individual Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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vessels are eligible for SAVE funding.

2. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement.

3. ANNUAL MEETING
Grantee’s representative or alternate shall participate in an annual grant management and regional coordination one-day video or phone conference conducted by DBW during the term of this agreement. Should the Grantee or representative be unable to attend the meeting and cannot provide a substitute from the agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. DBW must grant approval in writing in order for the Grantee not to be in breach of this Agreement for failure to attend.

Grantee agrees to complete the scope of work submitted in its application in a timely fashion.

4. TIMELINES
Grantee agrees to complete the scope of work submitted in its application in a timely fashion.

5. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos, and similar substances, prior to the removal of any vessel and water hazard pursuant to this Agreement.

Grantee shall be responsible for the proper and lawful handling, abatement, removal, storage, and/or disposal of any hazardous substances encountered in the execution of this Agreement.

6. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of this Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title search for all vessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors and Navigation Code section 526.1 in the performance of this Agreement, requiring that a surrendered vessel be that of the “verified titleholder.” c. Grantee shall comply with all Department of Motor Vehicles notification requirements related to the disposal of vessels and trailers.

7. GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall, in accordance with HNC 525(a–c), issue the last registered vessel owner a citation for abandoning a vessel and impose a fine of not less than $1,000 nor more than $3,000 for violation of this section.

8. MEDIA
Grantee agrees to acknowledge DBW’s financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material.

9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as “DBW”), the non-exclusive, royalty-free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as “Photographs”), that the Grantee has submitted to DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW’s AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.

Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be paid for any use or right granted herein.

Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.

Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement.

10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law.

11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts under this Agreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitations for bid and independent cost estimates.

12. CONTRACTS WITH SERVICE PROVIDERS
All contracts/executed agreements with service providers for which grantee will seek reimbursement must be in writing and shall be executed (signed) prior to commencement of any and all work completed. Grantee will provide to DBW copies of all executed agreements with service providers who are performing work funded by this SAVE grant. Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C22SXXXX) must appear on the certificate of insurance.

13. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all of its contractors and subcontractors hold a valid business license and carry general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement; and Grantee agrees that if any of Grantee’s contractors or subcontractors fail to fulfill any of these requirements, that Grantee itself carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement, whether performed by the Grantee, Grantee’s contractor(s), or Grantee’s subcontractor(s). Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C22SXXXX) must appear on the certificate of insurance.

14. TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shall provide for adequate traffic control and safety measures at any site where Grantee and its subcontractors will perform any work under this Agreement.

15. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

16. ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required.

17. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Commencement of Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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performance prior to approval of this Agreement will be at the Grantee’s own risk.

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this agreement.

19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.

Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement.

20. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers’ Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. section 12101 et seq.

21. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California.

22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general liability insurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Office of Risk and Insurance Management (ORIM).
a. GENERAL PROVISIONS APPLYING TO ALL POLICIES
(1) Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the DBW at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the grant.
(2) Policy cancellation or termination & notice of non-renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the DBW. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the DBW may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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this Agreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
(4) Primary clause
Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. (5) Insurance carrier required rating
All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. (7) Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of subcontractor’s insurance to the State when requested equal to policies, coverages, and limits required of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent subcontractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee’s limit of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

In the case of Grantee’s utilization of subcontractors to complete the Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. (2) Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non- owned motor vehicles.
(3) Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft (owned, hired or non-owned). The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed that is connected with or related to the activities contemplated in this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
(4) Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under agreement with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate.

If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this agreement, Grantee acknowledges compliance with these regulations.
c. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this agreement. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials.

Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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d. SELF INSURANCE
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information including a letter of credit may be required. The DBW reserves the right to request financial information.
e. STATEMENT OF INSURANCE COVERAGE:

Grantee certifies and agrees that they have all required insurance coverages as stated in the grant agreement, which will be in effect for the entire term of the agreement.

Approver initials : Date:

Name:

Title:

23. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days written notice.
c. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately discontinue all removal and disposal activities affected, unless the notice directs otherwise. In such event, DBW shall pay Grantee only for removal and disposal activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced funds. At DBW’s sole discretion, DBW may offer an opportunity to cure any breach prior to terminating for default.

24. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.

25. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.”
b. The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kind contributions from agency’s personnel hours (net hourly rate only with no benefits included) for work completed directly toward SAVE program objectives. Other SAVE-related expenses may be used with advance DBW approval in writing.
c. If using personnel hours for in-kind match, only net, raw hours will be accepted, and Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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verification of in-kind contribution is required with reimbursement request(s). The statement of in-kind hours must be on the form provided by DBW through the Online Grants Application (OLGA), or available upon request, and must include:
(1) Activity date
(2) Vessel/issue name or description
(3) Personnel name
(4) Description of SAVE program service provided
(5) Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
(6) Hourly rate and total value
d. The burden of proof in complying with the 10-percent contribution requirement is the responsibility of the grantee. Funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10-percent contribution requirement for each disbursement.
26 BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
(1) DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels:
(a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feet at low water are not eligible without prior DBW approval.
(b) Mast and/or rigging removal if vessel is in waters greater than 15 feet deep at low water.
(c) Vessel removal from accessible locations
(d) Hazardous materials (hazmat) removal and disposal
(e) Towing
(f) Storage
i. Without lien sale: 60 days maximum
ii. With lien sale: 90 days maximum with justification
iii. If stored onsite at Grantee’s facility, 50% of the normal rate of charge to the public will be reimbursed, and fee schedule is required for verification.
(g) Lien sale expenses: fees charged by lien sale service companies, postage, DMV fees, and advertising costs
(h) Public notice advertising
(i) Vessel appraisal
(j) Salvage and demolition
(2) DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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subcontractors, within the scope of the SAVE program for surrendered vessels:
(a) Vessel and/or hazardous material removal and disposal (b) Towing from grantee’s facility to landfill
(c) Demolition
(3) Other expenses may be considered with advance written approval from DBW.
(4) Ineligible expenses include hand tools, consumables, grantee direct staffing, time and materials from subcontractors, etc. without prior written approval from DBW.
b. Reimbursement claim forms:

Reimbursement claim forms are available in DBW’s Online Grant Application System (OLGA) or upon request. Grantee must sign and date each reimbursement claim in blue ink and submit with the following documents to DBW:
(1) Invoices from service providers, contractors and/or subcontractors to Grantee:

Invoices must contain the following:
(a) Name and address of Grantee
(b) Contract or invoice number
(c) Description of service performed
(d) Date the service was performed
(e) Location of each service
(f) Vessel name, CF# or HIN# if available; otherwise, description of vessel (2) Proof of payment for all invoices.

The following acceptable forms of proof are:
(a) Cancelled check (with bank’s cancelled stamp on back of check copy) (b) Copy of credit card statement charge slip
(c) Invoices from service provider showing zero balance. (d) Proof of Accounting Clearing House (ACH) or Electronic transfer showing date, amount and transaction confirmation number. (3) 10% in-kind match contribution statement:
(a) If Grantee is matching the 10% requirement with in-kind services, complete the DPR265 Itemized 10% In-kind Contribution Statement located in OLGA or available upon request.
(b) Only net hourly rates will be accepted. Grantee must include verification of net rates with first claim and each time rates change. (4) Photos of vessels (Required)
(a) One photo showing where the vessel where it was abandoned and the CF or HIN number (if available). If the CF number is not visible/available, photo must show description used on clam form.

Photos of surrendered vessels need to show the CF or HIN number, if available.
(5) For Surrendered Vessels ONLY:

Statement of Vessel Release of Interest and Ownership: to be completed Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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and signed by vessel owner(s) and SAVE agency representative (SAVE AGENCY ONLY section). DBW release form can be downloaded from OLGA.

One proof of vessel ownership must be provided. This can be a copy of the Certification of Ownership (title/pink slip or Coast Guard document) signed by the owner, DMV registration form; or a DMV issued junk slip. Power of Attorney or DMV issued marina lien documents the marina has legal interest are also acceptable. Keep the originals and provide DBW with copies.

NOTE: Vessel ownership verification is required; however, it is not required that boat owners bring their registration up to date to surrender their vessel through the VTIP.
(6) DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incident reports, CLETS printouts, internal routing forms, accounting journals, etc.
c. Submit one (1) hard copy and one (1) electronic copy of each reimbursement claim form and all supporting document to:

Division of Boating and Waterways
4940 Lang Avenue H Block
McClellan Park, CA 95652
Attention: SAVE Unit
Email: [email protected]
d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shall result in forfeiture o
e. All requests for payment must be submitted to DBW no later than 45 days after the expiration date of the agreement. DBW is not o

27. BUDGET CONTINGENCY CLAUSE
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program; this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the reduced amount.

28. INDEMNIFICATION
Grantee shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.

29. FUNDS ASSIST
The Funds Assist process has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within three (3) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW’s discretion.

The Funds Assist process works as follows:
a. An introduction is made by DBW between the agency with excessive funds (Agency A) and the agency in need (Agency B).
b. A deadline shall be imposed by DBW for the work to be completed by Agency B. c. Agency B pays for all contractor invoices, as is required with the SAVE grant. d. The 10% required match is the obligation of Agency B and may be met with cash, in- kind services, or a combination of both.
e. To obtain reimbursement, Agency B will be required to supply the following to Agency A:
(1) A Tax Identification Form (W-9)
(2) All requirements/documents apply as outlined in this agreement under #24 (3) A statement on Agency B’s letterhead invoicing Agency A for the total reimbursement request.
(4) Copies of completed forms and support documents to DBW for pre- approval.
f. Agency A completes the following actions:
(1) Upon approval by DBW, pay Agency B the invoiced amount within 30 days and record as a pass-through grant (or use your accounting method preference).
(2) Complete DBW’s Abandoned Vessel and/or Surrendered Vessel Reimbursement Claim Form and attach all supporting documents as listed in item b, c & d above, including the verification of payment to Agency B i.e., cancelled check or statement from Agency B of payment received. (3) Email the documents to the DBW program administrator for review. Once reviewed and approved, send finalized claim forms to DBW for payment processing.

DBW will act as a courtesy liaison between the agencies to ensure (as much as possible) that documents are correctly processed.

30. FUNDS ASSIST INDEMNIFICATION
Grantee and sub grantee (hereafter known an Agency A and Agency B respectively) shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Agency A and B, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Agency A and B’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.

If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for removal project, and receives assistance through the Funds Assist process, all provisions of the SAVE grant applies.

Approver initials: ________________ Date: ______________________ Name: __________________________________________________ Title: __________________________________________________

31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90 days of the date of issuance according to the instructions issued by DBW with the grant agreement. If extenuating circumstances prevent the ability of the agency to meet this deadline, approval from DBW must be obtained in writing. DBW retains the right to determine approval or denial of extensions.

32. ANTI-CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence of a Grantee’s SAVE grant, or inquires about the amount/balance of a SAVE grant in order to increase their fee(s), for possible investigation of price gouging. A two year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL:

This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained.

2. EFFECTIVE DATE:

Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not required, this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date.

3. AMENDMENT:

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

4. ASSIGNMENT:

This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.

5. AUDIT:

Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION:

Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement.

7. DISPUTES:

Grantee shall continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE:

The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand.

9. RECYCLING CERTIFICATION:

The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.

Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES:

The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS:

Time is of the essence in this Agreement.

13. COMPENSATION:

The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.

14. GOVERNING LAW:

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS:

The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT:

For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION:

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS:

If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER:

If this agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D

GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.

Grantee Agency Name (Printed)
Vallejo Municipal Marina
Federal ID Number
94-6000448
By (Authorized Signature)
Printed Name and Title of Person Signing
,
Date Executed
Executed in the County of
Solano

GRANTEE CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE:

Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS:

Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and,
(4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
(1) receive a copy of the company's drug-free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:

Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.

Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.

5. EXPATRIATE CORPORATIONS:

Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS:

For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY:

For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST:

Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (PCC 10410):

No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (PCC 10411):

For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION:

Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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3. AMERICANS WITH DISABILITIES ACT:

Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. GRANTEE NAME CHANGE:

An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.

Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 days written notice on Grantee’s letterhead.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION:

A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all Grantees that are not another state agency or other governmental entity.

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EXHIBIT E – DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).

The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.

SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed)
{grantee_name}
Federal ID Number
{fed_id}
By (Authorized Signature)
{agy_sign_name}
Date
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed)
{grantee_name}
Federal ID Number
{fed_id}
By (Authorized Signature)
{agy_sign_name}
Date
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
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General
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ 1 Applicant Information
a. Applicant Name Vallejo Municipal Marina
b. Organizational Unit
c. Address 42 Harbor Way
d. Address 2
e. City Vallejo State Ca Zip 94590
f. Federal ID Number 94-6000448 DUNS
Number:

Unique Entity Id.
g. Agency Type
City
County
Federally or State Recognized Native American Tribe
District
Goals and Objectives
Based on an agencies application, DBW will prioritize funding according to agencies with the most need, cost efficient methods, and effective prevention strategies. Additionally, points are awarded for agencies that work with private marina owners in the prevention of abandoned vessels. 2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
b. Is implementing agency same as Applicant
Yes
No
c. Implementing Agency Name
d. Project Start Date Oct-01-2022 End Date Sep-30-2024
e. Amount of Funds Requested $150,000.00 Project Cost $165,000.00

3. Billing Address
If billing address is different than Applicant and/or Contact, please provide a. Billing Agency Name:

Address:

City: State: Zip:

Phone:

Project Administrator

Name
Marina Walker

Title
Program Administrator

Mailing Address
555 Santa Clara Street

City
Vallejo
State
CA
Zip
94590
Telephone
(707) 648-5251
Fax

E-mail Address
[email protected]
b.

Project Administrator

Name
Debbie Martir

Title
Administrative Analyst

Mailing Address
111 Amador Street

City
Vallejo
State
CA
Zip
94590
Telephone
(707) 648-4471
Fax

E-mail Address
[email protected]
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Minimum Qualifications

1. Does your agency have an enforcement program to address abandoned boats? Yes
No
If Yes, describe Per sections 2.68.220(F) and 2.68.230 of the City of Vallejo Municipal Code, the harbormaster is authorized to "take into custody any vessel, structure, timber, floating object, or property not lawfully present and found on or within the waters of the Vallejo Municipal Marina or shores adjacent thereto..." and "to cause or compel the removal of any such vessel form the marina." Further, the Vallejo Municipal Marina works closely with the City of Vallejo Police Department, Solano County Sheriff Marine Patrol Unit, and the US Coast Guard to combat abandoned vessel issues.

