Hybrid Options are available for members of the public to participate. To participate remotely:
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 during public comment, please visit, www.cityofvallejo.net/publiccomment
VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
MAY 9, 2023
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. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF NATIONAL SAFE BOATING WEEK - MAY 20-26, 2023
B. PRESENTATION OF A PROCLAMATION HONORING FALLEN HEROES ON MEMORIAL DAY - MAY 29, 2023
C. WASHINGTON D.C. YOUTH DELEGATION PRESENTATION
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. APPROVALOF MINUTES
Recommendation: Approve minutes for the special meeting of April 18 and the special and regular meetings of April 25, 2023
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. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH
AVILA PROJECT MANAGEMENT FOR ON-CALL PROJECT
MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $500,000 THROUGH JUNE 30, 2026
Recommendation:
Adopt a resolution authorizing the City Manager to execute a Design Professional Agreement with Avila Project Management, to provide on-call project management services in an amount not to exceed $500,000 through June 30, 2026.
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
D. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH ALFRED CONHAGEN, INC. FOR
MACHINE SHOP AND FIELD MAINTENANCE FOR THE WATER
DEPARTMENT IN AN AMOUNT NOT TO EXCEED $250,000
Recommendation:
Adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Alfred Conhagen, Inc. for repair and maintenance services for a not to exceed amount of $250,000.
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
E. ADOPT A RESOLUTION DECLARING A WATER SHORTAGE CONDITION IS OVER AND REPEAL THE IMPLEMENTATION OF STAGE 2 OF THE 2020
WATER SHORTAGE CONTINGENCY PLAN
Recommendation: Adopt a resolution declaring a water shortage condition no longer exists and repealing the implementation of the 2020 Water Shortage Contingency Plan Stage II.
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
F. ADOPT A RESOLUTION APPROVING THE AWARD OF A DESIGN
PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF
$975,601.75 TO INTERWEST CONSULTING GROUP, INC. TO DELIVER THE LAKE DALWIGK IMPROVEMENT PROJECT (PW9443) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a resolution approving the award of a Design Professional Services Agreement in the amount of $975,601.75 to Interwest Consulting Group, Inc. to deliver the Lake Dalwigk Improvements Project (PW9443) and authorizing the City Manager to execute same.
Contact: Melissa Tigbao, Public Works Director (707) 648-4433 [email protected]
G. AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF VALLEJO’S SUPPORT FOR ADVANCE PEACE’S COMMUNITY BASED
VIOLENCE INTERVENTION AND PREVENTION INITIATIVE GRANT
PROPOSAL
Recommendation: Authorize the Mayor to sign a letter on behalf of the City of Vallejo, expressing the City’s support for Advance Pease’s Community Based Violence Intervention and Prevention Initiative (CVIPI) grant proposal.
Contact: Terrance Davis, Assistant City Manager; (707) 648-4301 [email protected]
H. ISSUE A PROCLAMATION DECLARING WEEK OF MAY 21 AS "NATIONAL PUBLIC WORKS APPRECIATION WEEK"
Recommendation: At the request of Public Works Director Tigbao, issue a proclamation declaring the week of May 21 as "National Public Works Appreciation Week"
Contact: Mayor McConnell
[email protected]
I. ISSUE A PROCLAMATION DECLARING WEEK OF MAY 7 AS "NATIONAL DRINKING WATER WEEK"
Recommendation: At the request of Water Director Schoenberger, issue a proclamation declaring the week of May 7 as "National Drinking Water Week" Contact: Mayor McConnell
[email protected]
9. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action 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), or via phone, by dialing (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. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420. In person speakers will be recognized first.
A. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $15,669,387.04 FOR INSTALLATION AND
IMPLEMENTATION OF ADVANCED METERING INFRASTRUCTURE (AMI) Recommendation: Adopt a resolution authorizing the City manager to execute a professional services and construction services agreement with Badger Meter, Inc. for an Advanced Metering Infrastructure (AMI) project for a not to exceed amount of $15,669,387.04 and authorize the City Manager to approve change orders within the original contract amount.
Contact: Beth Schoenberger, Water Director
[email protected] (707) 648-5439
B. ADOPT A RESOLUTION APPROVING THE MEASURE P OVERSIGHT
COMMITTEE SUPPLEMENTAL APPLICATION
Recommendation: Adopt a resolution to approve supplemental questions to be used for the Measure P Oversight Committee application process.
Contact: Terrance Davis, Assistant City Manager, 707-648-4301 [email protected]
C. ADOPT A RESOLUTION APPROVING THE POLICE OVERSIGHT AND
ACCOUNTABILITY COMMISSION SUPPLEMENTAL QUESTIONNAIRE
Recommendation: Adopt a resolution approving the Police Oversight and Accountability Commission Supplemental Application.
Contact: Randy Risner, Chief Assistant City Attorney (707) 648-4545 [email protected]
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
Members of the public can:
Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Tuesday, May 2, 2023
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 3:45 p.m., Tuesday, May 2, 2023.
Dated: Tuesday, May 2, 2023
Dawn G. Abrahamson, City Clerk
Special City Council Meeting Minutes
April 25, 2023
Page | 1
VALLEJO CITY COUNCIL
SPECIAL MEETING MINUTES
APRIL 25, 2023
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, and Assistant City Manager Davis
Speakers: Melissa Swift and Joe E.
The Council convened into Closed Session at 6:07 p.m.
3. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957
Title: City Manager
4. ADJOURNMENT
The meeting adjourned at 6:54 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
Regular City Council Meeting Minutes
April 25, 2023
Page | 1
VALLEJO CITY COUNCIL
REGULAR MEETING MINUTES
APRIL 25, 2023
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 7:00 p.m.
2. ROLL CALL
Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
Absent: None
Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported there was no reportable action regarding Closed Session Item 3A. The Council will be meeting again on this item.
5. PRESENTATIONS AND COMMENDATIONS
Action: a video introducing new city employees was aired and Councilmembers Arriola and Bregenzer presented the proclamations.
A. INTRODUCTION OF NEW EMPLOYEES
B. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF VOLUNTEER
APPRECIATION
C. PRESENTATION OF A PROCLAMATON IN RECOGNITION OF TOURISM WEEK - May 7-13, 2023
6. FIRST COMMUNITY FORUM
Speakers: Vincent McMillan and Tehraleigh Martin
7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None
8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Item 8F from the Consent Calendar making it Item 8.1.
Regular City Council Meeting Minutes
April 25, 2023
Page | 2
A. APPROVAL OF MINUTES
Recommendation: Approve the minutes for the special and regular meetings of April 11, 2023 and the special meeting of April 14, 2023 Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Approved minutes.
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]
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. PAYMENT OF CLAIMS: FEBRUARY 2023
Recommendation: Ratify the payment of claims for the period of February 1, 2023 through February 28, 2023.
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: Ratified payment of claims for February 1-28, 2023.
D. CITY TREASURER’S INVESTMENT REPORT
Recommendation: Accept the City Treasurer’s Investment Report for the quarter ended March 31, 2023
Contact: Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
Action: Accepted City Treasurer’s Investment Report for quarter ended March 31, 2023.
E. ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED
ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2023-24, AND
FUNDING ALLOCATIONS FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM PROJECTS AND ACTIVITIES
Recommendation: Adopt a Resolution approving the City of Vallejo's Annual Action Plan (AAP) for Fiscal Year (FY) 2023-24 and funding allocations for submission to the U. S. Department of Housing and Urban Development (HUD), as recommended by the Housing and Community Development (HCD) Commission and staff.
Contact: Gillian Hayes, Assistant City Manager, (707) 648-4163 [email protected]
Action: Adopted Resolution No. 23-051 N.C.
Regular City Council Meeting Minutes
April 25, 2023
Page | 3
F. ADOPT A RESOLUTION APPROVING PROJECT PLANS AND
SPECIFICATIONS FOR THE F3 MARINA TENANT
IMPROVEMENT/BARRIER PROJECT (PWC111) (PROJECT); FINDING THE
PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15301; AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $471,565 TO MVP CONSTRUCTION, LLC IN ACCORDANCE
WITH THE APPROVED PLANS AND SPECIFICATIONS AND REJECTING ALL OTHER BIDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT
Recommendation: Adopt a resolution approving project plans and specifications for the F3 Marina Tenant Improvement/Barrier Project (PWC111) (Project); finding the Project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301; awarding a construction contract in the amount of $471,565 to MVP Construction, LLC in accordance with the approved plans and specifications and rejecting all other bids; and authorizing the City Manager to execute the contract.
Contact: Melissa Tigbao, PE, Public Works Director, (707) 648-4085 [email protected]
Action: item was removed from the Consent Calendar at the request of Councilmember Arriola.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 23-052 N.C.
G. ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO AMENDING
THE FISCAL YEAR BUDGET TO INCLUDE SOLANO COUNTY AMERICAN
RESCUE PLAN ACT (ARPA) GRANT AWARD FUNDS IN THE AMOUNT OF $3,000,000 (STEP 2 OF 2 STEP PROCESS)
Recommendation: Adopt a Resolution amending the Capital Grants and Contributions Fund #221 (Project CARP23) fiscal year 2022-2023 budget to recognize County of Solano American Rescue Plan Act (ARPA) grant revenue and to appropriate funds in the amount of $3,000,000 for the Broadway Project (step 2 of a 2-step process).
Contact: Michael Malone, City Manager (707) 648-4308
[email protected]
Action: Adopted Resolution No. 23-053 N.C.
H. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH CONTRA COSTA COUNTY FOR PUBLIC SAFETY
RADIO COMMUNICATION SERVICES
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Contra Costa County for public safety radio communication services.
Regular City Council Meeting Minutes
April 25, 2023
Page | 4
Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
Action: Adopted Resolution No. 23-054 N.C.
I. ADOPT RESOLUTION AMENDING THE FY22-23 SALARY PLAN TO ADD
ONE HOUSING DIRECTOR
Recommendation: Adopt a resolution to amend the City’s Salary Plan, as follows, effective April 25, 2023:
On Full-Time Equivalent listing:
1. Delete one 1.0 FTE Housing and Community Development Manager
2. Add one 1.0 FTE Housing Director
On the Salary Schedule
1. Add Housing Director classification at range 636.
Contact: Terrance Davis, Interim Human Resources Director (707) 648-4301 [email protected]
Action: Adopted Resolution No. 23-055 N.C.
J. AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF
VALLEJO'S SUPPORT FOR THE VALLEJO CITY UNIFIED SCHOOL
DISTRICT'S STRATEGIC PLAN
Recommendation: Authorize the Mayor to sign a letter on behalf of the City of Vallejo, expressing the City’s support for the Vallejo City Unified School District’s Strategic Plan for the years 2022-2027.
Contact: Michael Malone, City Manager (707) 648-4308,
[email protected]
Action: Authorized the Mayor to sign a letter on behalf of the City of Vallejo, expressing the City’s support for the Vallejo City Unified School District’s Strategic Plan for the years 2022-2027.
K. ADOPT RESOLUTION APPROVING THE FIFTH AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY AND AKIN GUMP STRAUS HAUER & FELD, INCREASING THE NOT-TO-EXCEED BY $130,000, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
Recommendation: Adopt a resolution approving the Fifth Amendment to the Consultant and Professional Services Agreement with Akin Gump Straus Hauer & Feld (“Akin Gump”) for legislative affairs services, increasing the not-to- exceed amount by $130,000 and authorizing the City Manager to execute same.
Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Action: Adopted Resolution No. 23-056 N.C.
L. APPROVE A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
EXECUTE AN AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM
OF WHITE BRENNER LLP IN SACRAMENTO, CALIFORNIA FOR
LITIGATION AND ADVISORY SERVICES RELATED TO WATER LAW AND Regular City Council Meeting Minutes
April 25, 2023
Page | 5
ENVIRONMENTAL LAW
Recommendation: Adopt resolution authorizing the City Attorney to execute a fee agreement with the law firm of White Brenner in an amount not to exceed $500,000.
Contact: Randy Risner, Chief Assistant City Attorney
[email protected]
Action: Adopted Resolution No. 23-057 N.C.
M. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
APPROVE A 60-DAY EXTENSION (WITH A POTENTIAL ADDITIONAL 60-
DAY EXTENSION) TO LESSEE'S DUE DILIGENCE PERIOD PURSUANT TO SECTION 3.3 OF THE LEASE OF 285 MARE ISLAND WAY AND FINDING
THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15309
Recommendation: Adopt a resolution authorizing the City Manager to approve a 60-day extension to Lessee's due diligence period pursuant to Section 3.3 of the Lease for 285 Mare Island Way and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15309.
Contact:
Gillian Hayes, Assistant City Manager, (707) 648-4163;
[email protected]
Michael Nimon, Economic Development Director, (707) 648-4109; [email protected]\
Action: Adopted Resolution No. 23-058 N.C.
9. ACTION CALENDAR
A. RECEIVE PRESENTATION ON OPPORTUNITIES TO PROTECT MINORS
FROM ACCESS TO TOBACCO PRODUCTS INCLUDING A POSSIBLE
TOBACCO RETAIL LICENSE ORDINANCE AND ENFORCEMENT OPTIONS
RELATING TO STATE AND LOCAL LAW AND PROVIDE DIRECTION TO STAFF
Recommendation: Receive presentation on opportunities to protect minors from access to tobacco products including a possible tobacco retail license ordinance and enforcement options relating to state and local law and provide direction to staff.
Contact: Councilmember Bregenzer
[email protected]
Joseph Hyden and members of the LGBTQ Minus Tobacco and Bay Area Community Resources (BACR) provided a presentation.
Speakers: Monica Brown, William Downer, Heena B., Raymond Courtemanche, Blythe Young, Mary Kemp, Tino Ratliff, Bob Gordon, Camille Cummings, Antonio Preciado, Tehraleigh Martin, and Nefer Faris.
Regular City Council Meeting Minutes
April 25, 2023
Page | 6
Staff responded to questions from Councilmembers. Councilmembers provided comment and direction to staff to return to Council with a comprehensive ordinance for its consideration.
B. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A SIDE LETTER OF AGREEMENT APPROVAL BETWEEN THE CITY OF
VALLEJO AND THE VALLEJO POLICE OFFICERS' ASSOCIATION
Recommendation: Adopt a resolution authorizing the City Manager to execute a side letter of agreement to the amended 2019 Tentative Agreement between the City of Vallejo and the Vallejo Police Officers’ Association for Master Officer Program pay to become pensionable compensation.
Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Staff responded to questions from Councilmembers.
Speakers: Anne Carr and Joe Estrada.
City Attorney Nebb addressed concerns raised by the speakers.
Councilmembers provided comment.
Action: Moved by Vice Mayor Verder-Aliga and carried to adopt Resolution No. 23-059 N.C. (Noes – Arriola; Abstain - Palmares- abstention was cast as an aye vote pursuant to Vallejo Municipal Code Section 2.02.680(c)).
The meeting recessed at 9:10 p.m. and reconvened at 9:23 p.m.
C. COUNCIL DISCUSSION AND POSSIBLE DIRECTION ON ESTABLISHING
COUNCIL SENIORITY AS REQUESTED BY COUNCILMEMBER MATULAC (STEP 2)
Recommendation: Council to consider and possibly provide direction on policy establishing Council seniority that could be used in determining seating at the dais following a General Municipal Election when newly elected members of the Council are seated, when the position of Vice Mayor is rotated annually in non- election years, and potentially in determining the selection of a Vice Mayor.
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4528 [email protected]
Councilmember Matulac explained the reason for his request.
Councilmembers provided comment.
Action: By consensus of the Council, seniority will be determined in January 2025 when the newly elected mayor and councilmembers are seated.
Regular City Council Meeting Minutes
April 25, 2023
Page | 7
10. INFORMATION CALENDAR
A. PAVEMENT MANAGEMENT PLAN UPDATE
Recommendation: This item is for informational purposes only. There is no action or staff report associated with this item.
Contact: Melissa Tigbao, Public Works Director (707) 648-4433 [email protected]
Public Works Director Tigbao provided an update on Vallejo’s roadway network, reviewed how pavement condition is measured and how it deteriorates over time, discussed financing options and goals, estimated improvements and project planning for success, and concluded the presentation by outlining next steps.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
B. MARE ISLAND CFD INFORMATIONAL PRESENTATION
Recommendation: This item is for informational purposes only. There is no action or staff report associated with this item
Contact: Gillian Hayes, Assistant City Manager (707) 648-4576 [email protected]
Assistant City Manager Hayes provided introductory comments and introduced Susan Goodwin (Goodwin Consulting Group) who provided a presentation.
Speakers: Daniel Glaze, Daniel Boone, Monica Brown, Susan Nichols, Sherianne Grimm, Wendell Quigley, Brian Nagy, and Anne Carr.
Staff and the Consultant responded to comments from the speakers and questions from Councilmembers. Councilmembers provided comments and directed staff to agendize a 30 minute presentation by MISTY and to confirm a date certain with Council at its next meeting.
11. CITY MANAGER’S REPORT
City Manager Malone announced Thursday is Take Your Child to Work Day and provided an update on staff’s efforts at being present at the Farmers Market.
12. CITY ATTORNEY’S REPORT
City Attorned Nebb provided highlights of her quarterly report.
Regular City Council Meeting Minutes
April 25, 2023
Page | 8
A. QUARTERLY REPORT FOR FISCAL YEAR 2022/2023, THIRD QUARTER (JAN – MAR 2023)
Recommendation: This item is for informational purposes only. There is no action associated with this item.
Contact: Veronica A.F. Nebb, City Attorney (707) 648-4545 [email protected]
13. COMMUNITY FORUM
Speakers: an unidentified member of the public.
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 12:00 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
CONSENT CALENDAR 8.C.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
Kent Carothers, Water Engineering Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DESIGN
PROFESSIONAL SERVICES AGREEMENT WITH AVILA PROJECT MANAGEMENT FOR
ON-CALL PROJECT MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $500,000 THROUGH JUNE 30, 2026
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Design Professional Agreement with Avila Project Management, to provide on-call project management services in an amount not to exceed $500,000 through June 30, 2026.
REASONS FOR RECOMMENDATION
Currently, the Water Department Engineering Division has a vacancy rate of 50%. Due to these staffing challenges, there is a need for consultants to provide supplemental project management assistance for bond funded CIP projects.
BACKGROUND AND DISCUSSION
In 2019, the Vallejo Public Works department executed an agreement (20-PW135) with Avila Project Management to provide various levels of consulting support, such as project management, engineering, CAD Design, and administrative support. The existing contract has been extended, per the agreement, and it was necessary for the Water Department to also use the existing contract for various project management needs.
As a result of staffing shortages, the Water Department Engineering Division does not have sufficient staffing to directly manage all of the the current CIP projects in progress and planned. Avila Project Management assistance enables staff to complete more projects. However, the current timeline for project completion will exceed the existing contract expiration of September 30, 2023. Additionally, it is necessary to secure more resources for ongoing project management needs.
FISCAL IMPACT
This Agreement is for a not to exceed amount of $500,000 through June 30, 2026. The work by Avila Project Management is charged to the CIP budget and is funded though current bond funding. There would be no fiscal impact on the General Fund associated with this project.
Date: May 9, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
DESIGN PROFESSIONAL SERVICES AGREEMENT WITH AVILA PROJECT
MANAGEMENT FOR ON-CALL PROJECT MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $500,000 THROUGH JUNE 30, 2026
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
1. Avila - Design Professional Services Agreement CAO Stamp
2. Avila - Reso for Professional Services Agreement Revised CAO Stamp
CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
Design Professional Services Agreement (Revised 01.2019) Page 1 of 11 Approved as to form:
By: for
Veronica Nebb, City Attorney
DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 6th day of March, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Gerardo G. Avila dba Avila Project Management, hereinafter referred to as CONSULTANT, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
3. Facilities and Equipment. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, CONSULTANT shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, or the acts or omissions of an employee, agent or subcontractor of the CONSULTANT, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for CONSULTANT services, or amendments thereto, where a project-specific general liability policy insures all project Design Professional Services Agreement (Revised 01.2019) Page 2 of 11 participants for general liability exposures on a primary basis and also covers all CONSULTANT’S for their legal liability arising out of their professional services on a primary basis, 2) A CONSULTANT who is a party to a written design-build joint venture agreement.
The provisions of this Section are not limited by the insurance provisions of this Agreement.
The provisions of this section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. CONSULTANT agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for CONSULTANT.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. CONSULTANT shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
Design Professional Services Agreement (Revised 01.2019) Page 3 of 11
8. Independent Contractor. CONSULTANT is an independent contractor.
Neither CONSULTANT nor any of CONSULTANT’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control CONSULTANT only insofar as the results of CONSULTANT’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which CONSULTANT accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. CONSULTANT represents and warrants to City that all CONSULTANT services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that CONSULTANT has all the permits, qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice its profession. CONSULTANT represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONSULTANT to practice its profession.
10. Business License. CONSULTANT and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to CONSULTANT until such business license(s) has been obtained.
11. Standard of Performance. CONSULTANT shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of CONSULTANT’s profession currently practicing in California.
CONSULTANT is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.