2. Attach ordinance, resolution, or municipal code authorizing your agency's involvement and its jurisdiction for prevention and removal of abandoned vessels and accepting surrendered vessels.
34289_0_229_Vallejo
Muni Marina Muni Code

2.68.220 F.pdf
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).

State Senate 01
State Senate 02
State Senate 03
State Senate 04
State Senate 05
State Senate 06
State Senate 07
State Senate 08
State Senate 09
State Senate 10
State Senate 11
State Senate 12
State Senate 13
State Senate 14
State Senate 15
State Senate 16
State Senate 17
State Senate 18
State Senate 19
State Senate 20
State Senate 21
State Senate 22
State Senate 23
State Senate 24
State Senate 25
State Senate 26
State Senate 27
State Senate 28
State Senate 29
State Senate 30
State Senate 31
State Senate 32
State Senate 33
State Senate 34
State Senate 35
State Senate 36
State Senate 37
State Senate 38
State Senate 39
State Senate 40

2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.

Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s).

State Assembly 01
State Assembly 02
State Assembly 03
State Assembly 04
State Assembly 05
State Assembly 06
State Assembly 07
State Assembly 08
State Assembly 09
State Assembly 10
State Assembly 11
State Assembly 12
State Assembly 13
State Assembly 14
State Assembly 15
State Assembly 16
State Assembly 17
State Assembly 18
State Assembly 19
State Assembly 20
State Assembly 21
State Assembly 22
State Assembly 23
State Assembly 24
State Assembly 25
State Assembly 26
State Assembly 27
State Assembly 28
State Assembly 29
State Assembly 30
State Assembly 31
State Assembly 32
State Assembly 33
State Assembly 34
State Assembly 35
State Assembly 36
State Assembly 37
State Assembly 38
State Assembly 39
State Assembly 40
State Assembly 41
State Assembly 42
State Assembly 43
State Assembly 44
State Assembly 45
State Assembly 46
State Assembly 47
State Assembly 48
State Assembly 49
State Assembly 50
State Assembly 51
State Assembly 52
State Assembly 53
State Assembly 54
State Assembly 55
State Assembly 56
State Assembly 57
State Assembly 58
State Assembly 59
State Assembly 60
State Assembly 61
State Assembly 62
State Assembly 63
State Assembly 64
State Assembly 65
State Assembly 66
State Assembly 67
State Assembly 68
State Assembly 69
State Assembly 70
State Assembly 71
State Assembly 72
State Assembly 73
State Assembly 74
State Assembly 75
State Assembly 76
State Assembly 77
State Assembly 78
State Assembly 79
State Assembly 80

3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.

Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s).

Congressional District 1
Congressional District 2
Congressional District 3
Congressional District 4
Congressional District 5
Congressional District 6
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Congressional District 7
Congressional District 8
Congressional District 9
Congressional District 10
Congressional District 11
Congressional District 12
Congressional District 13
Congressional District 14
Congressional District 15
Congressional District 16
Congressional District 17
Congressional District 18
Congressional District 19
Congressional District 20
Congressional District 21
Congressional District 22
Congressional District 23
Congressional District 24
Congressional District 25
Congressional District 26
Congressional District 27
Congressional District 28
Congressional District 29
Congressional District 30
Congressional District 31
Congressional District 32
Congressional District 33
Congressional District 34
Congressional District 35
Congressional District 36
Congressional District 37
Congressional District 38
Congressional District 39
Congressional District 40
Congressional District 41
Congressional District 42
Congressional District 43
Congressional District 44
Congressional District 45
Congressional District 46
Congressional District 47
Congressional District 48
Congressional District 49
Congressional District 50
Congressional District 51
Congressional District 52
Congressional District 53

4. County
Select one or more of the California Counties where the proposed project activities will occur.

Alameda
Alpine
Amador
Butte
Calaveras
Colusa
Contra Costa
Del Norte
El Dorado
Fresno
Glenn
Humboldt
Imperial
Inyo
Kern
Kings
Lake
Lassen
Los Angeles
Madera
Marin
Mariposa
Mendocino
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Riverside
Sacramento
San Benito
San
Bernardino
San Diego
San Francisco
San Joaquin
San Luis
Obispo
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta
Sierra
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

3. Jurisdictional Control
List All Waterbodies That Are In Your Jurisdictional Control and Fill in the Chart for Each - What are your primary responsibilities in your AOR - Objective 4: Existence of an active enforcement program Waterbody
Name
Acres or
square
miles in
this
waterbod
y that is
your
jurisdicti
on
What are the
corporate limits
of your agency's
jurisdictional
control in each
waterbody?
List the other
agencies who
share
jurisdictional
control in this
waterbody.

Identify
which
agency has
lead
jurisdiction
for
removing
abandoned
vessels and
accepting
surrendere
d vessels in
this
waterbody.

How often
does your
agency
monitor this
area?
Identify
your
primary
responsibili
ties in this
body of
water
Mare Island
Strait
1/2 mile City of Vallejo
owned docks that
extend into the
waterway.

USCG, Solano
County Sheriff
Dept. Marine
Patrol
USCG Daily Repair/mainte
nance of
docks that
extend into
waterway
Vallejo
Municipal
Marina
1/2 mile Agency
jurisdictional
control covers all
areas within the
marina.

USCG, Solano
County Sheriff
Dept. Marine
Patrol
City of Vallejo Daily Daily
operations
and
maintenance
of Marina
facility
Small Boat
Launch Ramp
1/4 mile Agency
jurisdictional
control covers
areas immediately
surrounding boat
launch area.

USCG, Solano
County Sheriff
Dept. Marine
Patrol
City of Vallejo Daily Daily
operations
and
maintenance
of boat
launch
parking lot
and facility

4. Staff Dedicated to Abandoned and Surrendered Vessel Activities Staff Dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active enforcement program
List staff assigned in their job duties to the removal of abandoned vessels, receipt of surrendered vessels.

Total
number of
Hours Per
Week
dedicated
to removal
of
abandoned
vessels
Total
number of
hours Per
Week
dedicated
to receipt
of turned in
vessels
Total hours
Per Week
Marina Walker 0.50 0.50 1.00
Debbie Martir 0.25 0.25 0.50
Travis Lund 1.00 1.00 2.00
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Laura DeFelice 1.50 1.25 2.75
Objective 1: Prevention

5. Does your agency participate in the Vessel Turn-in Program (VTIP)?
Yes
No

6. Select activities, enter number of brochures and info on how your agency promotes VTIP efforts Number of brochures distributed Per Year at:
# of Brochures List names of Events
0 Due to COVID, the Vallejo Municipal Marina
has not hosted or attended any events in the
last two years. Prior to COVID, the Marina was
represented at the annual Public Works Week
event and distributed brochures/flyers to the
public.
# of Brochures Lisy names of Marinas
0 Brochures are not provided to other marinas
# of Brochures List names of Boat Owners
400 Information regarding VTIP is included in the
Vallejo Municipal Marina newsletter
# of Brochures List names of Other Activities
400 Information regarding VTIP is included in the
Vallejo Municipal Marina newsletter
Publicity Efforts:

Advertised on your website
Agency newsletters
PSAs, billboards
Social media
Other

7. Did your agency have a plan to increase the number of surrendered vessels accepted over the last calendar year, if so, provide information that you followed through with the plan. Additionally, what is your plan to increase the number of surrendered vessels you accept this year? Although the Vallejo Municipal Marina did not have a specific plan to accept more vessels in the last year, we did request additional grant funding in the previous grant cycle as we never seem to have a short supply of abandoned or surrendered boats, and we often have more boats than we have funds to support. Since boat building turned from wood to fiberglass in the late 1960’s, we have noticed that boats are often outliving their owners. As these ‘plastic’ boats can last a very long time, in many cases boats which can no longer be maintained are sold for less and less money or even given away to people who do not have the necessary resources to keep up with the maintenance demands of boats living in salt water environments. We are asking for more funding not because we are planning to find more derelict boats, but because there are so many we are encountering already on a regular basis.

8. How often does your agency coordinate with local boating groups or marinas to inform them of the vessel turn-in program? Describe activities and identify groups/marina’s contacted in the last calendar year. (Answer only if you selected ‘Yes’ to Q 5.)
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ The Vallejo Municipal Marina has had a relationship with the Vallejo Yacht Club for many years and they are aware of our program. Nearby marinas, Glen Cove and Benicia, are also aware the Vallejo Municipal Marina is a participant of the SAVE program. Vallejo Municipal Marina Staff will continue to strengthen the relationship with local marinas by forwarding reading materials on VTIP and encouraging this information be shared with their berthers.

Objective 1: Prevention

9. Do you accept VTIP surrendered vessels from boaters outside your jurisdiction?
Yes
No
If so, how many surrendered vessels have you received in the last calendar year?
4 If not, identify why?

10. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply.

Routine patrol of jurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness (listing, occupancy, trash, bilge running, operable lights) Abandoned vessel mapping and tracking
Multi-agency coordination
Utilize NASA data

11. Describe additional methodologies, if any,
(besides participation in VTIP) your agency
use to prevent abandoned vessels in its
jurisdiction?
The Vallejo Municipal Marina (Marina) uses a variety of strategies to ensure vessels do not become derelict. The Marina has a credit report mandate which prevents anyone with a score less than 600 from obtaining a berth rental contract. The harbormaster reviews each rental application and inspects each vessel to ensure seaworthiness. The Marina also has a ‘no slip transfer' policy, which ensures that a boat's new owner will meet the same financial requirements as the original owner. This policy helps keep boats in the hands of people who have the resources to maintain them. If the boat is sold to someone who does not qualify, the original owner remains responsible for the slip until the boat is removed from the Marina.

Objective 2: Control

12. Describe methodologies, if any, you have
implemented to control and prevent
abandoned vessels from entering your
jurisdiction from other areas.

The policy of the Vallejo Municipal Marina (Marina) is to only accept operable and seaworthy vessels. Owners of vessels with wooden hulls are required to submit proof that the vessels were recently inspected and found to be in satisfactory condition.

Vessels moored within the Marina must be currently registered and insured. Marina staff regularly perform "dock walks" to check the status and condition of vessels. The City also has changed its boat launch parking site hours to prevent overnight dumping, and extended security patrol hours have been
implemented.

13. Does your agency collaborate with neighboring SAVE grantees manage abandoned and surrendered vessels?
Yes
No
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ If yes, list agencies and describe collaboration.

The Vallejo Municipal Marina has worked with other SAVE grantees, such as Richardson Bay Regional Agency and Suisun City Marina, in order to fully expend grant funds. Those agencies were in need of additional funding in order to cover the disposal costs of vessels abandoned within their jurisdictions. The Vallejo Municipal Marina was able to work with these agencies to have grant funding reimburse their expenses. Additionally, there have been a number of times when callers from out of the area inquire on the VTIP program in which the vessels are in the water but not seaworthy. We do our best to redirect their call to other participating agencies that are closer to their vessel's location in order to avoid higher costs in travel so grant funds are spent efficiently.

14. Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels in your jurisdiction? Explain circumstances/conditions.

The City of Vallejo is bordered by the Carquinez Strait to the south and the San Pablo Bay to the west. The Napa River flows south through Vallejo and changes into the Mare Island Strait near the Vallejo Municipal Marina. Vallejo is located in the highly populated San Francisco Bay Area and has many main thoroghfares that intersect the city, such as Interstate 80, Interstate 780, Highway 37, and HIghway 29. As Vallejo is very accessible by land and water to vehicle and vessel traffic, it is a fairly easy destination to abandon unwanted vessels.

Objective 5: SNHAP

15. Does your agency have a Submerged Navigational Hazard Abatement Plan (SNHAP)?
Yes
No
If Yes, attach copy. 34311_0_332_Submerged Navigational Hazard Abatement Plan rev. 4.2020.pdf

16. Identify the detailed process in your SNHAP
for the control and abatement of submerged,
wrecked or abandoned vessels. Identify the
detailed process in your SNHAP for the
abatement of navigational hazards.

The detailed process regarding the control and abatement of submerged, wrecked or abandoned vessels can be found in section D.2 and D.3 of the Vallejo Municipal Marina SNHAP.

The detailed process regarding the abatement of navigational hazards can be found in section D.4 of the Vallejo Municipal Marina SNHAP.

17. Identify the SNHAP’s funding source for the control/abatement of non-vessel related water hazards, hazardous floating debris (such as logs), submerged objects and abandoned piers and pilings The detailed process and funding source for the control/abatement of navigational hazards can be found in section E.2 of the Vallejo Municipal Marina SNHAP, which states:

Navigation Hazards1.

If expenses are incurred as a result of removing/disposing navigation hazards, staff shall follow purchasing requirements as outlined in section

2.30 of the City of Vallejo Municipal Code. Funding sources are as follows:

2. - Marina Enterprise Fund Operating Budget: Operating budget allocated in each fiscal year budget may be used to fund the removal of abandoned/derelict vessels and marine debris should grant or other funding sources not be available.

3. 4.

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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ - Marina Enterprise Fund Contingency Budget: Contingency budget allocated in each fiscal year budget may be used to fund the removal of abandoned/derelict vessels and marine debris should all other funding sources be expended.
- Disaster Relief Funds: In incidents where navigational hazards are the result of natural disasters or other declared emergencies, upon approval, reimbursement claims may be made to CalOES and FEMA.

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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Questions 18 - 21a
Has your agency been involved in abatement activities during the past 3 calendar years?
Yes
No
If so, answer the following:

Yearly average number of abandoned vessels removed and destroyed over the past 3 calendar years.
12 18. What was the average cost to remove and destroy abandoned vessels of 30' or less last calendar year?
3,500.00
18 a. What was the average cost to remove and destroy abandoned vessels 30' or less in the past 3 calendar years?
4,130.00

19. What was the average cost to remove and destroy abandoned vessels 31' or more in the last calendar year?
15,350.00
19 a. What was the average cost of disposal to remove and destroy abandoned vessels 31' or more in the past 3 calendar years.
8,636.00
Has your agency been involved in surrendered vessel activities during the past 3 calendar years?
Yes
No
If so, answer the following:

Yearly average number of surrendered vessels removed and destroyed over the past 3 calendar years.
10 20. What was the average cost to receive and destroy surrendered vessels 30' or less over the past 3 calendar years?
3,500.00
20 a. What was the average cost to receive and destroy surrendered vessels 30' or less last calendar year?
4,130.00

21. What was the average cost to receive and destroy surrendered vessels 31' or more in the past 3 calendar years?
15,000.00
21 a. What was the average cost to receive and destroy surrendered vessels 31' or more last calendar year?
8,500.00
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Questions 22 - 30

22. Identify the last three SAVE grants awarded and the percentage of unspent funding that was left in each grant.

ONLY LIST CLOSED GRANTS
Name of SAVE grants awarded
Year
Awarded
Amount
Awarded
Percentage of
funding left
over
SAVE-15 2020 100,000.00 0
SAVE-17 2018 100,000.00 39
SAVE-19 2020 100,000.00 9

23. Identify the number of personnel currently working in the program with more than 2 years' experience managing the SAVE program.
2 24. What process/method/practice have you
implemented in the last 24 months to reduce
the cost of removal and destruction of
abandoned or surrendered vessels?
Every few years the City follows a competitive bid process to identify the most qualified and cost effective vendor to perform the removal and destruction of abandoned and surrendered vessels.

25. Does your agency have additional funding sources (other than SAVE) for disposal of abandoned vessels in the event you run out of grant funding or are not awarded the full grant request?
Yes
No
If yes, list The Marina Enterprise Fund has a minimal operating budget that can be used for disposal costs, but additional funding sources are needed to keep up with demand.

26. Do you or a partner agency have abandoned vessel storage capabilities that can be used by your agency at no cost to SAVE?
Yes
No

27. Does your agency have access/ability to dispose of vessels at a local or neighboring landfill?
Yes
No

28. Number of current abandoned vessels in your jurisdiction ready to be destroyed? 3 How were these vessels identified? We have 3 vessels currently in the marina which have been abandoned by their owners and are in the lien process. Based on their condition, we do not expect the vessels will be sold at the lien sale.

We are in the process of preparing documents to submit a reimbursement claim of nearly $65k for a fourth abandoned vessel that was sinking and has been disposed already.

29. Number of current surrendered vessels in your jurisdiction ready to be destroyed? 2 How were these vessels identified? We have two people who are currently in the process of submitting paperwork to surrender their vessels.

30. Did you collaborate with marinas in your jurisdiction to identify the existing abandoned or number of potential surrendered vessels listed in your budget? Yes
No
If yes, list marinas. Glen Cove Marina
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Budget
List Identified Abandoned Vessels (CF #s)
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
Powerboat - no CF# 1 30' 10,000.00
Powerboat- no CF# 1 28' 10,000.00
Sailboat- no CF# 1 26' 4,500.00
Total 3 24,500
List Identified Surrendered Vessels (CF #s)
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
Powerboat- CF# not yet provided by surrendering party 1 20' 3,500.00 Sailboat- CF# not yet provided by surrendering party 1 27' 5,500.00 Total 2 9,000.00
Estimate Future Abandoned Vessels
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
Powerboats and Sailboats 6 30' 58,250.00
Total 6 58,250.00
Justification: In the last grant cycle the Vallejo Marina received calls of abandoned vessels within the local water ways or found that vessels had been left on the guest dock or parking lots. We already have abandoned vessels ready for destruction that will expend a large amount of our usual award. We need to anticipate the need for more based on our previous cycle activity.

Estimate Future Surrendered Vessels
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
Powerboats and Sailboats 6 30' 58,250.00
Total 6 58,250.00
Justification: The Marina receives inquiries on the VTIP process on a weekly basis, and has numerous pending surrenders that will expend a fair portion of our usual award. We need to anticipate future interest and submissions based on history of our grant cycles.

TOTAL REQUEST 150,000
PLUS 10% MATCH 15,000
TOTAL PROJECT COST 165,000
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Applicant Certification
Per Harbors and Navigation Code 525 (C) “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.” Matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW.

These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage.

Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met. a.

Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b.

I certify that I am the person authorized to submit this application on behalf of the applicant.

Prepared by: Name: Debbie Martir Date: 04/30/2021
Reviewed by: Name: Debbie Martir Date: 04/30/2021
Approving Officer: Name: Debbie Martir Date: 04/30/2021 Date: 08/12/2022 Contract # C22S0609, Vallejo Municipal Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2022/2023
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CONSENT CALENDAR 8.H.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
Randy J. Risner, Chief Assistant City Attorney
SUBJECT: APPROVE AN AGREEMENT WITH SAFEWAY INC. TO SETTLE A WRIT OF MANDATE

FILED BY SAFEWAY TO CHALLENGE THE EIR FOR THE FAIRVIEW COSTCO

PROJECT

RECOMMENDATION
Approve an agreement with Safeway Inc. allowing settlement of a Writ of Mandate filed by Safeway to challenge the EIR for the Vallejo Fairview Costco project.

REASONS FOR RECOMMENDATION
Approval of the proposed Agreement will allow complete resolution of a Writ of Mandate and subsequent appeal filed by Safeway and will allow Vallejo Fairview Developers to begin construction on the Costco shopping center project and the associated housing development. If Council chooses not to proceed with the settlement, Safeway intends to move forward its appeal which will result in additional significant delay.

BACKGROUND AND DISCUSSION
On April 20, 2020, the Planning Commission approved a final Environmental Impact Report and the Costco/Fairview project (the "Project") located on a 51.3-acre vacant site at Admiral Callaghan Land and Turner Parkway. The Project includes a new 152,138-square-foot Costco store, a 30-pump Costco Gas station, 23,000 of additional retail space, 178 single-family homes and associated parking, open space and landscaping.

On June 9, 2020, after receiving and reviewing objections to the Project from Safeway, the City Council certified the final EIR and approved the Project. Safeway timely filed a Writ of Mandate with the Solano County Superior Court. The court held hearings on the Writ on February 8, 2022 and again on February 23, 2022. Chief Assistant City Attorney Randy Risner appeared for the City and Amanda Monchamp, Joanna Meldrum and Carolyn Drivdahl of the law firm Monchamp Meldrum appeared for the developer, Vallejo Fairview Developers LLC. After hearing arguments, the Court issued it's Order Denying Petition for Writ of Mandate on May 18, 2022. Safeway's counsel, Steven Herum of Herum Crabtree & Suntag filed a timely Notice of Appeal.

The Parties began discussing potential resolution that would eliminate the additional time required for an appeal by Safeway. The resulting settlement is set forth in the Agreement provided to the City Council with the Agenda Packet. The Agreement requires that the City restripe the northbound right-turn lane on Admiral Callaghan Lane at the Rotary Way intersection to make it a through lane. The restriping work is shown on Exhibit A of the Agreement. Vallejo Fairview Developers will pay for the restriping work at the City's request. The remaining provisions of the Agreement apply only to Vallejo Fairview Developers and do not add any additional burdens of any kind on the City.

Once the Agreement is executed, the City can begin the restriping work. Safeway will dismiss it's appeal and the underlying Writ of Mandate within 20-days of receiving written notice from the City that the restriping work

Date: October 11, 2022
Subject: APPROVE AN AGREEMENT WITH SAFEWAY INC. TO SETTLE A WRIT OF MANDATE

FILED BY SAFEWAY TO CHALLENGE THE EIR FOR THE FAIRVIEW COSTCO

PROJECT

Page 2 ends

is complete.

Without the Settlement Agreement, Safeway has informed us that it intends to move forward with its appeal, which will result in a significant delay of the Project.

FISCAL IMPACT
The is no fiscal impact on the City of Vallejo because the improvements to be constructed by the City of Vallejo will be paid for by the developer.

ATTACHMENTS

1. SAFEWAY SETTLEMENT AGREEMENT CAO Stamp

CONTACT
Randy J. Risner, Chief Assistant City Attorney
[email protected]
- 1 -
Approved as to form:

By: for
Veronica Nebb, City Attorney

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”) is entered into this ___ day of September, 2022 (the “Effective Date”), by and between Safeway Inc. (“Safeway”), a Delaware corporation (“Safeway”), the City of Vallejo, a California municipal corporation (“City”), and Vallejo-Fairview Developers, LLC, a Delaware limited liability company (“VFD”). Safeway, City and VFD are referred to herein collectively as the “Parties” and individually as a “Party.”

RECITALS
WHEREAS, on April 20, 2020, the City of Vallejo Planning Commission adopted Resolution No. PC 20-01 which approved Vesting Tentative Map #TM17-0002 and recommended approval of the remaining Project entitlements to the City Council; WHEREAS, (i) on June 9, 2020, the City of Vallejo City Council (“Council”) approved the development of a vacant site at the southeast corner of Admiral Callaghan Lane and Turner Parkway in the City of Vallejo (“City”) (APN: 0081-490-010), generally referred to as Fairview at Northgate which includes an approximate 152,138 square foot Costco warehouse (the “Warehouse”) with a Costco fuel center containing 30 fueling positions (15 dispensers) (the “Fuel Center”), an approximate 27,500 square feet of additional retail development (the “Non-Costco Retail”), and 178 single family residential lots (collectively the “Project”), by adopting Resolution No. 20-065 which certified the Final Environmental Impact Report (the “FEIR”) under the California Environmental Quality Act (“CEQA”) and adopting Planned Development #PD17- 0007, Major Use Permit #UP18-0007, Zoning Map Amendment #ZMA17-0001, and upheld the Planning Commission’s approval of Vesting Tentative Map #TM17-0002, (ii) on May 25, 2021, the Council approved a Public Infrastructure Construction and Reimbursement Agreement and a related Loan Agreement and Resolution No. 21-058 N.C. for the Project, and (iii) on June 8, 2021, the Council passed Ordinance No. 1851 N.C. for the establishment of the Costco Loan Special Fund as required by the Loan Agreement (collectively, the “Project Approvals”); WHEREAS the development of the Project will also require the future approval of entitlements and permits from the City and other public agencies including, but not limited to, tentative maps, conditional use permits, building permits, design review approvals, grading permits, encroachment permits, traffic control permits, construction permits, stormwater permits, air quality permits, and all approvals necessary to implement mitigation measures, conditions of approval and requirements in the mitigation monitoring and reporting program under CEQA (including, without limitation, off-site improvements), or any subsequent review under CEQA by the City or any responsible agency, and all other entitlements, permits, or approvals that may become necessary for the Project. These future entitlements and permits relating to the Project are collectively referred to as “Future Project Approvals.” As used herein the term “Project” is inclusive of the Project Approvals, the Future Project Approvals and all future development of any - 2 -
of the real property described in the FEIR, including, without limitation that real property currently planned for development by VFD, its successors and future tenants; WHEREAS, on June 16, 2020, the City filed and the County Clerk of Solano County posted a Notice of Determination for the Project;
WHEREAS, Safeway operates three grocery stores and one gas station in the City, including store #989 (the “RP Safeway Store”) located in Redwood Plaza Shopping Center (the “Center”);
WHEREAS, on October 28, 2020, Safeway initiated a lawsuit in the Superior Court of California, County of Solano (the “Court”), Case No. FC5055595 (the “Action”), to challenge the City’s approval of the Project Approvals;
WHEREAS, on May 19, 2022, Safeway’s petition for writ of mandate in the Action was denied by the Court and Notice of Entry of Order was served on the Parties (the “Judgment”) and on July 15, 2022, Safeway filed an appeal of the Judgment in the Fourth District Court of Appeals, Case No. A165668 (the “Appeal”);
WHEREAS, the Parties have engaged in protracted negotiations to resolve all issues in dispute relating to the Project, including, without limitation, those issues set forth in the Action and the Appeal (collectively, the “Dispute”); and
WHEREAS, the Parties believe it would be in their respective best interests to settle the Dispute on the terms and conditions specified in this Agreement. Therefore, the Parties have entered into this Agreement in settlement, fully and forever, of all rights, duties, liabilities, claims, demands, damages, rights of action, and causes of action, whether known or unknown, contingent and otherwise, between the Parties with respect to or relating in any way to the Dispute in accordance with the terms and conditions of this Agreement.

AGREEMENT
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Consideration for Releases and Waivers.

1.1. Admiral Callaghan Lane Restriping. City agrees to restripe the northbound right turn lane on Admiral Callaghan Lane at the Rotary Way intersection to a through lane as generally shown on Exhibit A attached hereto to allow for northbound movement through the Rotary Way intersection (the “Restriping Work”). The Restriping Work shall be completed by the City in accordance with plans prepared and approved by the City, within 150 days after the Effective Date. All costs and expenses incurred by the City to design and complete the Restriping Work shall be paid by VFD upon written request of the City. VFD may not commence any grading of the - 3 -
Project or any other Project construction until the Restriping Work is completed. City agrees that after the additional northbound lane between Rotary Way and Turner Parkway is completed by VFD as part of the Project and opened by the City for public use, the Restriping Work will be modified to accommodate that additional lane of traffic as generally shown on Exhibit A-1 attached hereto. From and after completion of the Restriping Work, the City reserves the right, if the City deems reasonably necessary for traffic safety reasons, to modify the Restriping Work (or to install additional traffic control measures) after thirty (30) days prior written notice to Safeway, and such actions shall not constitute a breach of this Agreement.

1.2. Construction Management/Access Plan. VFD agrees, as part of the development and operation of the Project, to implement a construction management plan approved by the City (the “CMP”) which includes, in part, (i) phasing the construction of the Project right-of-way improvements within Admiral Callaghan Lane as identified in Exhibit B so that vehicular access in either the northbound or southbound directions within Admiral Callaghan Lane is not impeded, and (ii) installing the Project utility improvements in a manner that will not interrupt utility service to Safeway at Redwood Plaza. City agrees that the permits issued by the City for the construction of those right-of-way and utility improvements will require VFD compliance with the CMP.

1.3. Truck Routes. VFD agrees that all construction trucks during construction of the Project, and all delivery trucks controlled by Costco during its operation of the Warehouse and Fuel Center, are prohibited from using that section of Admiral Callaghan Lane between Redwood Parkway and Rotary Way between the hours of 9:00 a.m. to 8:00 p.m. as set forth on Exhibit C attached hereto.

1.4. Administrative Record. City agrees to waive the payment by Safeway of any costs incurred by City in its preparation of the Administrative Record for the Action.

1.5. Safeway Legal Fees. VFD agrees to pay to Safeway, by wire transfer in accordance with wire instructions to be provided by Safeway, all attorneys’ fees and legal costs incurred by Safeway in the Dispute which shall not exceed the amount of $250,000 (subject to increase as set forth below in this Section 1.5) (the “Safeway Payment”). Provided the Dismissal was previously filed by Safeway in accordance with Section 2, then the Safeway Payment shall be paid to Safeway no later than three (3) business days after the close of First American Title Escrow No.0131-621755ala (the “Escrow”) for VFD’s acquisition of fee title to the real property (APN:
0081-490-010) that comprises the Project (the “Property Closing”). On the day of the Property Closing, VFD shall notify Safeway and City in writing of the Property Closing.

If the Property Closing does not occur within sixty (60) days after the Dismissal is filed by Safeway, then the Safeway Payment in the amount of - 4 -
$250,000 (or such lesser amount equal to the actual amount of attorney’s fees then incurred by Safeway in the Dispute as reasonably documented by Safeway), shall be deposited into the Escrow with instructions signed by VFD and Safeway (the “Escrow Instructions”) to First American Title (“Escrow Holder”) to release the Safeway Payment to Safeway at the Property Closing so long as the Property Closing occurs on or before March 28, 2024 (the “Outside Property Closing Date”). The Escrow Instructions shall also provide that if the Escrow has not previously terminated and the Property Closing has not occurred by September 30, 2023, then Escrow Holder shall release $100,000 of the Safeway Payment to Safeway which shall be nonrefundable to VFD and retained by Safeway even if Escrow is terminated before, or fails to close by, the Outside Property Closing Date.