CONSULTANT’s responsibilities under this section shall not be delegated.
CONSULTANT shall be responsible to City for acts, errors, or omissions of Design Professional Services Agreement (Revised 01.2019) Page 4 of 11 CONSULTANT’s subcontractors.
CONSULTANT shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by a members of Design Professional‘s profession currently practicing in California.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the CONSULTANT is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the CONSULTANT of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of CONSULTANT.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the CONSULTANT is unable to meet the completion date or schedule of services, CONSULTANT shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. CONSULTANT agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to CONSULTANT pursuant to this Agreement shall be the full Design Professional Services Agreement (Revised 01.2019) Page 5 of 11 and complete compensation to which CONSULTANT and CONSULTANT’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of CONSULTANT. The City shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT.
CONSULTANT shall pay, when and as due, any and all taxes incurred as a result of CONSULTANT’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
CONSULTANT shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. CONSULTANT shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by CONSULTANT to the City Representative. This provision applies only to the following portions of the scope of work:
15. CONSULTANT Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, CONSULTANT shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on May 10, 2023 and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to CONSULTANT. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed four years.
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, CONSULTANT agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional Services Agreement (Revised 01.2019) Page 6 of 11 CONSULTANT. Upon receipt of a notice of termination, CONSULTANT shall perform no further work except as specified in the notice. Before the date of termination, CONSULTANT shall deliver to City all City records and documents, all work products, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay CONSULTANT for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and CONSULTANT for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse CONSULTANT for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of CONSULTANT resulting from services rendered pursuant to this Agreement, shall become the property of City. CONSULTANT agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with CONSULTANT in the performance of CONSULTANT’s services hereunder.
20. Assignment and Subcontracting. CONSULTANT shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of Design Professional Services Agreement (Revised 01.2019) Page 7 of 11 any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.
If subcontracting of work is permitted, CONSULTANT shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the CONSULTANT. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for CONSULTANT to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by CONSULTANT’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) CONSULTANT shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin or ancestry.
CONSULTANT warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by CONSULTANT for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by CONSULTANT of CONSULTANT’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
CONSULTANT shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) CONSULTANT agrees to comply with Title VII of the Civil Rights Act of Design Professional Services Agreement (Revised 01.2019) Page 8 of 11 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Beth Shoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to CONSULTANT: Gerardo G. Avila, J.D.
Principal
Avila Project Management
5248 S. Montecito Drive
Concord, CA 94521
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
Design Professional Services Agreement (Revised 01.2019) Page 9 of 11
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. CONSULTANT will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, CONSULTANT may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City.
CONSULTANT agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of CONSULTANT’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
CONSULTANT shall treat all records and work product prepared or maintained by CONSULTANT in the performance of this Agreement as confidential.
A violation by CONSULTANT of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
CONSULTANT’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
Design Professional Services Agreement (Revised 01.2019) Page 10 of 11
33. News and Information Release. CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for CONSULTANT hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of CONSULTANT.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Design Professional Services Agreement (Revised 01.2019) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Gerardo G. Avila
dba AVILA PROJECT MANAGEMENT
By:
Gerardo G. Avila, J.D.
Principal
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:
Beth Shoenberger
Water Director
APPROVED AS TO FORM:
For:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Design Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit A
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Kent Carothers
Watering Engineering Manager
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
(707) 648-4309
[email protected]
The CONSULTANT’s Representative for this Agreement is:
Gerardo G. Avila, J.D.
Principal
Avila Project Management
5248 S. Montecito Drive
Concord, CA 94521
Phone: (925) 890-9796
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the CONSULTANT Representative and City’s Representative.
2. Services to be Provided.
The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. CONSULTANT will perform the services according to the schedule negotiated for each Statement of Work. If the schedule calls for the services to be performed in phases or discrete increments, CONSULTANT shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. CONSULTANT will complete all services for any Statement of Work by the agreed upon date set forth in the Statement of Work.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, Design Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit A
without written approval of the City Representative. CONSULTANT recognizes that the composition of this team was instrumental in the City’s decision to award the work to CONSULTANT and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience.
Failure to comply with the provisions of this section shall constitute a material breach of CONSULTANT’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows:
•Gerardo G. Avila
•Chris Avila
Design Professional Services Agreement (Revised 01.2019) Page 1 of 3 Attachment 1 of Exhibit A
ATTACHMENT 1 OF EXHIBIT A
CITY OF VALLEJO
STATEMENT OF WORK NO. XX-WDXXX-01
This Statement of Work, effective this day of , 20 , (“Effective Date”) is issued under and subject to all the terms and conditions of the Consultant and Professional Services Master Agreement (“Agreement”) dated as of _ day of , 202 , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Consultant”).
Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.
SECTION 1. SCOPE OF WORK
The scope of work authorized by this Statement of Work is as described below. [Insert Project description or attach a copy of the proposal and incorporate it by reference as Attachment to Statement of Work No. ].
SECTION 2. TIME OF PERFORMANCE
The start date shall be [insert date], and the completion date shall be [insert date].
SECTION 3. NOT TO EXCEED COST AND COMPENSATION
All services performed under this Statement of Work shall be performed and billed per the terms of the Agreement.
City agrees to pay Consultant for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words – e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number – e.g., $2,550.13).
Design Professional Services Agreement (Revised 01.2019) Page 2 of 3 Attachment 1 of Exhibit A
This Statement of Work is released as authorization for work to commence. The parties agree to perform their respective obligations under this Statement of Work in accordance with the terms and conditions of the Agreement.
SIGNATURES ON NEXT PAGE
Design Professional Services Agreement (Revised 01.2019) Page 3 of 3 Attachment 1 of Exhibit A
ATTACHMENT 1 OF EXHIBIT A
STATEMENT OF WORK NO. XX-WDXXX-01
COMPANY NAME,
a California corporation
CITY OF VALLEJO,
a municipal corporation
By: By:
Name
Title
Beth Shoenberger
Water Director
DATE: DATE:
Vallejo Business License No. APPROVED AS TO CONTENT:
By:
Name
Title
Design Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B
EXHIBIT B
COMPENSATION
1. CONSULTANT’s Compensation.
A. Services: City agrees to pay CONSULTANT, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and Zero Cents [$500,000.00].
CONSULTANT shall notify City in writing no later than thirty (30) days prior to the estimated date when CONSULTANT will have billed City the maximum payment amount permitted under this Agreement, and CONSULTANT shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. CONSULTANT’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. CONSULTANT’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of CONSULTANT for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to CONSULTANT.
Design Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B
A. Payments to CONSULTANT shall be made within a reasonable time after receipt of CONSULTANT’s invoice, said payments to be made in proportion to services performed. CONSULTANT may request payment on a monthly basis.
CONSULTANT shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by CONSULTANT shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to CONSULTANT for correction. City shall not be responsible for delays in payment to CONSULTANT resulting from CONSULTANT’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
City of Vallejo – Water Department
Accounting Clerk
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
5. Accounting Records of Design Professional. CONSULTANT shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of CONSULTANT’s direct salary costs for all Services and Additional Services performed under this Agreement and records of CONSULTANT’s Reimbursable Expenses, in accordance with generally accepted accounting practices. CONSULTANT shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.
The obligations of CONSULTANT under this section shall survive this Agreement.
6. Taxes. CONSULTANT shall pay, when and as due, any and all taxes incurred as a result of CONSULTANT’s compensation hereunder, including Design Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B
estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. CONSULTANT shall provide City with CONSULTANT’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Design Professional Services Agreement (Revised 01.2019) Page 1 of 1 Attachment 1 of Exhibit B
ATTACHMENT 1 OF EXHIBIT B
FEE PROPOSAL
Firm: Avila Project Management
Hourly Rates for Project Management to Meet Scope of Work:
Design Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit C
EXHIBIT C
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits no less than:
A. General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.
Design Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit C
D. Professional Liability, (Errors and Omission): $1,000,000.00 coverage continuing for 3 years after completion of services rendered.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Design Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with original certificates of insurance for all insurances required by this Agreement and endorsements effecting general and automobile liability insurance coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City Attorney before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, by this Agreement at any time. All verification of coverage and other insurance documents shall be mailed to the following address or to any other subsequent address as may be directed in writing by the City Attorney:
City of Vallejo
Attn: City Attorney
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROJECT MANAGEMENT SERVICES WITH GERARDO G. AVILA dba AVILA PROJECT MANAGEMENT WHEREAS, the City of Vallejo undergoes a number of tasks associated with the treatment of water and to assist in competing tasks in a timely manner the City of Vallejo contracts with consultant to execute projects due to staff shortages
WHEREAS, the City of Vallejo and Gerardo G. Avila dba Avila Project Management entered into a contract on October 9, 2019, for an amount not to exceed $400,000.00 for Project Management Services in the City of Vallejo Public Works Department and the Water Department has utilized the contract to fulfill various internal engineering project needs; and WHEREAS, the City of Vallejo Water Department has various projects that need to be completed utilizing bond funding that would go beyond the contract end date on September 30, 2023; and WHEREAS, the City will need to enter into a new contractual agreement between the City and Gerardo G. Avila dba Avila Project Management to enable the Water Department Engineering Division to complete outstanding and upcoming projects
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager of the Vallejo City Council to execute a Professional Services Agreement with Gerardo G. Avila dba Avila Project Management for On-Call Consultant Project Management Services in a contract not-to-exceed amount of $500,000.00 and a contract end date of June 30, 2026 with a one-year extension option.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.D.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
John Palesi, Water Facilities Superintendent
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALFRED CONHAGEN, INC. FOR MACHINE SHOP AND FIELD MAINTENANCE FOR THE WATER DEPARTMENT IN AN AMOUNT NOT TO EXCEED $250,000
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Alfred Conhagen, Inc. for repair and maintenance services for a not to exceed amount of $250,000.
REASONS FOR RECOMMENDATION
Approval of the First Amendment provides continuity for field maintenance and machine shop services.
Alfred Conhagen, Inc. provides the City with professional services in support of the City’s water treatment plant operations. This includes the services necessary to be performed at the water treatment plants and pump stations that require ongoing maintenance as the infrastructure continues to age.
BACKGROUND AND DISCUSSION
In late 2022, the Water Department solicited bids for assistance with field maintenance and machine shop service support. Of the vendors who submitted quotes, Alfred Conhagen, Inc. provided a quote with the lowest service rates. Additionally, Conhagen had over twenty years of experience working in the water industry providing maintenance and machine shop services. The Water Department executed a contract with Conhagen in December 2022 for a term of one year, with the option to extend up to four additional years, with a not to exceed amount of $100,000.