If the Escrow is terminated before, or fails to close by, the Outside Property Closing Date, then (i) the City agrees to rescind the Project Approvals within ninety (90) days thereafter and (ii) the next business day after the City rescinds the Project Approvals, Safeway shall retain the $100,000 previously released to Safeway, Escrow Holder shall return the remainder of the Safeway Payment to VFD and VFD shall thereafter have no further obligation to pay the Safeway Payment, provided the terms of Section 9.10 shall apply with regards to any attorneys’ fees and legal costs incurred by the Parties to enforce this Agreement. However, if the City fails to rescind the Project Approvals within ninety (90) days after such termination or failure to close the Escrow, but no later than June 26, 2024, then the remainder of the Safeway Payment in Escrow shall be released by Escrow Holder to Safeway. The Safeway Payment shall accrue, from the date the Dismissal is filed until the Safeway Payment is paid to Safeway, simple, non-compounded interest, at the rate of five percent (5%) per annum, and such interest shall be paid in full by VFD with the Safeway Payment after the Property Closing. Safeway agrees that neither this agreement by VFD to pay the Safeway Payment, nor any decision by VFD to not purchase the Property or develop the Project, means that Safeway was the prevailing party in the Dispute.

Notwithstanding the foregoing, in the event the City fails to complete the Restriping Work within the 150-day period required above, then the Safeway Payment shall be increased to include any attorneys’ fees and legal costs reasonably incurred by Safeway, until the Restriping Work is completed by the City, (i) in briefing for the Appeal to meet the Court’s briefing schedule but such additional fees shall not exceed $75,000, and (ii) in prosecuting the Appeal after all briefing has concluded. VFD and Safeway shall jointly request a settlement conference and otherwise cooperate to cause the Court to delay any such briefing until after the Restriping Work is completed.

2. Dismissal of Action.
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Within twenty (20) days after City delivers Safeway written notice that the Restriping Work is completed, Safeway agrees to file a dismissal of the Appeal with prejudice (the “Dismissal”). Safeway shall deliver conformed copies of the Dismissal to City and VFD within that 20-day period. Failure by Safeway to file the Dismissal within the time period set forth herein shall constitute a material breach of this Agreement by Safeway; provided, notice of the failure to file the dismissal shall be sent to Safeway with a ten (10) day period of time to cure.

3. No Future Project Opposition.

Provided VFD is not in default of this Settlement Agreement, neither Natalie Mattei, Steven Berndt, nor any other person acting on behalf of Safeway (or on behalf of any parent company, affiliate or subsidiary of Safeway (collectively, “Safeway Related Entity”), shall, at any time, provide any advice, support, assistance or representation of any kind to any person, union or entity, or coordinate or cooperate in any manner with any person or entity, contemplating or taking any action to, nor shall Safeway (or any Safeway Related Entity) itself, oppose, impede, challenge, object to, or file any further claim, action, appeal, or lawsuit against the Project Approvals or any Future Project Approvals. Any violation of this Section 3 by Safeway or by any Safeway Related Entity, or by any person acting on behalf of Safeway (or on behalf of any Safeway Related Entity) shall be deemed to be a breach of this Agreement; provided this Section 3 shall not apply to actions taken by employees of Safeway who are acting in his or her personal interests; provided, further, should there be a breach of this Section 3, notice shall be issued to Safeway and Safeway shall correct the noncompliance and, if promptly corrected, the breach shall be withdrawn.

This Section 3 shall not apply to any Future Project Approvals which either (i) provide for development uses not permitted by the Project Approvals (the “Non-Permitted Uses”), and/or (ii) propose substantial changes to the retail portion of the Project Approvals that (a) will require the City to prepare an addendum to the FEIR or a subsequent EIR in accordance with CCR Section 15162 (a)(1), and (b) will cause, as reasonably determined by Safeway, new significant environmental effects on traffic/transportation, or a substantial increase in the severity of previously identified significant effects on traffic/transportation, that impact vehicular, bicycle, or pedestrian access to and/or circulation around the Center. In the event Safeway has a concern triggered by (i) or (ii) above, then Safeway and VFD shall use good faith efforts to meet and confer prior to any approval being granted on the Future Project Approvals. This Section 3 shall also not apply to any Future Project Approvals which increase the building square footage of the Warehouse in excess of 152,138 square feet, or which increase the number of fueling positions at the Fuel Center to more than 32 (16 dispensers), or which increase the fuel throughput at the Fuel Center in excess of 36,000,000 gallons (collectively, a “Costco Expansion”).

Notwithstanding the foregoing paragraph, provided the Future Project Approvals listed below are not for Non-Permitted Uses and do not include a Costco Expansion and/or any physical or access changes to Admiral Callaghan Lane or its intersections adjacent to the Center1, this Section 3 shall be deemed to apply to:
1 “adjacent to the Center”, as used in this Agreement, means that length of Admiral Callaghan Lane between Rotary Way and the southernmost boundary of the Center.
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(i) any Future Project Approvals for either of the alternative site plans attached herein as Exhibit D or Exhibit D-1, or
(ii) any increase in the number of fuel pumps at the Fuel Center to a maximum of 32 provided the fuel throughput does not exceed 36,000,000 gallons; or (iii) any Future Project Approvals for the relocation or reconfiguration of the 27,500 square feet of building permitted by the Project Approvals within the Non-Costco Retail, or (iv) so long as the incremental traffic resulting from any Future Project Approvals does not increase the then current PM peak and/or Saturday mid-day traffic trips by more than 5% at the intersection of Rotary Way and Admiral Callaghan Lane and at the I-80 on/off ramp connections to Admiral Callahan Lane adjacent to the Center, then to any Future Project Approvals:
(a) for any restaurants with a drive-through within the Non-Costco Retail in excess of the restaurants with a drive-through identified in Exhibits D or D-1, or (b) for any increase in the total building square footage of 27,500 square feet within the Non-Costco Retail, or
(c) for the conversion of the Fuel Center to a non-Costco restaurant with a drive-through or a non-Costco retail use.

4. Full Release and Waiver by Safeway.

Safeway, for itself and for its existing and all future Safeway Related Entities, and for all existing and future officers, directors, owners, managers, members, board members, employees, agents, attorneys, representatives and legal successors, heirs and assigns, and each of them, in their official capacity as an officer, director, owner, manager, member, employee, agent, attorney, representative or legal successor, heir or assign of Safeway (the “Safeway Releasing Parties”), voluntarily and knowingly waive, release and discharge forever (i) VFD, its affiliates and their respective officers, directors, partners, owners, managers, members, employees, agents, attorneys, representatives, consultants, contractors, and legal successors and assigns, including all future land purchasers, ground lessees, and tenants within the Project, and each of their collective affiliates (collectively, “VFD Parties”) and (ii) the City and its officials, officers, directors, employees, agents, attorneys, consultants, contractors, and representatives (collectively, “City Parties”) (the VFD Parties and the City Parties collectively herein the “City/VFD Released Parties”), from any and all rights, claims, charges, complaints, damages, liabilities, obligations, promises, controversies, actions, causes of action in law or equity, suits, rights, attorneys’ fees, demands, costs, losses, penalties, liens, debts, interest or expenses of any nature whatsoever, whether known or unknown, whether suspected or unsuspected, whether now existing or hereinafter arising, contingent and otherwise, against any of the City/VFD Released Parties, which arise out of the Dispute or the Restriping Work. A Safeway affiliate is an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Safeway. The Safeway Releasing Parties acknowledge and agree this Agreement shall operate as a complete bar of any and all litigation, charges, complaints, grievances, demands, or administrative proceedings or remedies now pending or which might at any time be filed by - 7 -
Safeway Releasing Parties as to any City/VFD Released Parties regarding matters arising out of or related in any way to the Dispute or the Restriping Work. Each and all of the aforesaid claims are hereby fully and finally settled, compromised, and released. This release and the terms of this Section 4 do not apply to any of the obligations of City and/or VFD under this Agreement.

The Safeway Releasing Parties recognize, understand, and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future arising from or attributable to the Dispute or the Restriping Work. Therefore, Safeway Releasing Parties are waiving any and all rights to pursue claims against any City/VFD Released Parties, of any kind or nature relating to any matter, whether or not specifically raised in the Dispute or which it would be entitled to under the laws, regulations, and/or rules applicable to the Dispute or the Restriping Work. Without limiting the foregoing, Safeway acknowledges that the Restriping Work is being performed solely at the request of Safeway to settle the Dispute and is not work that the City required for the Project in the Project Approvals nor would otherwise recommend or require be performed. Safeway acknowledges that the Restriping Work may cause unforeseen or unanticipated traffic problems after the Restriping Work is completed and Safeway Releasing Parties intend to release the City/VFD Released Parties fully and unconditionally from any claims that might arise by reason of such traffic problems in accordance with this Section 4. Provided, notwithstanding anything to the contrary, the release of claims does not include claims for personal injury or property damage that arise out of, or in connection with, the performance of the Restriping Work and which injury or damage occurs during the Restriping Work.

Safeway represents and warrants to City and VFD that it (a) has all necessary power and authority to make such release, including any necessary consent or approval from any person (including, for the avoidance of doubt, the Safeway Releasing Parties), and (b) has not heretofore transferred or attempted to transfer all or any part of any such thing released in any manner whatsoever, including by way of subrogation or operation of law. Safeway further represents and warrants to City and VFD that its release and waiver under this Agreement is executed voluntarily and without duress or undue influence on the part of any other person or entity whatsoever.

Waiver of Civil Code Section 1542: The foregoing releases are intended to extend to all such claims, known or unknown, suspected or unsuspected, and Safeway, on behalf of itself and the Safeway Releasing Parties, expressly waives and relinquishes any rights and benefits that they have or may have under Section 1542 of the Civil Code of the State of California, which provides:
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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Safeway Initials: ______________
Safeway acknowledges that they have specifically reviewed with their attorneys the meaning and effect of the release and waiver set forth in this Section 4, including the language from Civil Code Section 1542 quoted above, and their attorneys have fully explained the impact of these provisions, and Safeway knowingly accepts the risks associated with these provisions.

Safeway represents and warrants that they own the right to release and all of the claims released herein, that no other person or entity has or has had any interest in the claims released herein, and that they have not transferred, sold, assigned or conveyed, or otherwise disposed of any of the claims released herein. The Safeway Releasing Parties shall indemnify, defend, and hold harmless the City/VFD Released Parties, from and against any claims based upon or arising in connection with any prior or future assignment or transfer, or any purported assignment or transfer, of any claims or other matters released or assigned herein.

The Safeway Releasing Parties understand that if the facts or law with respect to which the foregoing releases are given hereafter turn out to be other than or different from the facts or law in that connection not known to be or believed by each of them to be true, each of them expressly assumes the risk of the facts or law turning out to be so different, and agrees that the foregoing releases shall be in all respects effective and not subject to termination or rescission based upon any such differences in facts or law.

5. Full Release and Waiver by City and VFD. City and VFD each, for itself and for its existing and all future affiliates, and for all existing and future officers, directors, owners, managers, members, board members, employees, agents, attorneys, representatives and legal successors, heirs and assigns, and each of them, in their official capacity as an officer, director, owner, manager, member, employee, agent, attorney, representative or legal successor, heir or assign of City or VFD (the “City/VFD Releasing Parties”), voluntarily and knowingly waive, release and discharge forever Safeway, its affiliates and its and their respective officers, directors, partners, owners, managers, members, employees, agents, attorneys, representatives, consultants, contractors, and legal successors and assigns (collectively, “Safeway Released Parties”) from any and all rights, claims, charges, complaints, damages, liabilities, obligations, promises, controversies, actions, causes of action in law or equity, suits, rights, attorneys’ fees, demands, costs, losses, penalties, liens, debts, interest or expenses of any nature whatsoever, whether known or unknown, whether suspected or unsuspected, whether now existing or hereinafter arising, contingent and otherwise, against any of the Safeway Released Parties, which arise out of the Dispute. A VFD affiliate is an entity that directly or indirectly, through one or more intermediaries, - 9 -
controls, is controlled by, or is under common control with VFD. The City/VFD Releasing Parties acknowledge and agree this Agreement shall operate as a complete bar of any and all litigation, charges, complaints, grievances, demands, or administrative proceedings or remedies now pending or which might at any time be filed by City/VFD Releasing Parties as to any Safeway Released Parties regarding matters arising out of or related in any way to the Dispute. Each and all of the aforesaid claims are hereby fully and finally settled, compromised, and released. This release and the terms of this Section 5 do not apply to any of the obligations of Safeway under this Agreement.

The City/VFD Releasing Parties recognize, understand, and expressly agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future arising from or attributable to the Dispute. Therefore, City/VFD Releasing Parties are waiving any and all rights to pursue claims against any Safeway Released Parties, of any kind or nature relating to any matter, whether or not specifically raised in the Dispute or which it would be entitled to under the laws, regulations, and/or rules applicable to the Dispute.

The City/VFD Releasing Parties each represent and warrant to Safeway that City and VFD each, (a) has all necessary power and authority to make such release, including any necessary consent or approval from any person (including, for the avoidance of doubt, the City/VFD Releasing Parties), and (b) has not heretofore transferred or attempted to transfer all or any part of any such thing released in any manner whatsoever, including by way of subrogation or operation of law. The City/VFD Releasing Parties further represent and warrant to Safeway that the release and waiver by City/VFD Releasing Parties under this Agreement is executed voluntarily and without duress or undue influence on the part of any other person or entity whatsoever. Any violation of this Section 5 by any of the City/VFD Releasing Parties shall be deemed to be a breach of this Agreement by City or VFD as applicable.

Waiver of Civil Code Section 1542: The foregoing releases are intended to extend to all such claims, known or unknown, suspected or unsuspected, and each of the City/VFD Releasing Parties expressly waives and relinquishes any rights and benefits that they have or may have under Section 1542 of the Civil Code of the State of California, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY
City Initials: ______________ VFD Initials: ______________ - 10 -
City and VFD each acknowledge that they have specifically reviewed with their attorneys the meaning and effect of the release and waiver set forth in this Section 5, including the language from Civil Code Section 1542 quoted above, and their attorneys have fully explained the impact of these provisions, and City and VFD each knowingly accepts the risks associated with these provisions.

City and VFD each represents and warrants that they own the right to release and all of the claims released herein, that no other person or entity has or has had any interest in the claims released herein, and that they have not transferred, sold, assigned or conveyed, or otherwise disposed of any of the claims released herein. The CFD/VFD Releasing Parties shall indemnify, defend, and hold harmless the Safeway Released Parties, from and against any claims based upon or arising in connection with any prior or future assignment or transfer, or any purported assignment or transfer, of any claims or other matters released or assigned herein.