Due to staffing shortages, increasing service needs, and rising costs for service, the Water Department needs to increase the original $100,000 contract. Therefore, an amendment is necessary for a new not to exceed amount of $250,000.
FISCAL IMPACT
This First Amendment Agreement increases the not to exceed amount to $250,000, a $150,000 increase over the original contract amount. The Water Enterprise Fund has sufficient available funds in Fiscal Year 2022-2023 to cover the contract increase. There is no fiscal impact on the General Fund associated with this amendment agreement.
Date: May 9, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALFRED CONHAGEN, INC. FOR MACHINE SHOP AND FIELD MAINTENANCE FOR THE WATER DEPARTMENT IN AN AMOUNT NOT TO EXCEED $250,000
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
1. Conhagen - First Amendment to 23-WD103 CAO Stamp
2. Conhagen - Reso for First Amendment to 23-WD103 Revised CAO STAMP
CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
First Amendment to Agreement Between City of Vallejo and Alfred Conhagen, Inc. Page 1 of 3 (Revised 01.2019)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF VALLEJO
AND
ALFRED CONHAGEN, INC.
This First Amendment to the Master Agreement made and entered into on December 29, 2022, hereafter referred to as Agreement, between the Alfred Conhagen, Inc., a California corporation, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 14th day of March 2023.
Consultant and City do mutually agree as follows:
1. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on June 30, 2023. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on June 30, 2024.
2. Payment for Additional Services. In consideration of Consultant providing the Additional Services, Consultant shall be paid an amount not to exceed One-Hundred and Fifty Thousand Dollars and Zero Cents ($150,000.00). The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by said amount and the new not to exceed amount is Two-Hundred and Fifty Thousand Dollars and Zero Cents ($250,000.00).
Consultant agrees that the amount of increase in the not to exceed amount specified above shall constitute full compensation for the Additional Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the Additional Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.
3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written 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 CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.
4. 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.
First Amendment to Agreement Between City of Vallejo and Alfred Conhagen, Inc. Page 2 of 3 (Revised 01.2019)
5. 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.
6. 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.
7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and Alfred Conhagen, Inc. Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
ALFRED CONHAGEN, INC.,
a California corporation
BY:
BEN PIERCE
GENERAL MANAGER
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
MIKE MALONE
City Manager
DATE:
ATTEST:
DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE
CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR REPAIR AND MAINTENANCE SERVICES WITH ALFRED CONHAGEN, INC.
WHEREAS, the City of Vallejo Water Department possess a variety of assets requiring upkeep and specialized equipment needed to service the City’s available water resources treatment plants and pump stations; and
WHEREAS, the City of Vallejo and Alfred Conhagen, Inc. executed a one-year contract in December 2022 with the option to extend for four additional years, for an amount not to exceed $100,000.00 for field services and equipment repair needed for the treatment of water in the City of Vallejo and its various water systems (“Original Agreement”); and WHEREAS, the City of Vallejo has an increasing need to utilize the services provided by Alfred Conhagen, Inc. exceeding the original $100,000 contract amount; and WHEREAS, a First Amendment to the Original Agreement is necessary to increase the not to exceed amount to $250,000.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager of the Vallejo City Council to execute a First Amendment to the Professional Services Agreement with Alfred Conhagen, Inc., for the performance of repair and maintenance services for the Water Department Facilities to increase the total amount of the contract not-to- exceed to $250,000.00.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.E.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION DECLARING A WATER SHORTAGE CONDITION IS OVER AND REPEAL THE IMPLEMENTATION OF STAGE 2 OF THE 2020 WATER SHORTAGE
CONTINGENCY PLAN
RECOMMENDATION
Adopt a resolution declaring a water shortage condition no longer exists and repealing the implementation of the 2020 Water Shortage Contingency Plan Stage II.
REASONS FOR RECOMMENDATION
To be consistent with the Governor’s executive order terminating the requirement of the implementation of Stage II of the City’s adopted Water Shortage Contingency Plan (WSCP), and in anticipation of an increase of water supply availability, Water Department staff recommends that City Council adopt resolutions to do the following: 1) declare the Water Shortage condition no longer exists, 2) terminate the implementation of Stage II Water Shortage of the City’s WSCP.
BACKGROUND AND DISCUSSION
On August 24, 2021, City Council approved implementation of Stage II of the City's Water Shortage Contingency Plan (WSCP) following Governor Newsom's recommended water usage reductions statewide, but prior to the Governor’s mandated implementation of WSCP Stage II. On March 24, 2023, Governor Newsom signed Executive Order N-5-23 which rescinded portions of several prior drought related Executive Orders. Among other provisions, the new Executive Order rescinds a prior mandate for water suppliers to implement all drought response measures associated with a Level 2 Water Shortage Contingency Plan (WSCP).
2023 Water Supply Outlook
Following this winter’s extremely wet weather, water supplies are replenished and sufficient to meet customer demand. The City’s total water supply is considered abundant at this time, with water available for use now and ample supply in storage. The City has sufficient water supplies in storage in Lake Berryessa for the upcoming year, has received State authorization to use 100% of its State Water Project water right this year, due to the very rainy winter. The City is well positioned to respond to a dry year should it occur and Vallejo's water supplies remain adequate for a long-term drought.
FISCAL IMPACT
There may be impacts to the Water Enterprise Fund. Increases in water use will inevitably result in increased water revenue, and associated pumping and chemical treatment supply purchasing costs may also increase. This action has no impact on the General Fund.
ENVIRONMENTAL REVIEW
The City Council’s repealing of Stage II of the WSCP water use restrictions is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15307 as an action by a regulatory agency for protection of natural resources.
Date: May 9, 2023
Subject: ADOPT A RESOLUTION DECLARING A WATER SHORTAGE CONDITION IS OVER AND REPEAL THE IMPLEMENTATION OF STAGE 2 OF THE 2020 WATER
SHORTAGE CONTINGENCY PLAN
ATTACHMENTS
1. Reso to Repeal Stage II 2020 WSCP Revised CAO Stamp
2. Attachment B. Executive Order N-5-23
3. Attachment C. Executive Order N-7-22
CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO REPEAL THE IMPLEMENTATION OF STAGE 2 OF THE
2020 WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the City of Vallejo’s 2020 Urban Water Management Plan was approved on October 12, 2021, and includes an updated Water Shortage Contingency Plan that set forth six water conservation stages, designed to reduce overall water usage; and WHEREAS, the Council declared a Water Shortage on August 24, 2021; and WHEREAS, the 2020 Water Shortage Contingency Plan Stage 2 has been implemented by an act of City Council since October 12, 2021; and
WHEREAS, the State experienced twelve atmospheric rivers between the months of December 2022 and March 2023 which deposited historic levels of precipitation and snow; and WHEREAS, the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found most regions of the Sierra Nevadas are above average for snow water content, and
WHEREAS, as a result of the above average findings for snow water content, Governor Newsom issued Executive Order N-5-23 on March 24, 2023, to terminate several paragraphs of prior executive orders as they related to drought; and
WHEREAS Executive Order N-5-23 terminates paragraph 3 of Executive Order N-7-22 requiring water agencies to implement the shortage response action for a shortage level of up to twenty percent (Level 2); and
WHEREAS the Municipal Code requires specific conservation actions continue regardless of water supply conditions.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby repeal the implementation of Stage II of the 2020 Water Shortage Contingency Plan.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202l, May l 0, 2021, July 8, 202l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across a ll the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between loca l entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a chang ing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critica l the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a fina l annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by loca l communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regiona l, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a loca l agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .l · I'
t (.1 I
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GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
CONSENT CALENDAR 8.F.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
Mark Helbrecht, Transportation Program Superintendent
SUBJECT: ADOPT A RESOLUTION APPROVING THE AWARD OF A DESIGN PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $975,601.75 TO INTERWEST CONSULTING GROUP, INC. TO DELIVER THE LAKE DALWIGK IMPROVEMENT PROJECT (PW9443) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the award of a Design Professional Services Agreement in the amount of $975,601.75 to Interwest Consulting Group, Inc. to deliver the Lake Dalwigk Improvements Project (PW9443) and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The City applied for Clean CA grant funds from Caltrans in 2021 to deliver improvements to the Lake Dalwigk Park area. The City grant application was approved and the City was awarded $4,767,980. Public Works Transportation Division issued an RFP for professional services seeking a consultant team to act as an extension of staff to deliver the Lake Dalwigk Improvements. Interwest was the sole firm that submitted a proposal and they offered to complete the scope of work for $975,601.75. Staff reviewed their proposal and found it to be responsive and responsible and within the expected budget estimate for the professional services delivery scope.
BACKGROUND AND DISCUSSION
The State of California issued a call for projects in August 2021 seeking local agencies to submit grant applications for funding that would help clean-up California and invest in local public / community spaces with an emphasis on underserved communities. Public Works and Economic Development staff worked with the Greater Vallejo Recreation District (GVRD), Vallejo Flood & Wastewater District (VFWD) and others to develop a proposal for delivering improvements to Lake Dalwigk. The project improvements will provide for an accessible, lighted, paved pathway across the park connecting to the Curtola Park n Ride and Soltrans Transit Center, trash receptacles, improved trash capture devices in the drainages to the lake, art and interpretive programming, and trash and graffiti clean-up, restore bathrooms to the park, add shade structures, remove non- native and invasive plants and restore the landscaping with native, drought-tolerant plantings, and incorporate traffic-calming and safe pedestrian crossing on the frontage streets (5th and Lemon Streets).
The City submitted an application to Caltrans on February 1, 2022 for the Clean CA Grant. On March 9, 2022, Caltrans awarded the City $4,767,980.00 for the Lake Dalwigk Park Improvements Project with no required local matching funds. Resolution No. 22-145 N.C., was passed by Council on September 13, 2022, accepting the award of the Clean CA grant and authorizing the City Manager to execute the Restricted Grant Agreement (RGA) with Caltrans. The City executed interagency agreements in January 2023 with GVRD and VFWD to formalize roles and responsibilities related to our partnership to deliver the Lake Dalwigk project. The City then executed our RGA with Caltrans on March 6, 2023.
To supplement agency staff and bring on consultant expertise to deliver this project quickly, Public Works
Date: May 9, 2023
Subject: ADOPT A RESOLUTION APPROVING THE AWARD OF A DESIGN PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $975,601.75 TO INTERWEST CONSULTING GROUP, INC. TO DELIVER THE LAKE DALWIGK IMPROVEMENT PROJECT (PW9443) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
issued a Request for Proposal (RFP) for professional services on March 7, 2023. The RFP was for all services needed to deliver the project except for construction, which will be bid once fully engineered plans, specifications, and estimates (PS&E) are completed. The services required in the RFP included Project Management, Design / Engineer to deliver the 100% PS&E, Outreach and Community Engagement, Grant Management, Construction Management, Construction Bid Support, Non-infrastructure Component Delivery, and Project Close-out.