The City/VFD Releasing Parties understand that if the facts or law with respect to which the foregoing releases are given hereafter turn out to be other than or different from the facts or law in that connection not known to be or believed by each of them to be true, each of them expressly assumes the risk of the facts or law turning out to be so different, and agrees that the foregoing releases shall be in all respects effective and not subject to termination or rescission based upon any such differences in facts or law.

6. Cooperation on Additional Documents.

Each of the Parties agrees to execute and deliver to each of the other Parties all additional documents, instruments, and agreements required to take such additional actions as are required to implement the terms and conditions of this Agreement.

7. Binding Effect and Third Parties.

The Parties agree that the obligations and benefits arising out of this Agreement, including, but not limited to, the releases set forth in Sections 4 and 5, and each of the terms of this Agreement, shall be binding upon and shall inure to the benefit of any successors and assigns of the Parties. This shall include Safeway, City and VFD’s right to transfer its interest in this Agreement to any future successors and assigns without the permission or consent by any other Party.
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8. Execution Not an Admission.

This Agreement is strictly for the purposes of compromising the Dispute. By entering into this Agreement, no Party hereto admits that the claims or contentions of the other were or are valid or meritorious. Each Party hereto has in the past denied and continues to deny the claims, assertions, allegations and contentions of the others and their ability to make such claims. Neither this Agreement, the negotiations nor discussions resulting in or connected with this Agreement, nor anything stated herein or therein shall be admissible in any court of law or equity or before any administrative body for the purpose of establishing or supporting a claim by Safeway of any wrongdoing or guilt on behalf of City or VFD, or by City or VFD of any wrongdoing or guilt on behalf of Safeway, or for any other purpose.

9. Additional Terms.

9.1 Final Integrated Agreement
This Agreement contains the entire agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations and agreements between the Parties, whether written or oral. Each of the Parties hereto acknowledges that no other Party, nor the agents nor attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges that this Agreement has not been executed in reliance upon any promise, representation or warranty not contained herein. Each Party has participated, cooperated or contributed to the drafting and preparation of this Agreement. This Agreement shall not be construed for or against any Party but shall be construed fairly according to its plain meaning, and shall be unconditionally supported by all Parties in all forums.

9.2 Understanding of Agreement
Each Party understands and agrees to this Agreement, the terms and conditions contained herein and, in the documents, referred to herein, and has relied upon his, her, or its own judgment, belief, knowledge, understanding, and expertise after careful consultation with his, her, or its own legal counsel concerning the legal effect of all of the terms of this Agreement.

9.3 Voluntary Settlement
Each Party enters into this Agreement knowingly and voluntarily, in the total absence of any fraud, mistake, duress, coercion, or undue influence, and after careful thought and reflection upon the settlement, this Agreement, and the documents referred to herein; and, accordingly, by signing this Agreement and the documents referred to herein, each signifies full understanding, agreement, and acceptance. Each Party to this Agreement acknowledges and represents that he/she/it has read this Agreement and understands all of its terms. - 12 -

9.4. Investigation of Facts; Consultation with Independent Counsel Each Party has investigated the facts and had the opportunity to consult with independent counsel pertaining to this Agreement and all matters pertaining thereto as deemed necessary by each.

9.5. California Law, Jury Waiver
This Agreement, and the documents referred to herein, shall be governed by and construed and interpreted in accordance with, the laws of the State of California. EACH

PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND

INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE.

9.6. Multiple Counterparts
This Agreement may be executed in any number of counterparts, each of which may be deemed an original and all of which together shall constitute a single instrument, notwithstanding that all the Parties are not signatories to the original or same counterpart. The Parties shall each receive a fully executed original of the Agreement.

9.7. Waiver, Modification, and Amendment
No breach of this Agreement or of any provision herein can be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach of the same or other provisions of this Agreement. This Agreement may be amended, altered, modified, or otherwise changed in any respect or particular only by a writing duly executed by the Parties hereto or their authorized representatives.

9.8. Effective Date
This Agreement shall be effective upon execution by all Parties.

9.9. Captions/Language
Section, paragraph, and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of this Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement. In the language of this document and the documents referred to herein, the singular and plural numbers, and the masculine, feminine and neutral genders, shall each be deemed to include all others, and the word “person” shall be deemed to include corporations and every other entity, as the context may require.
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9.10. Attorneys’ Fees
Except for the Safeway Payment by VFD to Safeway, the Parties shall each bear their own attorneys’ fees, costs, expenses (including expert witness fees and expenses) incurred with respect to the subject matter of the Dispute, including this Agreement and each Party waives the recovery of all such attorneys’ fees, costs, expenses from any of the other Parties; provided if any action or proceeding is brought by any Party against any or all of the other Parties under this Agreement, to interpret or enforce this Agreement, including all appeals of any such actions or proceedings, the prevailing Party shall be entitled to recover reasonable costs and expenses, as determined by the Court, including attorneys’ fees, expert witness fees, and court costs, incurred for prosecution, defense, consultation, or advice in such action or proceeding.

9.11. Proceedings to Enforce Agreement
The Parties agree that any dispute or controversy in any way arising out of, related to, or connected with Sections 1.1, 1.5, or 2 of this Agreement, shall be resolved through a confidential, final and binding arbitration at the office for JAMS that serves Solano County, California, before a mutually selected arbitrator with JAMS who shall issue a written award upon which judgment may be obtained (“JAMS Arbitration”). Those Parties involved in such arbitration shall each be responsible for their own attorneys’ fees and costs. The arbitrator shall have authority to enforce this Agreement as if under California Code of Civil Procedure section 664.6. Any such arbitration shall be governed by the laws of the State of California, and the venue of such arbitration shall take place in Solano County, California. Any other dispute or controversy in any way arising out of, related to, or connected with this Agreement or the subject matter thereof may be litigated by the Parties in the Superior Court for the Solano County, California if the Parties do not all agree to arbitration in accordance with the foregoing terms of this Section 9.11 (“Judicial Litigation”). With regards to Section 1.1, any action that concerns the City’s Restriping Work is subject to JAMS Arbitration and any action that concerns VFD’s grading of the Project or other Project construction in violation of Section 1.1 is subject to Judicial Litigation.

9.12 VFD Continuing Indemnification Obligation to City
Notwithstanding anything to the contrary in this Agreement or in City of Vallejo Resolution No. 20-01 PC, VFD agrees that its indemnification obligations set forth in General Condition of Approval number 50 contained within Resolution No. 20-01 PC shall include VFD’s operations and obligations under this Agreement including, but not limited to, any of the costs set forth in section 9.10 above.

9.13 Signatories Authority
Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity and/or Parties it purports to bind and such Party has full right and authority and has obtained all consents and approvals and taken all actions necessary to enter into this Agreement, perform all of its obligations hereunder, and consummate all transactions contemplated under this Agreement. - 14 -

9.14. Recitals
The recitals are incorporated herein and made part of this Agreement.

9.15 Notice
Notices shall be given by personal service, by United States certified or registered mail, postage prepaid, return receipt requested, or by same-day or overnight private courier (such as UPS or FedEx), addressed to the party to be served at the address set forth herein for such party, or as the party to be served may from time to time designate in a notice to the other party (provided that if the address is a post office box, a secondary physical address shall also be provided).

Notices personally served shall be effective when delivered to (or refused by) the party upon whom such notice is served. If served by registered or certified mail, notice shall be conclusively deemed served on the date shown on the return receipt, but if delivery is refused or the notice is unclaimed, notice shall conclusively be deemed given forty-eight (48) hours after mailing. If served by private courier, notice to the addressee shall be effective when delivered to (or refused by) the party upon whom such notice is served. Copies of any notice shall be sent to the addresses, if any, designated for service of copies of notices.

To SAFEWAY:Safeway Inc.
5918 Stoneridge Mall Road
Pleasanton, CA 94588-3229
Attn: RE Law (Vallejo, CA # 989)
with additional copies to:

Albertsons Companies Inc.
250 E Parkcenter Blvd
Boise, ID 83706
Attn: Michael Dingel
Email: [email protected]
Safeway Inc.
c/o NorCal Real Estate
5918 Stoneridge Mall Road
Pleasanton, CA 94588-3229
Attention: Natalie Mattei
Telephone: (925) 226-5754
Email: [email protected]
Steven A. Herum
Herum Crabtree Suntag LLP
5757 Pacific Avenue #222
Stockton, CA 95207
Telephone: (209) 472-7700
- 15 -
Email: [email protected]
To VFD:Vallejo-Fairview Developers LLC
c/o Lewis Management Corp.
9216 Kiefer Blvd.

Sacramento, CA 95826
Attention: Jeb Elmore
Telephone: (916) 403-1713
Email: [email protected]
with a copy to:

Amanda Monchamp
Monchamp Meldrum LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 704-8810
Email: [email protected]
To CITY: City of Vallejo
City Manager's Office
555 Santa Clara Street
Vallejo, CA 94590
Attention: Mike Malone, City Manager
Telephone: (707) 648-4576
Email: [email protected]
with a copy to:

City of Vallejo
City Attorney's Office
555 Santa Clara Street
Vallejo, CA 94590
Attention: Veronica Nebb, City Attorney
Telephone: (707) 648-4545
Email: [email protected]

9.16 Electronic Execution and Delivery. The Parties agree that an electronically made signature, or an original signature which is scanned, will be deemed an original signature and an electronically delivered counterpart deemed an original counterpart. [All signatures are on the next page]
- 16 -
- 17 -
[Signature Pages – Settlement Agreement and Release]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date last signed below and stated above.

SAFEWAY INC.

BY: __________________________________ DATE: September _____, 2022

NATACHA EPLEY
Senior Counsel
Authorized Representative

HERUM CRABTREE SUNTAG LLP
BY: __________________________________ DATE: September_____, 2022 STEVEN A. HERUM
Attorney for SAFEWAY INC.

VFD

VALLEJO-FAIRVIEW DEVELOPERS, LLC
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation
Its Manager

BY: _____________________________ DATE: September _____, 2022 John M. Goodman
Executive VP/CEO

MONCHAMP MELDRUM LLP
BY: __________________________________ DATE: September _____, 2022 Amanda Monchamp
Attorney for VFD
- 18 -
[Continued Signature Pages – Settlement Agreement and Release]

CITY OF VALLEJO
a public body, corporate and politic
By: ___________________________ DATE: September_____, 2022 Name: Mike Malone
Its: City Manager

APPROVED AS TO FORM
BY: __________________________________ DATE: September_____, 2022 Veronica Nebb
City Attorney
ATTACHMENTS:

Exhibit A Restriping Map
Exhibit A-1 Restriping Map After Additional Northbound Lane Exhibit B Construction Management Plan
Exhibit C Restricted Truck Route Map
Exhibit D Alternative Site Plan #1
Exhibit D-1 Alternative Site Plan #2
WBF:aa Z:\Legal\LITIGATION\LITIGATION\Safeway Inc vs City of Vallejo (L-919)\Settlement Negotiations\SAFEWAY SETTLEMENT AGREEMENT AND RELEASE (Lewis 9-7-22 draft #2) clean.docx - 19 -

EXHIBIT A
Restriping Map
- 20 -

- 21 -
EXHIBIT A-1
Restriping Map After Additonal Northbound Lane

- 22 -

EXHIBIT B
Construction Management/Access Plan
The following actions will be incorporated into the construction drawings and/or any traffic control plan for the Project in order to (i) minimize disruptions to, and reasonably maintain, accessibility on Admiral Callaghan Lane to Safeway’s existing store and loading dock in Redwood Plaza during Project construction, and (ii) reduce construction truck use of Admiral Callaghan Lane between Redwood Parkway and Rotary Lane.

No construction trucks shall be permitted to use Admiral Callaghan Lane between Redwood Parkway and Rotary Lane as set forth on Exhibit C attached hereto between the hours of 9:00 a.m. and 8:00 p.m.

Except as provided below, two-way traffic on Admiral Callaghan Lane between Turner and Rotary Lane shall remain open and accessible between the hours of 9:00 a.m. and 8:00 p.m. during Project construction; provided, VFD may need to reduce two-way traffic on, and/or fully close, Admiral Callaghan Lane between Turner and Rotary Lane due to Project construction provided such reduction or closure shall not occur more than 3 successive days and no more than 3 times per month.

A traffic control plan that includes the foregoing requirements shall be submitted with the civil improvement design plans and encroachment permits for Admiral Callaghan Lane and approved by the City.

These restrictions and conditions shall be binding on VFD, its assignees, successors in interest, contractors and subcontracts and anyone conducting construction activity at the Project site. - 23 -

EXHIBIT C
Restricted Construction/Costco Delivery Truck Route Map

- 24 -

EXHIBIT D
Alternative Site Plan #1

- 25 -
EXHIBIT D-1
Alternative Site Plan #2
- 26 -

CONSENT CALENDAR 8.I.

DATE: October 11, 2022
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST

AMENDMENT TO THE PRODUCT SUPPLY AGREEMENT FOR WATER TREATMENT

CHEMICAL SUPPLIES WITH MESSER, LLC

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a First Amendment to the Product Supply Agreement related to chemical and/or equipment purchases for Water Department Operations with Messer, LLC to include: (1) an increase to the not-to-exceed amount to $477,000.00 and (2) placing a fiscal year (FY) limit of $79,500.00.

REASONS FOR RECOMMENDATION
The Water Department utilizes various chemicals in its water treatment plants and during the fiscal year must make significant operational purchases of chemicals, such as liquid oxygen for ozone disinfection of drinking water. The City awarded a contract to Messer LLC. to purchase specialty chemicals in FY 2020. To continue Water Treatment Operations and provide clean drinking water to our community, including to Travis Air Force Base, staff recommends increasing the contract not-to-exceed amount from $238,500.00 to $477,000.00.

BACKGROUND AND DISCUSSION
The City of Vallejo purchases specialty chemicals that are available from limited sources and for which, due to specific water system design or infrastructure conditions, there is no adequate substitute, as provided in Section 3.20.060(A)(2) – Competitive Purchasing Section – Exemptions. As such, the City has existing contracts for the supply of specialty chemicals for water treatment for fiscal year (FY) 2022-23, including the procurement of liquid oxygen (LOX), an essential ingredient in ozonation, which is essential to the drinking water disinfection process at the City’s water treatment plant at Travis Air Force Base.

On June 25, 2019, Council authorized a contract with Messer LLC, Stewartsville, NJ through June 30, 2022, in an amount not to exceed $238,500. Messer, LLC. has provided liquid oxygen to the Travis Water Treatment Plant since 1999 (when the first agreement with Messer, LLC. went into effect) and includes a monthly facility fee for the rental of equipment (including the storage tank for the liquid oxygen) provided by Messer, LLC. which, in turn, obligates the City to purchase LOX exclusively from Messer, LLC, as no other vendor may access the storage tank. The intent for the addendum was to have the annual $79,500.00 amount be included in the extension period.