The RFP deadline was April 4, 2023, and the City received one proposal from Interwest, a SAFEbuilt Company. The proposal was responsive and responsible confirming that they have the resources and expertise to provide all required services by qualified staff and to deliver the project by the grant deadline of June 30, 2024. Staff recommends awarding a design professional contract to Interwest, a SAFEbuilt Company, in the amount of $975,601.75.
Staff will return to Council for the acceptance of the project PS&E design package and award of the contract to the low, responsible bidder for construction.
FISCAL IMPACT
There is no fiscal impact with the approval of this item. There is no required City funding to match this grant and all expenses are already programmed under the Capital Improvements Program PW9443: Lake Dalwigk Park Improvements Project as seen below:
Source Revenue Expenditure
Fund 221: Grants /
Reimbursements
Clean CA Grant - Caltrans
$4,767,980
Professional Services: Interwest ($ 975,601.75)
Remaining Expenses ($3,792,378.25)
TOTAL $4,767,980 ($4,767,980.00)
ENVIRONMENTAL REVIEW
California Environmental Quality Act (CEQA) analysis will be done as part of the project.
ATTACHMENTS
1. RESOLUTION Award Contract to Interwest - Lake Dalwigk_CAO Stamp
2. Interwest PW9443 Lake Dalwigk Contract_CAO Stamp
Date: May 9, 2023
Subject: ADOPT A RESOLUTION APPROVING THE AWARD OF A DESIGN PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $975,601.75 TO INTERWEST CONSULTING GROUP, INC. TO DELIVER THE LAKE DALWIGK IMPROVEMENT PROJECT (PW9443) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
AWARD OF A DESIGN PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $975,601.75 TO INTERWEST TO DELIVER THE LAKE DALWIGK IMPROVEMENTS PROJECT (PW9443) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the City worked with the Greater Vallejo Recreation District (GVRD), Vallejo Flood & Wastewater District (VFWD) and others to develop a proposal for delivering improvements at Lake Dalwigk for Caltrans’ Clean CA Grant. The City submitted its application to Caltrans for the Clean CA Grant on February 1, 2022; and
WHEREAS, on March 9, 2022, Caltrans awarded a Clean CA Grant in the amount of $4,767,980 to the City to design and deliver improvements at Lake Dalwigk. On September 13, 2022, the City Council adopted Resolution No. 22-145 N.C., accepting the award of the Clean CA Grant and authorizing the City Manager to execute a Restricted Grant Agreement (RGA) with Caltrans allowing for project costs to be 100% reimbursed by the grant funds, with no local match required.
The RGA was executed on March 6, 2023; and
WHEREAS, the City executed interagency agreements in January 2023 with GVRD and VFWD to formalize their roles and responsibilities related to the Lake Dalwigk Improvements Project; and WHEREAS, the City issued an RFP for Professional Services on March 7, 2023, seeking design professional services to deliver the Lake Dalwigk Improvements Project and one proposal from Interwest Consulting Group, Inc. (Interwest) was received by the response deadline of April 4, 2023; and
WHEREAS, Public Works staff have determined that Interwest’s proposal is responsible and responsive to the City’s RFP, its proposed price of $975,601.75 for all services required under the RFP is within the project’s budget, and Interwest is able to deliver the project by the grant deadline of June 30, 2024; and
WHEREAS, there is adequate grant funding to award the contract in PW9443 with currently $4,767,980 available of the Fund 221 Clean CA Grant (Grants / Reimbursements) available within the project.
NOW, THEREFORE BE IT RESOLVED that the RFP for Design Professional Services was duly advertised.
BE IT FURTHER RESOLVED that Interwest was determined to be the low responsive and responsible bidder and its bid is hereby accepted and a contract in the amount of $975,601.75 is awarded to said low bidder at the prices bid.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign the Design Professional Services Agreement between the City of Vallejo and Interwest, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 9, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
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DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 9th day of May, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Interwest Consulting Group, Inc., a wholly owned subsidiary of SAFEbuilt, LLC, a Colorado corporation legally registered to conduct business in California, hereinafter referred to as Design Professional, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Design Professional shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Design Professional for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments made to Design Professional for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Design Professional shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City, Vallejo Flood and Wastewater District (VFWD), and Greater Vallejo Recreation District, and their officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City, VFWD, or GVRD. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a
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project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.
The provisions of this Section are not limited by the insurance provisions of this Agreement.
The provisions of this Section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. Design Professional agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Design Professional.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Design Professional shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Design Professional warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Design Professional’s family, business, real property or financial interests and the services to be provided under this Agreement. Design Professional shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Design Professional’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Design Professional shall disclose such conflict in writing to City. Every individual who performs services on behalf of Design Professional pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Design Professional is an independent Design Professional Services Agreement Page 3 of 25
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contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Design Professional only insofar as the results of Design Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Design Professional accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.
10. Business License. Design Professional and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.
The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.
11. Standard of Performance. Design Professional shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional’s profession currently practicing in California.
Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.
Design Professional’s responsibilities under this section shall not be delegated.
Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.
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Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by a members of Design Professional‘s profession currently practicing in California.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Design Professional is unable to meet the completion date or schedule of services, Design Professional shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payments made to Design Professional pursuant to this Agreement shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or Design Professional Services Agreement Page 5 of 25
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retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.
Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative.
15. Design Professional Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Design Professional shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent.
Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on the date of complete execution of this Agreement and shall continue in full force and effect until December 31, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of 90 days, by written notice to Design Professional.
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, Design Professional agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice. Before the date of termination, Design Professional shall deliver to City all City records and documents, all work products, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment Design Professional Services Agreement Page 6 of 25
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of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Design Professional resulting from services rendered pursuant to this Agreement, shall become the property of City. Design Professional agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Design Professional makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Design Professional in the performance of Design Professional’s services hereunder.
20. Assignment and Subcontracting. Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.
If subcontracting of work is permitted, Design Professional shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Design Professional’s Design Professional Services Agreement Page 7 of 25
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subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Design Professional shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin or ancestry.
Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Design Professional for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Design Professional of Design Professional’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Design Professional shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Design Professional agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
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If to City: Melissa Tigbao
Public Works Director
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Nicole Jules
Principal-in-Charge
Interwest
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer Design Professional Services Agreement Page 9 of 25
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to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Design Professional will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Design Professional may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Design Professional agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Design Professional’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Design Professional shall treat all records and work product prepared or maintained by Design Professional in the performance of this Agreement as confidential.
A violation by Design Professional of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Design Professional’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Design Professional agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative’s designee, shall administer this Agreement for the City.
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35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Design Professional hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Design Professional.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Interwest Consulting Group, Inc.,
a wholly owned subsidiary of SAFEbuilt,
LLC, a Colorado corporation
By:
Nicole Jules
Principal-in-Charge
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Michael Malone
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Design Professional Services Agreement (Revised 01.2019) Page 12 of 25 Exhibit A / Interwest – PW9443: Lake Dalwigk Project
Exhibit A
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Mark Helmbrecht
Transportation Program Superintendent
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
707-645-2601
[email protected]
The Design Professional’s Representative for this Agreement is:
Nicole Jules
Principal-in-Charge
Interwest
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
906-618-7384
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Design Professional Representative and City’s Representative.
2. Services to be Provided.
The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. Design Professional will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Design Professional shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Design Professional will complete all project construction by June 30, 2024, and all close-out all other services by December 1, 2024.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below without written approval of the City Representative. Design Professional Design Professional Services Agreement (Revised 01.2019) Page 13 of 25 Exhibit A / Interwest – PW9443: Lake Dalwigk Project
recognizes that the composition of this team was instrumental in the City’s decision to award the work to Design Professional and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: William Evans
Design Professional Services Agreement (Revised 01.2019) Page 14 of 25 Attachment 1 of Exhibit A / Interwest – PW9443: Lake Dalwigk Project Attachment 1 of Exhibit A
INTERWEST SCOPE AND SCHEDULE PROPOSAL
Design Professional Services Agreement (Revised 01.2019) Page 15 of 25 Attachment 1 of Exhibit A / Interwest – PW9443: Lake Dalwigk Project
Design Professional Services Agreement (Revised 01.2019) Page 16 of 25 Attachment 1 of Exhibit A / Interwest – PW9443: Lake Dalwigk Project
Design Professional Services Agreement (Revised 01.2019) Page 17 of 25 Attachment 1 of Exhibit A / Interwest – PW9443: Lake Dalwigk Project
Design Professional Services Agreement (Revised 01.2019) Page 18 of 25 Attachment 1 of Exhibit A / Interwest – PW9443: Lake Dalwigk Project
Design Professional Services Agreement (Revised 01.2019) Page 19 of 25 Exhibit B / Interwest – PW9443: Lake Dalwigk Project
EXHIBIT B
COMPENSATION
1. Design Professional’s Compensation.
A. Services: City agrees to pay Design Professional, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Nine Hundred Seventy-Five Thousand Six Hundred and One Dollars and Seventy-Five Cents [$975,601.75].
Design Professional shall notify City in writing no later than thirty (30) days prior to the estimated date when Design Professional will have billed City the maximum payment amount permitted under this Agreement, and Design Professional shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Design Professional as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his designee. City reserves the right to perform any Additional Services with its own staff or to retain other Design Professionals to perform said Additional Services.
2. Design Professional’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises.
Where a fixed fee for Additional Services is established by mutual Agreement between City and Design Professional, compensation to Design Professional shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. Design Professional’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
Design Professional Services Agreement (Revised 01.2019) Page 20 of 25 Exhibit B / Interwest – PW9443: Lake Dalwigk Project
4. Payments to Design Professional.
A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Design Professional shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.
A. Request for payment shall be emailed to:
[email protected]
Invoice File Name shall be:
Company Name Inv # Inv Amount Inv Date
If a paper copy is necessary, please mail it to:
City of Vallejo
Public Works Department
Engineering Division
555 Santa Clara Street 4 t h
Floor Vallejo CA 94590
5. Accounting Records of Design Professional. Design Professional shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Design Professional’s direct salary costs for all Services and Additional Services Design Professional Services Agreement (Revised 01.2019) Page 21 of 25 Exhibit B / Interwest – PW9443: Lake Dalwigk Project
performed under this Agreement and records of Design Professional’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Design Professional shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
Design Professional shall email a monthly statement of invoices paid and unpaid to:
[email protected]
Statement File name shall be:
Company Name Statement Month Year
The obligations of Design Professional under this section shall survive this Agreement.