The proposed amendment will increase the not-to-exceed amount to $477,000.00 which will permit purchasing of this specialty chemical through June 30, 2025:

Liquid Oxygen (LOX) for Travis Water Treatment Plant
Messer, LLC, Stewartsville, NJ $1.1985 per CCF (100ft3 units)

FISCAL IMPACT

Date: October 11, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST

AMENDMENT TO THE PRODUCT SUPPLY AGREEMENT FOR WATER

TREATMENT CHEMICAL SUPPLIES WITH MESSER, LLC

Page 2 ends

The City’s actual chemical quantity purchasing needs for treating drinking water are dependent on the dosages required to treat seasonally variant source water quality in compliance with State and Federal Environmental Protection Agency requirements. The Water Department included $238,000.00 in the proposed FY 2022-23 Water Enterprise Budget to cover the projected cost of treatment chemical supplies for the Travis Water Treatment Plant. The FY 2022-2023 Water Enterprise Fund budget is sufficient to cover the projected cost of the liquid oxygen. There is no fiscal impact on the General Fund associated with this item.

ATTACHMENTS

1. Messer LLC Amendment Resolution_CAO Stamp

2. Messer LLC - First Amendment to Contract 20-WD236_CAO Stamp

3. Executed Messer LLC Product Supply Agreement 20-WD236

CONTACT
Beth Schoenberger, Water Director
[email protected]
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 22-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE

CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PRODUCT SUPPLY AGREEMENT FOR WATER TREATMENT CHEMICAL SUPPLIES WITH MESSER, LLC.

WHEREAS, the City of Vallejo utilizes a multitude of various chemicals at the City’s water treatment plants; and

WHEREAS, the City of Vallejo and Messer, LLC. entered into a contract on June 19, 2019, for an amount not to exceed $238,500.00 for chemicals and equipment needed for the treatment of water in the City of Vallejo and its various water systems; and

WHEREAS, the City of Vallejo rents equipment provided by Messer, LLC. which, in turn, obligates the City to purchase Liquid Oxygen (LOX) exclusively from Messer, LLC.

WHEREAS, the agreement between the City of Vallejo and Messer, LLC. automatically renews for an additional three-year term extending the current contract to June 30, 2025

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the City Manager of the Vallejo City Council to execute a First Amendment to the Product Supply Agreement with Messer, LLC. for the supply of chemicals and equipment to increase the total amount of the contract not-to-exceed to $477,000.00

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 11, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________________
ROBERT H. MCCONNELL, MAYOR

ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

First Amendment to Agreement Between City of Vallejo and Messer, LLC. 20-WD236 Page 1 of 3 Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO
AGREEMENT 20-WD236 BETWEEN

CITY OF VALLEJO
AND

MESSER, LLC

This First Amendment to Product Supply Agreement 20-WD236 made and entered into on July 01, 2019, hereafter referred to as Agreement, between Messer, LLC, a Delaware Limited Liability Compancy , therein referred to as Vendor, and the City of Vallejo, a municipal corporation, therein referred to as City, is made an d entered into on this 3rd day of October, 2022

Vendor and City do mutually agree as follows:

1. Amendment to Addendum To Product Supply Agreement between City of Vallejo and Messer LLC. The Addendum shall be modified to read:

Section 1.2 – Product, Equipment, and Related Terms, City agrees to pay Messer LLC, for the products and equipment specified herein as follows:

1. Total n ot-to-exeed amount for each Fiscal Year during each 3 -year term is Seventy-Nine Thousand Five Hundred Dollars and 00/100 ($79,500.00)

2. Total not -to-exceed amount for each 3 -year term of the Agreement , Two Hundred Thirty-Eight Thousand Five Hundred Dollars and 00/100 ($238,500)

Section 1.3 - If the term of this agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Service Provider agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

2. Integration. This First Amendment contains the en tire agreement between the parties with respect to its subject matter and supersedes whatever oral or written

First Amendment to Agreement Between City of Vallejo and Messer, LLC. 20-WD236 Page 2 of 3 understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties.

Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Vendor shall perform all duties, obligations and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this First 1 Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this First Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.

7. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

8. Counterparts. This First Amendment may be executed by the parties in one or more counterparts , all of which collectively shall constitute one document and agreement.

9. Authority. The person signing this First Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Vendor.

(SIGNATURES ARE ON THE FOLLOWING PAGE)

First Amendment to Agreement Between City of Vallejo and Messer, LLC. 20-WD236 Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this [AMEND#] Amendment on the day and year first hereinabove appearing.

Messer, LLC
A Delaware limited liability company

BY:

Diane Murphy
Sr. Sales Manager

DATE:

(City Seal)

CITY OF VALLEJO,
a municipal corporation

BY:

Mike Malone
City Manager

DATE:

ATTEST:

BY:

Dawn G. Abrahamson
City Clerk

APPROVED AS TO CONTENT:

BY:

Beth Schoenberger
Water Director

APPROVED AS TO FORM:

BY: For:

Veronica A.F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

BY:

Armond Sarkis
Risk Manager

DocuSign Envelope ID: 162EB2E2-5O304E83-BEF5-45739E622ACE Jul 15, 2020 4:59 AM, 635900682 Contract and Routing Form
Contract Number: TBD
Requisition Number : TBD
CitY ot
VALLEJO :20-luD23(-2
Date Originated : Jul 15 , 2020 C alitì)inici
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: Water Department, Treatment Operations
Staff Contact: Rebecca Lane, [email protected] Contract Type: Other: Product Supply Agreement - Bulk - Messer Equipment Vendor : Messer
Contract Not to Exceed Amount : 238500 .00
Contract Start Date: Jul 01, 2019 End Date: Jun 30, 2022 Authority to Contract: City Council Date to Council: Jun 23, 2020 Other Comments:

CAO Risner has approved routing of this Agreement without vendor signature in place first due to Vendor challenges with our process. This Agreement was initially approved by Council on 6/25/19, and several Water Staff have been trying to obtain signature since that time. Upon complete execution by City Staff, the Vendor will be receiving a copy via DocuSign for signature and return.

Attachments are uploaded for review here: https:#bitly/ vContracts Approved Pre-Requisition Form
I have uploaded additional files.No
DocuSign Envelope ID 162EB2E2-5D3C-4E83-BEF5-45739E622ACE Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department /Division
L k
DS
7/ 15/ 2020
- DS
Risk Manager
L Alf
Finance Director
1 va
City Attorney 's Office
Alt
- DS
City Manager 's Office 231
City Clerk <- DS
8/7/2020
8/10/2020
9/8/2020
9/9/2020
(Ul 9/ 9/ 2020
Return executed contract to : Brooke O'Leary
DocuSign Envelope ID: 162EB2E2-5D3C-4E83-BEF5-45739E622ACE Jul 10, 2020 5:51 AM , 634000055 Pre-Requisition Form
Contract Number TBD
602 Requisition Number TBD
City (,1 - 4 -' ll-
VALLEJO vl1 /-v
Cal itc)mia
Finance Department · 555 Santa Clara Street · Vallejo · CA 94590 ' 707·648.4592 Department : Water Department, Treatment Operations
Staff Contact: Rebecca Lane, [email protected] Vendor : Messer LC
Term : Multi-year Term
Anticipated Start Date: Jul 01, 2019
Anticipated End Date: Jun 30, 2022
Anticipated Contract Type: Other. Vendor Product Supply Agreement Purchasing Authority : City Council Anticipated Date to Council : Jun 23, 2020 Total Projected Expenditure: 238500.00
Multiple Project Numbers? Multiple Account Numbers? No, just one Description of Proposed Purchase:

Equipment Lease / Chemical Supply
I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is an existing vendor and I am working to take an action to the City Council because it will exceed the City- wide cap of $100,000 in a single FY.

Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:
c.) Specified materials or equipment that can be obtained from only one source.

Explanation for Vendor Selection:

Due to equipment lease at Travis AFB Water Treatment Plant, Messer is the sole provider of the equipment and the chemical / have obtained council approval.

Other Comments:

This agreement was approved on June 25, 2019, and again on June 23, 2020 (to clarify the terms of the agreement).

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNot sure
DocuSign Envelope ID: 162EB2E2-5D) C# E83-BEF5-45739E622ACE Pre-Requisition Signature Section
Department Comment
Delegated Signee: MikeA Malone
Title : Water Director
E-mail: rebecca.lane@cityoñ/allejo.net
--
DocuSigned by:

Alíll. kdau
*:- 1/ 1-4bUEAJJ44440...

Signature
7/ 10/ 2020
Date
DocuSign Envelope ID 162EB2E2-5D3C-4E83-BEF5-45739E622ACE MESSER
Gases for Life
Ø
Product Supply Agreement - Bulk - Messer Equipment
Messer LLC ("Messer"), a Delaware limited liability company, whose principal place of business is located at 200 Somerset Corporate Blvd., Suite 7000 Bridgewater, NJ 08807, and CITY OF VALLEJO ('Customer"), a California corporation, whose principal place of business is located at 555 SANTA CLARA ST, VALLEJO, CA 94590-5922, agree as follows, effective July 01, 2019 CEffective Date") Part 1 - Definitions , Prices , and Term

1.1 Definitions. Capitalized terms are defined in this agreement. The terms, "Equipment", 'Equipment Rent", "Estimated Monthly Volumes," "Incidental Charges", locations", 'Other Charges", 'Products", 'Product Prices", and "Product Specifications" are defined in Section 1.2. "Term" means the Initial Term and all Renewal Terms (each defined in Section 1.3), collectively. "Term Year" means the 12-month period starting on the first day of the Term. and each succeeding 12-month period.

1.2 Product , Equipment , and Related Terms .

The Products and related Locations, Product Prices, Equipment, Equipment Rent, Estimated Monthly Volumes, Other Charges, Incidental Charges, and Product Specifications are as follows:

Line Product Location Product Estimated Product Other Charges number Price & Monthly Specifications Compliance Delivery Energy Fuel Natural Gas Charge Charge Surcharge Surcharge' Surcharge'UoM Volume Per Delivery Per Delivery Per volume Per Delivery Per volume delivered* delivered
36043 Liquid 383 $1.21 4,060 .00 LOX -LOX 1 $23.00 $19.00 y y y oxygen Fairfield CCF CCF
(048) D rive
Travis

AFB , CA
94535
* Determined in accordance with Messer's cost recovery program in effect at the time that the surcharge is incurred.

Line Bulk Equipment Bulk Equipment Rent:
number Rental Charge Maintenance Charge
per month per month
36043_11 Vertical Size: 6000 $1,415 .00 $188.70
46A MAWP:250
Incidental Charges are Messer's charges for the following incidents in effect at the time of the incident: Less than 48 hours notice/averted deliveries, scale/weigh deliveries, off-site scale/weigh deliveries, Certificate of Analysis, restricted hours less than 120 hours/week or predetermined delivery schedule, signature required for delivery ticket, paper copy of invoice or delivery ticket, delivery delays >30 minutes, must be a first stop, trailer seals required, and Order Only (defined in Section 2.1 (a)).

1.3 Term. The initial term of this agreement starts on the Effective Date and ends three years after the date of Messer's first delivery of Product to the last storage tank installed under this agreement ("Initial Term "). After the end of the Initial Term , the term of this agreement will automatically extend for successive terms (each , a "Renewal Term ") each equal to the Initial Term . However , a party may terminate this agreement on the last day of the Initial Term or any Renewal Term (each, an "Expiration Date") by giving the other party a notice of termination at least 12 months before the Expiration Date.

Part 11 - General Terms for Bulk Product and Equipment

2.1 Product Deliveries .
(a) Subject to Section 2.2(a) Messer shall use commercially reasonable efforts to deliver to each Location, those quantities of Product that are necessary to supply Customer 's requirements at the Location . Messer shall schedule deliveries based upon information generated by an electronic monitor on the storage equipment or tube trailers at the Location , if applicable , Product inventory readings , and usage and operational patterns communicated by Customer, unless Customer requests deliveries on an order only basis ("Order Only"). If Customer requests Order Only , then , until Customer notifies Messer to resume scheduled deliveries : (i) Messer shall use commercially reasonable efforts to deliver Product within 48 hours after Customer's order, subject to an Incidental Charge per order; and (ii) Messer will not monitor the Product inventory at the Locations, or schedule deliveries. (b) Customer shall monitor the Product inventory at each Location, and: (i) provide Messer with Product inventory readings on a timely basis to avoid a Product run-out if either: (1 ) the storage equipment or tube trailers at the Location do not have an electronic monitor; or (2) there is an issue with the power supply to the electronic monitor or the communication lines (e.g. phone lines or cellular coverage) between the monitor and Messer's operat ons center; (ii) order Product on a timely basis to avoid a Product run-out if deliveries are Order Only; and (iri) communicate usage and operational patterns to Messer regardless of whether the storage equipment or tube trailers at the Location have an electronic monitor or del veries are Order Only.

DocuSign Envelope ID: 162EB2E2-5D3C-4E83-BEF5-45739E622ACE

2.2 Product Requirements.
(a) Messer shall supply to Customer an average monthly volume of Product up to 120% of the Estimated Monthly Volume. Messer may supply Customer's requirements in excess of 120% of the Estimated Monthly Volume ("Excess Product") if Messer determines that it has Excess Product available, in which case, the parties shall proceed in good faith to determine any costs required for Messer to supply Excess Product to Customer, and Customer shall pay those costs to Messer. (b) If Customer's average consumption of Product in any six-month period is not more than 65% of the Estimated Monthly Volume, then Messer may revise the related Product Price by giving Customer a notice that states the terms of the revision. Section 3.2(c) will not apply to Product Price revisions under this Section.

2.3 Customer's Obligations Regarding Equipment. Customer shall: (a) furnish, prepare, and maintain in good order and repair at all times, a site CEquipment Site") on which the Equipment will be located before Customer requests Messer to deliver the Equipment; (b} cause the Equipment Site to conform to all applicable laws (including environmental laws) and Messer's specifications and safety requirements for site preparation: (c) cause the Equipment Site to: (i) include a suitable, concrete foundation, free of any oil, grease, lubricants, and other combustibles; (ii) have all utilities, including phone lines, required for the ready and proper use and operation of the Equipment; (iii) be accessible to a distribution system for the delivery of Product from the Equipment Site to all points of use; (iv) have adequate security, including any fencing required to protect against the altering, repairing, adjusting of, or tampering with, the Equipment by unauthorized individuals; and (v) be free of any underground or overhead obstructions; (d) obtain any engineering drawings, site drawings, permits, or licenses that are required for the installation or operation of the Equipment at the Equipment Site; (e) pay to Messer Messefs then current charges for the shipment of the Equipment from the point of manufacture or storage to the Equipment Site, and for the cost of installation and removal of the Equipment (f) pay or reimburse Messer for all Equipment inspections required by law or Messer's inspection policy; and (g) surrender to Messer the Equipment in good condition, ordinary wear and tear excepted, at the time of Messer's removal of the Equipment.