6. Taxes. Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Design Professional shall provide City with Design Professional’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Design Professional Services Agreement (Revised 01.2019) Page 22 of 25 Attachment 1 of Exhibit B / Interwest – PW9443: Lake Dalwigk Project Attachment 1 of Exhibit B
INTERWEST COST ESTIMATE PROPOSAL
Design Professional Services Agreement Page 23 of 25
Exhibit C / Interwest – PW9443: Lake Dalwigk Project
EXHIBIT C
INSURANCE REQUIREMENTS
Design Professional shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Design Professional, its agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Design Professional under this Agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
D. Professional Liability insurance appropriate to the Design Professional’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Design Professional shall maintain limits no less than:
A. General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.
Design Professional Services Agreement Page 24 of 25
Exhibit C / Interwest – PW9443: Lake Dalwigk Project
C. Workers’ Compensation and Employer’s Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.
D. Professional Liability, (Errors and Omission): $1,000,000.00 coverage continuing for 3 years after completion of services rendered.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Design Professional shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, Greater Vallejo Recreation District (GVRD), the Vallejo Flood and Wastewater District (VFWD), and their respective officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Design Professional; products and completed operations of the Design Professional; premises owned, occupied or used by the Design Professional; or automobiles owned, leased hired or borrowed by the Design Professional. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Design Professional’s insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Design Professional’s insurance and shall not contribute to it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Design Professional’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of Design Professional Services Agreement Page 25 of 25
Exhibit C / Interwest – PW9443: Lake Dalwigk Project
the insurer’s liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the City of Vallejo, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Design Professional’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
6. Verification of Coverage. Design Professional shall furnish the City with original certificates of insurance for all insurances required by this Agreement and endorsements effecting general and automobile liability insurance coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City Attorney before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, by this Agreement at any time. All verification of coverage and other insurance documents shall be mailed to the following address or to any other subsequent address as may be directed in writing by the City Attorney:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Design Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Design Professional if the certificates of insurance and endorsements required in paragraphs above are canceled or Design Professional otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.G.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF VALLEJO’S SUPPORT FOR ADVANCE PEACE’S COMMUNITY BASED VIOLENCE INTERVENTION
AND PREVENTION INITIATIVE GRANT PROPOSAL
RECOMMENDATION
Authorize the Mayor to sign a letter on behalf of the City of Vallejo, expressing the City’s support for Advance Pease’s Community Based Violence Intervention and Prevention Initiative (CVIPI) grant proposal.
REASONS FOR RECOMMENDATION
The Vallejo City Council has continues to support the Advance Peace’s program. In April 2021 Council directed staff to pursue funding for the Advance Peace Program and in September 2021 Council allocated $700,000 of it’s American Rescue Plan Act (ARPA) funding.
BACKGROUND AND DISCUSSION
Advance Peace is a program that the City began pursuing before the pandemic. At the March 23, 2021 City Council meeting, the Council considered a request to agendize the Advance Peace Project and revitalize efforts to implement the project in Vallejo. The Council unanimously supported placing this item on the agenda. At the April 27th Council meeting the Chief Executive Officer of Advance Peace, DeVonn Boggan, gave a presentation on the Advance Peace Model. At that meeting Council expressed support for Advance Peace and collectively directed staff to pursue funding via the American Rescue Plan Act (ARPA) and/or federal stimulus funding that was becoming available to cities, as well as exploring partnerships with anchor institutions in the community. At the September 14, 2021 Council meeting City Council allocated $700,000 of its ARPA funds towards Advance Peace with the intention to reduce gun violence through development of healing-centered resources to those at the center of lethal firearm offenses.
Program Overview
Advance Peace is a non-profit organization that identifies the individuals at the center of gun violence in a community, provides them with seven days-a-week mentoring and supportive relationships using street outreach workers. The program delivers services and support to these individuals during an eighteen- month program called the Peacemaker Fellowship. This program has been utilized in the City of Richmond and elsewhere to help significantly reduce gun violence.
Advance Peace, through its Peacemaker Fellowship strategy, works to interrupt gun violence in urban neighborhoods by providing transformational opportunities to young adults identified as most likely to be perpetrators and/or victims of gun violence. A priority of the strategy is to ensure greater support and connectivity to human, social, and economic opportunities to young adults who are traditionally isolated from those services.
By working with and supporting a targeted group of individuals at the core of gun hostilities, Advance Peace bridges the gap between anti-violence programming and hard-to-reach populations at the center of
Date: May 9, 2023
Subject: AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF VALLEJO’S SUPPORT FOR ADVANCE PEACE’S COMMUNITY BASED VIOLENCE
INTERVENTION AND PREVENTION INITIATIVE GRANT PROPOSAL
violence in urban areas. Specifically, their Peacemaker Fellowship program provides opportunities to young adults by placing them in high-touch, personalized 18-month fellowships grounded in evidence- based practices that include:
• Street Outreach
• Mentoring
• Intensive Case Management
• Life Skills Training
• Cognitive Behavioral Therapy
• Subsidized Employments
The Peacemaker Fellowships consist of seven intensive touchpoints:
1. LifeMAP
2. Multiple Daily Check-ins
3. Social Services Navigation
4. Transformative Travel
5. Elders Circle/Intergenerational Mentoring
6. Internship Opportunities
7. LifeMAP Milestone Allowance
Several cities in California have invested in the Peacemaker Fellowship program as a key element of their strategy to address increasing rates of gun violence in their communities. The cities of Richmond, Sacramento, Stockton, and Fresno have all partnered with Advance Peace to develop and implement this model.
In partnership, The City of Vallejo and Advance Peace plan to work to secure from State, Federal, and philanthropic organizations additional funding over the three-year contract term. The City and Advance Peace agreed to the implementation of this program to address gun violence, while actively pursuing funding for the program.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
No impact.
ATTACHMENTS
1. Advance Peace Letter of Support - Community Based Violence Intervention and Prevention Initiative
CONTACT
Terrance Davis, Assistant City Manager; (707) 648-4301
[email protected]
Office of the Mayor ∙ Robert H. McConnell ∙ 555 Santa Clara St., Second Floor ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4377 May 9, 2023
Karhlton F. Moore, Director
Bureau of Justice Assistant
US Department of Justice
810 7th St. NW
Washington, D.C. 20531
Re: Advance Peace, Community Based Violence Intervention and Prevention Initiative Dear Director Moore,
On behalf of the Vallejo City Council, I am submitting this letter of support on behalf of the City of Vallejo regarding our role as a partner in the application by Advance Peace Vallejo and Stockton for a grant from the Bureau of Justice Assistance FY 23 Office of Justice Programs Community Based Violence Intervention and Prevention Initiative. These much needed funds will enable Advance Peace to continue to implement Advance Peace’s evidence-based model, supporting Fellows to achieve health and stability.
The City of Vallejo City Council is committed to making Vallejo a safe, prosperous, and vibrant community. The City Council has offered support of Advance Peace at an April 2021 Council Meeting by directing staff to pursue funding through grants and anchor institutions in order to begin implementation of Advance Peace and at a September 2021 Council meeting by allocating $700,000 of it’s American Rescue Plan Act (ARPA) funding to fund the first year of the program.
This letter confirms the City’s commitment to continue working with Advance Peace to implement evidence-based, community based interventions to violence. If you have questions, please contact City Staff Natalie Peterson at [email protected] or (707) 649- 3415.
Sincerely,
Robert H. McConnell
Mayor, City of Vallejo
ACTION ITEM 9.A.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $15,669,387.04 FOR INSTALLATION AND IMPLEMENTATION OF ADVANCED
METERING INFRASTRUCTURE (AMI)
RECOMMENDATION
Adopt a resolution authorizing the City manager to execute a professional services and construction services agreement with Badger Meter, Inc. for an Advanced Metering Infrastructure (AMI) project for a not to exceed amount of $15,669,387.04 and authorize the City Manager to approve change orders within the original contract amount.
REASONS FOR RECOMMENDATION
AMI is the standard for water metering across the drinking-water industry. In Vallejo, the AMI project is expected to result in annual water savings of 1,184 acre-feet, which will strengthen Vallejo's long-term water supply. Once implemented, AMI increases the precision of meter reading by providing 15-minute interval data from meters to both customers and the City through a secure cellular process. In addition to water savings, the technology will allow the Water Department to detect service breaks and leaks more quickly, support the City in implementing monthly billing (presently bi-monthly for residential customers) and in strengthening overall billing efficiency, and provide a user-friendly customer interface to empower customers to better manage their individual water usage and to more easily communicate with the City on water-related matters.
BACKGROUND AND DISCUSSION
The City's Capital Improvement Plan approved by Council includes for Water a bond-funded project to implement Advanced Metering Infrastructure (AMI). To support this large and complex project, the Water Department executed a Council-approved agreement in January 2021 for a consultant to assist with soliciting AMI vendor proposals. Professional expertise is necessary due to the highly-technical nature of AMI and its multi-faceted complexity which the City is not staffed to manage. On September 23, 2021, the AMI Request for Proposals (RFP) was issued, which included the development of detailed technical and quality-assurance requirements to meet the needs of the Vallejo Water utility and community. This RFP required that vendors submit comprehensive responses to address the following areas:
• Professional qualifications and references
• A management and implementation plan
• A questionnaire regarding solution reliability, support, methodology, capabilities, warranties, integrations, and SaaS/hosting
• Requirements
• Pricing
On November 12, 2021, the Water Department received eight proposals for AMI, associated installation services, and a customer portal. A team consisting of members from various functions across the Water,
Date: May 9, 2023
Subject: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $15,669,387.04 FOR INSTALLATION AND IMPLEMENTATION OF ADVANCED
METERING INFRASTRUCTURE (AMI)
Information Technology, and Finance departments evaluated the proposals. The team met for multiple months reviewing each proposal, subsequently participating in demos and interviewing vendors throughout February 2023. Proposals were evaluated on the following criteria:
• Pricing (20 Points)
• Requirements (15 Points)
• Methodology and Approach (15 Points)
• Solution Design and Architecture (20 Points)
• Vendor Viability (10 Points)
• Experience, References, and Qualifications (10 Points)
Based on these components and the criteria outlined, the Water Department selected Badger Meter, Inc. to provide the AMI hardware and all software, and Concord Utility Services, Inc. to provide installation services.
These firms provide the best-in-class performance relative to the requirements outlined in the RFP. Both firms have recent experience in the implementation of AMI projects with utilities of substantially similar demographics to those of Vallejo. Concord Utility Services, Inc., in particular, is based in California and holds extensive experience in maintaining compliance with regulations, such as from the Department of Industrial Relations.