Part 111- General Terms

3.1 Sale of Product and Rental of Equipment.
(a) Except as otherwise provided for in this agreement: (i) Messer shall sell to Customer, and Customer shall buy exclusively from Messer, all of Customefs requirements for the Products for Customer's business operations conducted at the Locations; and (li) Customer shall not:
(1) resell, distribute, or otherwise transfer any Products purchased by Customer from Messer; or (2) purchase from any person or entity any products that Customer could substitute for the Products. (b) Messer shall rent to Customer and Customer shall rent from Messer, the Equipment.

3.2 Pricing and Pricing Revisions.
(a) Customer shall pay to Messer the Product Prices, Equipment Rent, Other Charges, Incidental Charges, . (b) The Compliance Charge results from the costs incurred by Messer to comply with federal, state, and local laws. However, the amount of the Compliance Charge may not relate to actual compliance costs incurred by Messer, which may vary by the type of Product, service, geographic location, orttime. The Comptiance Charge is not a federal, state, or local tax, and Messer need not collect and pay the Compliance Charge to any federal, state, or local government. (c) Messer may revise the Product Prices and the Equipment Rent by giving Customer a notice ( Price/Rent Revision Notice") that states the terms of the revision, at least 15 days before the effective date of the revision. Except as otherwise provided for in this agreement, if a Price/Rent Revision Notice specifies an increase to the Product Prices or Equipment Rent, then Customer may terminate this agreement, only as to those Products affected by the increase ('Affected Products"). and only if: (i) Customer received a bona fide, current written offer from another supplier to sell to Customer the Affected Products in like quantity, in like delivery, and under like conditions, or to rent to Customer equipment for the Affected Products that is equivalent to the Equipment, at a price or at rent, respectively, lower than that established by the Price/Rent Revision Notice ('Offer"); (ii) Customer gives Messer a notice CTermination Notice") that states Customer's intent to terminate this agreement and includes a copy of the Offer within the 15-day period starting on the date of the Price/Rent Revision Notice; and (ili) Messer does not agree to either meet the price or rent terms and related revision terms specified in the Offer (collectively, "Offer Price Terms"), or revert to its previous price or rent within the 30-day period starting on the date that Messer receives the Termination Notice. If Messer agrees to meet the Offer Price Terms, or to revert to its previous price or rent, then Messer may extend the Term until the greater of the end of the contract term provided for in the Offer, or by a period that is equal to the Term and begins on the date that Messer agrees to the Alternative Pricing Option. (d) Messer may apply or revise the Other Charges in accordance with its then current cost recovery program by giving Customer a notice that states the Other Charges and the terms of any revision. (e) The Other Charges, Incidental Charges, revisions to the Other Charges, and the reimbursements required under Section 3.9(a) do not constitute, in any case, a price increase under Section 3.2(c).

3.3 Taxes. Customer shall pay or reimburse Messer for all taxes and other impositions (e.g., fees, permits, and other charges) that are charged by any government (except Messer's income taxes), which relate to the Products or the Equipment, including their presence, use, operation, or maintenance.

3.4 Invoices and Payment Terms.
(a) Customer shall pay all Messer invoices within the thirty-day period starting on the invoice date. Messer may charge interest on past due invoices at the lower of 1 14% per month or the highest rate permitted by law. (b) Customer waives any claim or defense that Customer has regarding any Messer invoice unless Customer delivers to Messer a notice, which describes the basis of the cïaím or defense within the 25-day period starting on the invoice date.

3.5 Change in Location. Messer may satisfy Customefs requirements, under the terms of this agreement, for Products at: (a) any location where Customer expands or relocates the operations of a Location; or (b) any location within a thirty mile radius of a Location where Customer begins conducting any business operations during the Term.

3.6 Health and Safety Concerns.
(a) Customer acknowledges that the Products are hazardous and Customer understands those hazards. Customer shall use Safety Data Sheets ("SDS') for the Products to wam its employees and others who are exposed to the Products of the hazards associated with those DocuSign Envelope ID: 162EB2E2-5DaC-4E83-BEF5-457398622ACE Products. Messer shall provide Customer with a copy of the applicable SDS, or access to the pages on Messer's website that contain SDS.
(b) Customer is solely responsible for determining the suitability, compatibility, and use of the Products.

3.7 Warranties and Sole Remedies.
(a) Messer warrants to Customer that Products delivered to Customer conform to the Product Specifications. Messer does not make any other express warranty regarding the Products. Customer's sole remedy, and the sole obligation of Messer for a breach of Messer's warranty under this Section, or a breach of Messefs obligation to deliver Product as required under this agreement, is for Messer to replace, free of charge, the quantity of Product that does not conform to the Product Specifications, or that Messer failed to deliver as required under this agreement, if, and only if, Customer gives Messer a notice of the breach within the 10-day period starting on the date of the breach. Messer does not make any express warranty regarding the Bulk Equipment. However, Messer shal! maintain the Bulk Equipment and shall repair or replace defective or damaged Bulk Equipment, subject to Section 3.10(c). The Maintenance Charge covers the repair and replacement of defective Bulk Equipment, and repairs or replacements required in connection with ordinary wear and tear.

MESSER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCTS AND THE EQUIPMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (b) Messer warrants to Customer that each Service will be free from any material defects in workmanship for the 90-day period starting on the date of its completion ("Services Warranty Period"). Messer does not make any other express warranty regarding the Services.

Customefs sole remedy, and the sole obligation of Messer for a breach of Messer's warranty under this Section is for Messer to re- perform, free of charge, any Service that does not conform to Messefs warranty if, and only if Customer gives Messer notice of the breach of warranty within the Services Warranty Period.

3.8 Limitation on Damages. In all events, regardless of the legal theory (e.g., breach of contract or warranty, negligence, strict liability, etc.): (a) MESSER IS NOT LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ECONOMIC LOSS, INCLUDING ANY LOSS OF BUSINESS, PRODUCTION, OR PROFiTS; and (b) the total amount of damages that Customer may recover from Messer resulting from any occurrences arising in connection with their relationship contemplated by this agreement is limited to $50,000.00 per occurrence, and $100,000.00 for all occurrences, in the aggregate.

3.9 Force Majeure.
(a) If Messer cannot perform any of its obligations under this agreement by reason of any cause or event, whether foreseeable or unforeseeable, beyond Messer's reasonable control, including any cause or event that makes the delivery of any of the Products commercially impracticable ('Force Majeure Event"), then Messer need not perform the obligation. A Force Majeure Event includes: (i) natural disasters (e.g., earthquake, hurricanes, floods, fire); (ii) major upheavals (e.g., war riots, acts of terrorism, sabotage, labor strikes, embargoes); (iii) A Force Majeure Event includes: (i) natural disasters (e.g., earthquake, hurricanes, floods, fire); (ii) major upheavals (e.g., war riots, acts of terrorism, sabotage, labor strikes, embargoes); (iii) performance failures of any person or entity other than Messer, such as Messefs suppliers or subcontractors (e.g., curtailment of energy sources or other raw materials or feedstock, common carrier failure, contracted labor); (iv) extraordinary events (e.g., machinery and equipment failures or abnormal customer demand); and (v) government intervention (e.g., government orders, court orders, confiscation, condemnation, future laws). If a Force Majeure Event occurs, then Messer shall use commercially reasonable efforts to continue to provide Product to Customer or to provide Customer with replacement product and, unless Customer elects to purchase Product from another supplier as authorized in Section 3.9(b), Customer shall reimburse Messer for additional costs incurred by Messer to provide the Product or replacement product (e.g., additiona! costs associated with special purchase, freight or handling, and additional costs of electricity or other types of energy). If a Force Majeure Event affects only a part of Messefs capacity to deliver Product, then Messer may allocate Product among its customers (including distributors) until its capacity is restored.
(b) Customer may purchase Product from another supplier for Customefs business operations conducted at a Location if: (i) Messer is unable to either continue to deliver Product or deliver replacement product to that Location due to a Force Majeure Event; or (ii) Customer is able to purchase Product from the other supplier at a price lower than the amount equal to Messefs price plus the additional costs described in Section 3.9(a).
(c) If Customer purchases Product from another supplier as authorized by Section 3.9(b), then: (i) Customer shall resume purchasing its Product requirements exclusively from Messer when Messer is able to deliver Product or replacement product to the affected Location at no additional cost; {ii) Messer's warranty obligations under Section 3.7(a) will not apply during the period that any gas Product supplied by the other supplier is in any vessel used to store the Product, any system used to distribute the Product, or any process that uses the Product; and (iii) Customer shall reimburse Messer for any costs incurred by Messer to clean Messer's Equipment to remove contamination caused by gas Products supplied by the other supplier.

3.10 Equipment Ownership, Access, and Risk of Loss.
(a) Customer acknowledges that Messer owns the Equipment, even if Customer afñxes the Equipment to any real property owned or used by Customer. Customer shall not cause or permit: (i) any lien or other encumbrance on or against the Equipment; or (ii) the sublease, pledge, or transfer of possession of the Equipment. Customer shall cause to be removed any liens or other encumbrances that Customer causes or permits on or against the Equipment. Messer may file any financing statements and other notices that Messer deems necessary, including a notice that Messer owns the Equipment. (b) Customer: (i) shall grant Messefs authorized representative access to the Equipment at any time required for the performance of this agreement; and (ii) shall not cause or permit any person or entity other than Messer or Messer's authorized representative to have access to the Equipment.
(c) Customer assumes all risk of loss or damage to the Equipment while it is at the Location, except for any loss or damage resulting from Messefs negligence. If the Equipment is lost or cannot be repaired, then Customer shall pay to Messer an amount equal to the then current replacement cost of the Equipment. If Messer elects to repair any damaged Equipment, then Customer shall pay to Messer an amount equal to the cost of making the repairs.

3.11 Miscellaneous .
(a) This agreement constitutes all of the terms of the contract between the parties regarding its subject matter and supersedes and terminates all previous agreements between the parties regarding this agreement's subject matter. Any term contained in a document used by either DocuSign Envelope [D: 9484C888-FA67-4BAG-9AAC-GFF7DFC,03881 party (e.g., a purchase order or acknowledgement) that conflicts with, is different from, or is additional to, the terms of this agreement is not part of the contract between the parties.
(b) Customers warrants to Messer that: (i) Customer is nol a parly to any pre-existing agreements that restrict Customer from purchasing its requirements for Products under this agreement; and (ii) the person signing this agreement on behalr of Customer has the authority to bind Customer to this agreement.
(c) New Jersey law governs all matters pertaining to the validity, construction, and effect of this agreement, without giving effect to any principles or rules of conflict of laws that apwy the laws of another jurisdiction. (d) A waiver of any breach of this agreement does not constitute a waiver of any succeeding or other breach. (e) The parties may amend this agreement only by a written document that Customer and a Messer authorized representative sign. (f) Even if a court holds any part of this agreement to be invalid, this agreement will remain in force with the invalid part deleted. (g) If Messer agrees to deliver Product requested by Customer for Customefs business operations conducted at the Locations after the termination of this agreement, then, until the parties sign an agreement that supersedes this agreement, the terms of this agreement will apply to those deliveries and to any reiated Equipment However: (i) Customer may also purchase Products requested under the previous sentence from other suppliers; (ii) Messer may charge a market price for any Products that Messer delivers under the previous sentence; and (E) Messer may charge Messer's then current rent for any Equipment thal Messer keeps at a Location to continue to deliver Product under the previous sentence.
(h) Notices: All notices must be written.

Attachments: Addendum To Product Supply Agreement Between City Of Vallejo And Messer LLC attached hereto and incorporated herewith.

CITY OF VALLEJO Messer LLC
By: Greg Nyhoff By: Diane Murphy
(Print Full Name ) (Print Full Name )
City Manager
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ADDENDUM TO PRODUCT SUPPLYAGREEMENT

BETWEEN CITY OF VALLEJO AND MESSER LLC
In addition to the provisions of Paragraph 2, Products, Locations, Equipment, Pricing, and Specifications, City agrees to pay Messer LLC, for the products and equipment specified herein as follows:

For FY 2019-20. a not-to-exceed amount of Seventy-Nine Thousand Five Hundred Dollars and 00/100 ($79,500);
- For FY 2020-21, a not-to-exceed amount of Seventy-Nine Thousand Five Hundred Dollars and 00/100 ($79,500);
- For FY 2021-22, a not-to-exceed amount of Seventy-Nine Thousand Five Hundred Dollars and 00/100 ($79,500);
Total not-to-exceed for the initial term of this Agreement is Two Hundred Thirty-Eight Thousand Five Hundred Dollars and 00/100 ($238,500).

INSURANCE: Messer shall procure and maintain for the duration of this Agreement, including any extensions thereto, all necessary insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or supply of chemicals by Vendor, Vendofs agents, representatives, employees or subcontractors.

INDEMNIFICATION: Messer shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, Vendofs fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Vendor's operations, or anysubcontractofs operations, to be performed under this agreement for Vendofs or subcontractofs tort negligence including active or passive, or strict negligence, including but not limited to personal injury including,but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage toproperty of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Vendor, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the fullperiod of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement.

IN WITNESS WHEREOF, the parties have executed the Product Supply Agreement and this Addendum on the day and year shown below the name of each of the parties.

MESSER LLC
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Print Name / Title: Diane Murphy
9/ 28/ 2020Date:

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èâTIËIf#Rfäff&Ý,49hterim City Attorney Bátê-Daumsdàhmhamson, City Clerk, City of Vallejo City of Vallejo
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IblíkèmmiëlérWater Director, City of VaIlejo
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DocuSign Envelope ID: 162EB2E2-503(- 4E83-BEF5-45739E622ACE L < - 9
City of '=-- -\ -
VALLEJO ".**
California CONSENT CALENDAR 7.F.

DATE: June 23, 2020
TO: Mayor and Members of the City Council
FROM: Mike Malone, Water Director
SUBJECT: PURCHASE AGREEMENTS FOR WATER TREATMENT CHEMICAL SUPPLIES

RECOMMENDATION
Authorize the City Manager to execute purchase agreements related to chemical purchases for Water Department Operations, to include: (1) purchase agreements with vendors that were awarded bids for chemicals for a combined total not to exceed $1,177,254; (2) purchase agreements with vendors that were deemed back-up vendors upon determination that awarded bidders are unable to fulfill their obligations; and (3) purchase agreements with vendors providing specialty chemicals and/or equipment.

REASONS FOR RECOMMENDATION
The Water Department utilizes various chemicals in its water treatment plants, and must make significant operational purchases during the fiscal year. The Cityls participation in the North Bay Agency Chemical Pool has provided volume pricing for chemicals other than those identified as specialty chemicals. In the event of unforseen COViD-19 impacts, the City Attorney's Council-approved contract negotiation authority will be utilized to avoid interruption in the supply of chemicals.

BACKGROUND AND DISCUSSION
Since 1995, the City of Vallejo has panicipated in the North Bay Agency Chemical Pool (NBACP) for procurement of water treatment chemical supplies. The Vallejo Municipal Code section 3.20.080c authorizes purchases of supplies through contracts of other public agencies and cooperative purchasing agreements where it is advantageous to the City. Participation in the NBACP allows the City and participating agencies to purchase chemicals through a formal bid process that facilitates competitive high-volume pricing (at higher supply volume with competitive results), that is lower than what the City and participants could obtain in individual procurement processes. For FY 2020-21, in addition to the City of Vallejo, the following agencies are NBACP participants: American Canyon, Benicia, Calistoga, Davis. Fairfield, Napa, Petaluma, Saint Helena, Solano Irrigation District, Vacaville, Vallejo Flood and Wastewater District, and Yountville. Every two years, responsibility for coordination of NBACP bids rotates to a different participating agency. It is the City of Vallejo's turn to coordinate the bids for this year and next.

NBACP issued Invitation for Bids on April 7, 2020, and May 11, 2020, and the following bids for the supply of chemicals for water treatment were received:

1. Aluminum Sulfate (Alum)
Chemtrade Chemicals US LLC, Parsippay, NJ $285 per ton
DocuSign Envelope ID: 162EB282-5032-4883 -BEF5-45739E622ACE Date: June 23, 2020
Subject: PURCHASE AGREEMENTS FOR WATER TREATMENT CHEMICAL SUPPLIES

Page 2 ends

Thatcher Company of California, Salt Lake City, UT $285 per ton

2. Sodium Hvdroxide (Caustic Soda, 50% solution)
Univar USA, Redwood City, CA $443 per ton
Olin Corporation, Tracy, CA $507 per ton

3. Sodium Hydroxide (Caustic Soda. 25% solution)
Olin Corporation, Tracy, CA $567 per ton
Univar USA, Redwood City, CA $536 per ton

4. Hvdrofluorosilicic (100%)
DuBois Chemicals, Inc., Nampa, ID $1,604.35 per ton

5. Sodium Hvpochlorite (12.5% solution. Full Load)
Olin Corporation, Tracy, CA $0.695 per gallon
Univar USA, Redwood City, CA $0.728 per gallon

6. Sodium Hypochlorite (12.5% solution, Short Load )
Olin Corporation, Tracy, CA $0.818 per gallon
Univar, USA, Redwood city, CA $0.934

7. Liquid Oxygen (LOX)
Praxair, Inc., Burr Ridge, IL $1.00 CCF (100 fts units) Three members of NBACP, including the City of Vallejo, utilize liquid oxygen (LOX) in water treatment operations. (LOX is essential to the ozonation process, a key step in Vallejo's disinfection of source water at the Fleming Hi[I and Travis treatment plants.) Due to the current COVID-19 situation and supply-chain impacts, the market demand for LOX has significantly increased, impacting supply and cost. NBACP received a bid from one supplier, and entered into negotiations with that supplier to obtain a mutually acceptable rate.

The rate is tied to an index (Diesel Retail Prices as published by the US Energy Information Administration) and may be subject to quarterly adjustments during this fiscal year. Accordingly, Water Staff anticipates increased costs with respect to the purchase of LOX, and is concurrently evaluating feasibility of operational modifications that will not impact water quality with respect to LOX.

Specialtv Chemicals:

In addition to the NBACP process, the City purchases specialty chemicals that are available from limited DocuSign Envelope ID 162EB2E2- 5D3C -4E83 -BEF5-45739E622ACE Date. June 23, 2020
Subject: PURCHASE AGREEMENTS FOR WATER TREATMENT CHEMICAL SUPPLIES

Page 3 ends

sources and for which there is no adequate substitute, as provided in Section 3.20.060(A)(2) - Competitive Purchasing Section - Exemptions. As such, the City has existing contracts for the supply of the following chemicals for water treatment for fiscal year (FY) 2019-20. The proposed contracts will permit purchasing of these specialty chemicals through June 30, 2021.

1. PolyAIuminum Chloride (PACI)
CalChem, Inc., Modesto, CA (CC2210/2220 - short load) $0.296/0.656 per pound Summit Chemical Specialty Products (Back-Up Supplier)

2. Anionic Polymer (Clarifloc A6360 @ 250 gallon totes) SNF Polydyne, Riceboro, GA (Clarifloc A6360) $1.16 per pound

3. Cationic Polymer (Nalco 8102 Plus @ 250 gallon totes) Nalco Company, Naperville, IL (8102+) $1.55 per pound
Finally, on June 25, 2019, Council authorized a contract with Messer LLC, Stewartsville, NJ through June 30, 2020, in an amount not to exceed $79,500. Messer LLC has provided liquid oxygen (LOX) to the Travis Water Treatment Plant since 1999 (when the agreement with Messer LLC went into effect) and includes a monthly facility fee for the rental of equipment provided by Messer LLC which, in turn, obligates the City to purchase LOX exclusively from Messer LLC. Staff would like to advise Council that the agreement with Messer LLC is for a period of three years (through June 30, 2022); the agreement does not expire June 30, 2020 (as was inadvertently stated in the June 25, 2019 staff report).

FISCAL IMPACT
The North Bay Agency Chemical Pool's Chemical Supply bids use anticipated quantities to obtain unit prices, The City's actual chemical quantity needs are dependent on the dosages required to treat seasonally variant source water quality in compliance with State and Federal Environmental Protection Agency requirements.

Pricing may be impacted by the COVID-19 situation. The Water Department included $954,000 in the proposed FY 2020-21 Water Enterprise Budget to cover the projected cost of treatment chemical supplies for the fiscal year.

DocuSign Envelope ID. 162EB2E2-5D3C-4E83-BEF5-45739E622ACE Date: June 23, 2020
Subject: PURCHASE AGREEMENTS FOR WATER TREATMENT CHEMICAL SUPPLIES

Page 4 ends

ATTACHMENTS

1. NBACP_Chemical Agreement SE Stamped

CONTACT
Mike Malone, Water Director (707) 648-4307
[email protected]
DocuSign Envelope ID: 162EB2E2-50304883 -BEFS-45739E622ACE DATE(MMÆX)mmACORD CERTIFICATE OF LIABILITY INSURANCE 02,28/2020 THIS CERTWICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA11VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATWE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s).

PRODUCER
LUNIAL 1 Tammy RoventiniNAME:Aon Risk Services Southwest , Inc . (866) 283-7122 , rAÁHouston Tx Office (AIC. No. Ext): | mr Nni· (800) 363 -01055555 San Felipe E-MAR-Suite 1500 ADDRESS:Houston TX 77056 USA
INSURER(S) AFFORDING COVERAGE NAIC #

INSURED
Messer Industries USA , InC .
200 Somerset Corporate Blvd
Bridgewater NJ 08807 USA
INSURER A: National Union Fire Ins Co of Pittsburgh 19445 INSURER 8: XL Insurance America Inc 24554
INSURER C: New Hampshire Ins . Co .

INSURER D:
112;URER E:

Ir,mUREER F:

COVERAGES CERTIFICATE NUMBER: 570075137260 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HA\,E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN LS SUBJECT TO ALL THE TERMS, EXCLUSIONSANDCONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSH ADUL SUUM. POUCY EF+ POUCY EXP
LTR TYPE OF INSURANCE INED WVO POUCY NUMBER IMM,DOn,YYO (MM,DDI,Yrfì UNITS 8 X COMMERCIALGENERALLIABILITY US00089785 LI20B 03/ 01/2020 01/ 01/ 2021 EACH OCCURRENCE $1, 000 ,000 -- CLAIMS·MADE | X | OCCUR General Liability DAMAGE TO RENTED 5500 ,000PREMISES (Ea occurrence) MED EXP (Anyone person) 510 . 000
PERSONAL & ADVINJURY $1 ,000 ,000
GE fL AGGREGATE LIMITAPPLIES PER . GENERALAGGREGATE $2 .000 ,000 -X. POUCY _| ECT U LOC PRODUCTS - COMPOPAGG $2 ,000 ,000 r,THFA ·
A AUTOMOBËLE UAB-ITY

ANYAUTO
CA 6631220
Commercial Auto (AOS)
03/01/2020 03/ 01/ 2021 COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY ( Pirperson)
$2,000,000
- rlaCHEDULED
1 ZMscFLLY L-! AUTOS
X HIREDAUTOS I XI NON-0*NED
- or,2.Y --· AUTOS ONLY
BODILY INJURY (Peraccádent)

PROPERTY DAMAGE
{Peraccident)

B X UMBREUALIAB X OCCUR
EXCESS UAR CLAIMS·MADE
DËD < RETENTION

C WORKERS COMPENSATIONAND
EMPLOYERS · LIABILITY
RWR17EECLmVE
NfA
(Mandatorrin /419
Ifyes. descrte under
DESCRIPTION OF OPERATIONS below
US00089786LI20B
umbrella Liability
WC023096071
workers comp (Aos)
03/01 / 2020 01/01 / 2021 EACH OCCURRENCE

AGGREGATE
03/ 01/ 2020 03/ 01/2021 X PER STATUTE
| H
Et EACH ACCIDENT
E.L DLSEASE-EAEMPLOYEE
E.L. DISEASE-POLICY LIMIT
59,000,000
$9,000,000
51,000.000
$1,000,000
51,000,000
DESCRO'TION OFOPERATIONS J LOCATIONS 1 VEHICLES (ACORD 1 0 1, Additional Rernårks Schedule , may be attached 11 more õpace lã mquir, d)
see attached for Evidence of Coverage.

CERTIFICATE HOLDER CANCELLATION
Evidence of Coverage
c/o Messer Industries USA , Inc .
200 Somerset Corporate Blvd.

Bridgewater NJ 08807 USA

SHOULD ANYOF THE ABOVEDESCRIBEDPOUCIES DE CANCELLEDDEFORETHE EXPIRATION

DATE THEREOF , NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4 DocuSign Envelope ID: 162682E2-5D3O-4E83-BEF5-45739E622ACE AGENCY CUSTOMERID: 570000076566
LOC #:

ACORD

ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED
Aon Risk services Southwest, Inc. Messer Industries USA , InC.

POUCY NUMBER
See certificate Number: 570075137260

CARRIER
See Certificate Number: 570075137260
NA]CCODE
EFFECTIVE DATE_

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Cerificate of Liability Insurance - Policies
Commercial Auto (MA), CA 6631222, Policy Term 3/1/2020 - 3/1/2021 National Union Fire Insurance Company of Pittsburgh, Pa.

Commercial Auto (VA), CA 6631221 , Policy Term : 3/1/2020 - 3/1/2021 The Insurance Company of the State of Pennsylvania
ppT Auto CAOS), CA 6631220, Policy Term: 3/1/2020 - 3/1/2021 National Union Fire Insurance Company of Pittsburgh, Pa.

PPT Auto (MA), CA 6631222 , Policy Term : 3/1/2020 - 3/1/2021 National Union Fire Insurance Company of pittsburgh, Pa.

PPT Auto (VA), CA 6631221 , Policy Term : 3/1/2020 - 3/1/2021 The Insurance Company of the State of pennsylvania
workers compensation (IL KY NC NJ PA UT VA) . WCO23096072, policy Term: 3/1/2020 - 3/1/2021 New Hampshire Insurance Company
Workers compensation (CA), wc023096068 , policy Term : 3/1/2020 - 3/1/2021 American Home Assurance Company
Workers Compensation ( FL), WC023096069, policy Term : 3/1/2020 - 3/1/2021 Illinois National Insurance Co.

Workers Compensation (MA OH WA WI), wc023096O70, Policy Term: 3/1/2020 - 3/1/2021 New Hampshire Insurance Company
Named Insured also includes:

The ACORD name and logo are registered marks of ACORD C rl
DocuSign Envelope ID: 16268262-503C# E83-BEFS-457392622ACE

ACORIZF
AGENCY CUSTOMER ID: 570000076566
LOC #:

ADDITIONAI RFMARKS SCHFO [ 11 F

AGENCY NAMED INSURED
Aon Risk Services Southwest , Inc. Messer Industries USA, Inc .

POUCY NUMBER
See Certificate Number : 570075137260
CARKER
See Certificate Number : 570075137260

NAIC CODE

EFFECTIVE DATE

ADDITONAL REMARKS
| THIS ADDInONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Uablïity Insurance coverage of Forms
General Liability :

CG 2010 12 19 - Additional Insured - Owners , Lessees or Contractors - scheduled person or Organization CG 2037 12 19 - Additional Insured - owners, Lessees or contractors - Completed operations CG 2018 12 19 - Additional Insured - Mortgagee, Assignee, or Receiver Blanket Additional Insured- Vendors CG 20 15 (12 19)- As required by a written contract or agreement Additional Insured - Lessor of Leased Equipment - Automatic Status when Required in a Lease Agreement with You CG 20 34 (12 19)
Blanket Additional Insured - Managers or Lessors of premises CG 20 11 (12 191 - As required by a written contract or agreement
Waiver of Rights of Recovery Against Others to Us CG 24 04 (12 19) - As required by a written contract policy contains a Separation of Insureds Clause
Primary & Non-Contributory Endorsement - XIL 424 (06 05) General Liability coverage includes products Liability, Completed Operations, Premises/Operations Liability and Contractual Liability, self Insured Retention applies per policy terms & conditions.

Auto Liability (Commercial AOS & PPT AOS):

The policy provides Contractual Liability coverage and includes Separation of Insureds under Definition of "Insured"
Motor Carrier Act of 1980 - Limits $1,000,000 Each Accident (MCS-90) DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE CA 20 48 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 62897 LESSOR-ADDITIONAL INSURED AND LOSS PAYEE CA 20 01
ADDITIONAL INSURED-PRIMARY & NONCONTRIBUTORY COVERAGE 74445 workers compensation:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS: ENDORSEMENT WC 00 03 13 umbrella Liability:

The Umbrella program applies excess of the General Liability , Automobile Liability and Employers Liabilitypolicies, subject to the terms of the policies. The existence of more than one Insured, Additional insuredor other interests shall not serve to increase the limits of liability of the policy.

Umbrella Liability coverage includes Products Liability , Completed operations, premises/operations Liability and Contractual Liability. Umbrella Liability coverage follows form of the Additional Insured and Waiver of Subrogation coverage, subject to the terms of the policy .

The ACORD name and logo are registered marks ofACORD

Vallejo City CouncilOctober 11, 2022

Vallejo City Council
October 11, 2022