In negotiating the agreement, it was decided that it was most advantageous to the City to develop a single contract in which Badger Meter, Inc. subcontracts Concord Utility Services, Inc.. Badger Meter, Inc. will also be providing new water meters as part of this implementation. This arrangement is highly beneficial for several reasons:
• Having a single contract mitigates some staff resource burden in coordinating with multiple vendors for implementation.
• Because the installer is accountable to the equipment provider, the onus of responsibility for the performance of said equipment cannot be passed between the two entities. • By providing both meters and AMI endpoints, inventory controls, and delivery schedules, the overall management is simplified.
The scope of work for this project is defined within the contract, and payments related to this work are gated by specific delivery and performance criteria that must be met prior to invoicing. This project is anticipated to last approximately 20 months, from kickoff to completion of mass meter exchange.
The proposed AMI contract, exhibits, and related information are not included in the City Council meeting agenda packet due to the large file size, but the contract documents (and all documents related to AMI) can be found at: www.MyVallejo.com/ami.
Staff recommends authorizing the City Manager to execute agreements with Badger Meter, Inc.
To help offset the costs of AMI implementation, the City was awarded $2 million in grant monies from the US Bureau of Reclamation (USBR) to support a portion of the meter replacement element of this AMI project. The project is otherwise funded by the City of Vallejo Series 2021 Tax Exempt Water Revenue Bonds.
Date: May 9, 2023
Subject: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $15,669,387.04 FOR INSTALLATION AND IMPLEMENTATION OF ADVANCED
METERING INFRASTRUCTURE (AMI)
FISCAL IMPACT
The cost of AMI implementation is funded by the City of Vallejo Series 2021 Tax Exempt Water Revenue Bonds as well as a $2 million grant from the United States Bureau of Reclamation (USBR). There is no impact on the General Fund.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, pursuant to CEQA Guideline section 15061(b)(3) (the "common sense" exemption).
ATTACHMENTS
1. AMI Resolution_5.09.23 CAO Stamp
CONTACT
Beth Schoenberger, Water Director
[email protected] (707) 648-5439
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AND CONSTRUCTION SERVICES AGREEMENT WITH BADGER METER, INC. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $15,669,387.04 AND AUTHORIZE CITY MANAGER TO APPROVE CHANGE
ORDERS WITHIN THE ORIGINAL CONTRACT AMOUNT
WHEREAS, the City of Vallejo executed an agreement in January 2021 for a consultant to assist with soliciting Advanced Metering Infrastructure (AMI) vendor proposals; and WHEREAS, the Request for Proposal (RFP) was issued on September 23, 2021 seeking professional and construction services to install AMI throughout the City of Vallejo; and WHEREAS, on November 21, 2021, the Water Department received eight proposals for AMI, associated with installation services and a customer portal; and WHEREAS, based on scoring of RFP submittals, Badger Meter, Inc. was selected to provide the AMI hardware and all software and Concord Utility Services to provide installation services; WHEREAS, it is most advantageous to the City of Vallejo to develop a single contract with Badger Meter, inc. with Concord Utility Services, Inc. as a subcontractor of Badger Meter, Inc.; WHEREAS, the project is anticipated to last for approximately twenty months and scope of work and payments related to specific delivery and performance criteria are contained within one single contract.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the contract and authorizes the City Manager of the City of Vallejo to execute a professional services and construction services agreement with Badger Meter, Inc. for a total not-to-excee amount of $15,669,387.04 and authorizes the City Manager to approve change orders within the original contract amount.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.B.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE MEASURE P OVERSIGHT COMMITTEE
SUPPLEMENTAL APPLICATION
RECOMMENDATION
Adopt a resolution to approve supplemental questions to be used for the Measure P Oversight Committee application process.
REASONS FOR RECOMMENDATION
Adoption of a supplemental questionnaire for the Measure P Oversight Committee will allow the City Council to gather additional information regarding Committee candidates to aid in the selection process.
BACKGROUND AND DISCUSSION
Background
On November 8, 2022, City of Vallejo voters approved the Safe Streets and Essential Services Measure (Measure P), with 54% support. Measure P is anticipated to raise approximately $18 million annually. Priorities for Measure P funding as established by Council are to keep public spaces safe and clean, maintain fire protection, address homelessness, prevent blight and dumping, repair deteriorating streets, roads, and sidewalks, and attract and retain local jobs and businesses. To date, no Measure P revenue expenditures have been allocated in the City's budget or expended.
Measure P Oversight Committee
As a component of the Measure, Ordinance No. 1866 established a requirement for citizen oversight through the creation of the Measure P Citizen's Oversight Committee. In accordance with the voter adopted ordinance, the Committee will consist of seven members, all of whom are required to be residents of the City of Vallejo. Each member of the Committee shall serve a term of two years at the pleasure of the City Council. The Committee will be responsible for reviewing and reporting on the City's proposed and actual expenditures and submitting a report to the City Council for review at a public meeting.
Committee Application Process and Terms
As set forth by Chapter 3.09 of the Vallejo Municipal Code, the following process will be used to select Measure P Oversight Committee members:
• The City Clerk will post and publish a notice soliciting applications for persons interested in being members of the Committee on the City of Vallejo's website, and repost and republish the notice soliciting applications as necessary to fill vacancies on the Committee.
• The application will include a supplemental questionnaire and the City of Vallejo's standard Commission Application.
Date: May 9, 2023
Subject: ADOPT A RESOLUTION APPROVING THE MEASURE P OVERSIGHT COMMITTEE
SUPPLEMENTAL APPLICATION
• All applicants must go through an interview process with the City Council as standard for all other City Boards, Commissions and Committees.
• The City Council will review all applications for eligibility and at a public meeting appoint seven eligible applicants to serve as members of the Committee. Councilmembers and the Mayor will each appoint one member.
• Committee members appointed by Councilmembers must be residents of the corresponding Council District of the appointing Councilmember. Committeee members appointed by the Mayor may reside anywhere in the City.
• Each member of the Committee shall serve for a term of two years and such service shall be at the pleasure of the City Council. Four members of the Committee shall constitute a quorum. Members of the Committee shall not receive a stipend for their service. Any additional responsibilities and duties of the Committee shall be established by resolution of the City Council.
FISCAL IMPACT
This item is administrative in nature only, and therefore has no fiscal impact on the General Fund. Future Measure P expenditures will be allocated by the City Council through the budget process.
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 Guidelines section 15378.
ATTACHMENTS
1. Ordinance 1866_Adopted November 2022
2. Measure P Supplemental Questionaire Reso Revised CAO Stamp
3. Exhibit A - Measure P Supplemental Questionaire
CONTACT
Terrance Davis, Assistant City Manager, 707-648-4301
[email protected]
ORDINANCE NO. 1866 N.C. (2d)
A PROPOSED ORDINANCE AMENDING CHAPTER 3.09 OF THE VALLEJO
MUNICIPAL CODE RELATED TO THE VALLEJO LOCAL ROAD AND ESSENTIAL
SERVICES MEASURE TO MAINTAIN CITY SERVICES, INCLUDING REPAIRING, REPAVING, AND MAINTAINING DETEROIRATING LOCAL ROADS; IMPROVING CITY BUILDINGS; ADDRESSING HOMELESSNESS; FIRE PROTECTION, YOUTH SERVICES; AND GENERAL GOVERNMENT USE; REQUIRING INDEPENDENT
AUDITS, CITIZEN OVERSIGHT, AND ALL FUNDS SPENT IN VALLEJO
THE PEOPLE OF THE CITY OF VALLEJO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.09.020 of the Vallejo Municipal Code is hereby amended to read as follows:
3.09.020 - Definitions.
For the purposes of this chapter the following terms shall have the meanings given in this section:
A. “City” means the incorporated territory of the city.
B. “Operative date” means the first day of the first calendar quarter commencing more than one hundred ten days after the adoption of this chapter and the approval by the voters of the city of a measure approving the imposition of a transaction and use tax ; provided, that if the city shall not have contracted with the state board of equalization California Department of Tax and Fee Administration as required by Section 3.09.040 prior to such date, the city shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
SECTION 2. Section 3.09.030 of the Vallejo Municipal Code is hereby amended to read as follows:
3.09.030 - Purpose.
The city council hereby declares that this chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part
1.6 (commencing wi th Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the city to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
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B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the state of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part
1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practica ble to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecti ng the transactions and use taxes, and at the same time, minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this ordinance.
SECTION 3. Section 3.09.040 of the Vallejo Municipal Code is hereby amended to read as follows:
3.09.40 – Contract with State
Prior to the operative date, the city shall contract with the state board of equalization California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this chapter.
SECTION 4. Section 3.09.055 of the Vallejo Municipal Code is hereby added to read as follows:
3.09.055 - Imposition of additional transaction tax, transaction tax rate.
For the privilege of selling tangible personal property at retail, in addition to section 3.09.50 of this chapter, an additional tax is hereby imposed upon all retailers in the city at the rate of seven-eighths cent (.875%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date.
SECTION 5. Section 3.09.060 of the Vallejo Municipal Code is hereby amended to read as follows:
3.09.060 - Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for deliv ery to an out-of-state destination. The DocuSign Envelope ID: 23D7CD70-666D-433C-AA5A-A29DE3D79A56
gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state board of equalization California Department of Tax and Fee Administration .
SECTION 6. Section 3.09.075 of the Vallejo Municipal Code is hereby added to read as follows:
3.09.075 - Imposition of use tax, use tax rate.
In addition to section 3.09.70 of this chapter, an additional excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date and before the termination date for storage, use or other consumption in said territory at the rate of seven -eighths percent (.875%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
SECTION 7. Section 3.09.090 of the Vallejo Municipal Code is hereby amended to read as follows:
3.09.090 - Limitations on the adoption of state law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the state of California is named or referred to as the taxing agency, the name of the city shall be substituted therefor. However, the substitution shall not be made when:
1. The word "St ate" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, California Department of Tax and Fee Administration , or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the state board of equalization California Department of Tax and Fee Administration , in performing th e functions incident to the administration or operation of this chapter.
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3. In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subje ct to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "city" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
SECTION 8. Section 3.30.160 is hereby added to Chapter 3.09 and shall read as follows:
3.30.160 Independent annual audit.
The proceeds resulting from the transactions and use tax imposed by this chapter shall be deposited into the City’s general fund and shall be subject to the same independent annual audit requirements as other general fund revenue. The independent auditor’s report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented annually to the Citizens’ Oversight Committee, the City Council and made available for public review.
SECTION 9. Section 3.30.170 is hereby added to Chapter 3.09 and shall read as follows:
3.30.170 Citizens’ Oversight Committee.
A. A Citizens’ Oversight Committee is hereby established to independently review and advise upon the City’s expenditure of proceeds generated by the transactions and use tax. The Committee shall meet at least twice each calendar year and more frequently, if necessary, to discharge the responsibilities of the Committee. All meetings of the Committee shall be held in DocuSign Envelope ID: 23D7CD70-666D-433C-AA5A-A29DE3D79A56
accordance with provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).
1. The Committee shall consist of seven members, all of whom shall be residents of the City of Vallejo. The City shall initially post and publish notice soliciting applications for persons interested in being members of the Committee and shall thereafter repost and republish notice soliciting applications as necessary to fill vacancies on the Committee.
The City Council shall review all applications for eligibility and at a public meeting appoint seven eligible applicants to serve as members of the Committee. Council Members and the Mayor shall each appoint one member. Members appointed by Council Members shall be residents of the corresponding Council District of the appointing Council Member. Members appointed by the Mayor may reside anywhere in the City. Each member of the Committee shall serve for a term of two years and such service shall be at the pleasure of the City Council. Four members of the Committee shall constitute a quorum. Members of the Committee shall not receive a stipend for their service. Any additional responsibilities and duties of the Committee shall be established by resolution of the City Council. Except as otherwise set forth in this section 3.09.170, the Committee shall be subject to Chapter 2.26 of this Code.
2. The Citizens’ Oversight Committee shall annually review and report on (a) the City’s proposed and actual expenditure of proceeds generated by the transactions and use tax and (b) the independent annual audit required under this chapter. The Committee’s report shall be submitted to the City Council for review and discussion at a public meeting of the City Council and shall be available to the public.
3. The City shall provide such staff resources as are reasonably necessary to assist the Committee with the discharge of its duties under this chapter. The Committee shall not have authority to hire or retain its own staff, consultants, or contractors.
SECTION 10. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 11. CONSTRUCTION. To the extent the provisions of the Vallejo Municipal code as amended by this Ordinance are substantially the same as the provisions of that Code as it read earlier, those provisions shall be read as continuations of earlier enactments and not as new enactments.
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SECTION 12. EFFECTIVE DATE. This Ordinance shall be submitted to the voters at an election to be held on November 8, 2022. Upon approval by a majority of the voters of the City voting on this Ordinance, this Ordinance shall take effect 10 days after the City Council certifies the result of the election, as provided by Elections Code section 9217, and the Transactions and Use Tax shall be increased as provided for in this Ordinance.
First read at a regular meeting of the Council of the City of Vallejo held on the 12th day of July, 2022 and finally adopted at a regular meeting of the Council of the City of Vallejo on the 26th day of July, 2022 by the following vote:
AYES: Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz and Miessner
NOES: Mayor McConnell
ABSENT: None
ABSTAIN: None
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
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Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING
THE MEASURE P OVERSIGHT COMMITTEE SUPPLEMENTAL APPLICATION WHEREAS, on November 8, 2022, Vallejo voters approved Ordinance No. 1866, also known as Measure P, enacting a 0.875 percent transactions and use tax, with no sunset date; and WHEREAS, Vallejo merchants will begin collecting the tax on behalf of the City of Vallejo on January 1, 2023; and
WHEREAS, Ordinance 1866 states that, “a Citizens’ Oversight Committee is hereby established to independently review and advise upon the City’s expenditure of proceeds generated by the transactions and use tax;” and
WHEREAS, Ordinance 1866 further states that, “The Committee shall consist of seven members, all of whom shall be residents of the City of Vallejo” and that, “members appointed by Council Members shall be residents of the corresponding Council District of the appointing Council Member” and that, “Council Members and the Mayor shall each appoint one member;” and
WHEREAS, the City Council has determined that it is in the best interest of the community that supplemental questions be included in the committee application to assist in the appointment of qualified candidates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Measure P Oversight Committee's supplemental application questionnaire shall be as set forth in Exhibit A attached hereto and incorporated by this reference.
SECTION 2. This resolution shall become effective immediately upon its passage and adoption.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 9, 2023 with the following vote:
AYES:
NOES:
ABSENT: None
ABSTAIN: None
Exhibit A: Measure P Oversight Committee Supplemental Questionnaire page 1
Exhibit A
Measure P Citizens’ Oversight Committee
Supplemental Questionnaire
Applicant’s Full Name: ____________________________________________ In November 2022, Vallejo’s voters approved Measure P, a retail transactions and use tax of 0.875 percent, which effectively increased the sales tax rate in Vallejo from 8.75 to 9.25 percent.
The City Council-appointed Measure P Citizens’ Oversight Committee is charged with reviewing the annual audit prepared by the City’s independent auditor related to the prior year’s collection and expenditure of Measure P revenue and transmitting a report to the City Council regarding the auditor’s findings.
To assist in the selection process, please answer the following questions and submit written responses with your application form. Please write clearly or type. You may use additional sheets of paper.
1. Please describe how your education, training, skills, experience, and community involvement has prepared you to serve on the Measure P Citizens’ Oversight Committee.
2. Why do you want to serve on this committee?
3. As a member of the Citizens’ Oversight Committee, you may need to provide a briefing to the City Council or community members regarding the auditor’s report on Measure P’s revenues and expenditures. Have you ever been in a situation where you have had to make public presentations on important issues while under public scrutiny? If so, please describe that experience.
Interested applicants must complete both the Application Form and the Supplemental Questionnaire.
The qualifications, purpose, duties, and powers of this board may be found in the Vallejo Municipal Code Chapter 3.09. Members must be residents of the City of Vallejo and will represent a cross-section of community interests and organizations. You may include a resume and/or additional documentation with your application.
Exhibit A: Measure P Oversight Committee Supplemental Questionnaire page 2
4. Please list the community activities or organizations you have participated in and indicate your level of involvement (member, attended event, ran a booth, worked on the organizing committee, was an officer, etc.). Indicate the amount of time each month you spend on each of these activities.
5. Please list any additional information pertaining to your appointment to the Measure P Citizens’ Oversight Committee that the City Council should consider.
AB 1234 Ethics Training Requirement: Commissioners are required to take ethics training 30 days from date of appointment and every two years thereafter until resignation or term expiration. Status of training for all commissioners will be provided to the Mayor and City Council.
ACTION ITEM 9.C.
DATE: May 9, 2023
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
Randy Risner, Chief Assistant City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE POLICE OVERSIGHT AND
ACCOUNTABILITY COMMISSION SUPPLEMENTAL QUESTIONNAIRE
RECOMMENDATION
Adopt a resolution approving the Police Oversight and Accountability Commission Supplemental Application.
REASONS FOR RECOMMENDATION
The City Council adopted Title 18 of the Municipal Code, Police Accountabilty and Oversight, in December 2022. The ordinance creates a Police Accountability and Oversight Commission made up of seven members appointed by the mayor and city council. The ordinance sets forth qualifications for the members of the Commission. In order to ensure that potential appointees meet the minimum qualifications required by the ordinance, a supplemental questionnaire is necessary.
BACKGROUND AND DISCUSSION
In December 2022, the City Council adopted the Police Oversight and Accountability ordinance which, among other things, creates a Police Oversight and Accountabilty Commission (the "Commission"). The Commission consists of seven members and two alternates. Following the close of the application filing period, all applicants must go through an interview process with the City Council. After interviews are conducted, members are appointed at a regular Council meeting. Each City Council Member nominates a candidate from their Council District and the mayor nominates an at-large candidate. The Council and the Mayor together nominate two alternates one of which is a youth member and the other being at-large. The ordinance sets forth minimum qualifications for Commission members. In order to ensure that each potential appointee meets the minimum qualifications, a supplemental questionnaire is required. In addition, staff added additional questions which may help the City Council in selecting qualified candidates. If Council desires, it may add additional questions.
FISCAL IMPACT
Approving the Supplemental Questionnaire does not create a financial impact.
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
1. Police Accoutability Supplemental Questionnaire Reso CAO Stamp
2. Police Accountability Application
3. Police Accoutability Supplemental Questionnaire Reso CAO Stamp
Date: May 9, 2023
Subject: ADOPT A RESOLUTION APPROVING THE POLICE OVERSIGHT AND
ACCOUNTABILITY COMMISSION SUPPLEMENTAL QUESTIONNAIRE
CONTACT
Randy Risner, Chief Assistant City Attorney (707) 648-4545 [email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A SUPPLEMENTAL QUESTIONNAIRE FOR THE POLICE OVERSIGHT AND
ACCOUNTABILITY COMMISSION
WHEREAS, in December 2022, the City Council of the City of Vallejo adopted Title 18 of the Vallejo Municipal Code creating a Police Oversight and Accountability Commission (the “Commission”); and
WHEREAS, the Commission consists of seven voting members and two alternates; and WHEREAS, six members are nominated by each of six Council Members, one from each of the six Council Districts; and
WHEREAS, one at-large members is nominated by the Mayor; and WHEREAS, both the Mayor and the Council nominate two alternates consisting of one youth between the ages of 18 and 25 and one at-large member; and WHEREAS, the ordinance sets forth minimum qualifications for all of the Commission members; and
WHEREAS in order to ensure that each potential appointee meets the minimum qualifications set forth in the ordinance a supplemental questionnaire is needed; and WHEREAS Staff has drafted a Supplemental Questionnaire designed to ensure that all applicants meet the minimum qualifications.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve of the Police Oversight and Accountability Commission Supplemental Questionnaire a copy of which is attached hereto as Exhibit A and incorporated by this reference.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A SUPPLEMENTAL QUESTIONNAIRE FOR THE POLICE OVERSIGHT AND
ACCOUNTABILITY COMMISSION
WHEREAS, in December 2022, the City Council of the City of Vallejo adopted Title 18 of the Vallejo Municipal Code creating a Police Oversight and Accountability Commission (the “Commission”); and
WHEREAS, the Commission consists of seven voting members and two alternates; and WHEREAS, six members are nominated by each of six Council Members, one from each of the six Council Districts; and
WHEREAS, one at-large members is nominated by the Mayor; and WHEREAS, both the Mayor and the Council nominate two alternates consisting of one youth between the ages of 18 and 25 and one at-large member; and WHEREAS, the ordinance sets forth minimum qualifications for all of the Commission members; and
WHEREAS in order to ensure that each potential appointee meets the minimum qualifications set forth in the ordinance a supplemental questionnaire is needed; and WHEREAS Staff has drafted a Supplemental Questionnaire designed to ensure that all applicants meet the minimum qualifications.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve of the Police Oversight and Accountability Commission Supplemental Questionnaire a copy of which is attached hereto as Exhibit A and incorporated by this reference.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 9, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK