Hybrid Options are available for members of the public to participate. To participate remotely:
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Option to join by phone:
Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
OCTOBER 10, 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
Vallejo City Council Chambers ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.
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 HISPANIC HERITAGE MONTH SEPTEMBER 15-OCTOBER 15, 2023
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. Press *6 to unmute/mute. 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. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.
8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meetings of September 19 and 25 and the special and regular meetings of September 26, 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. PROVIDE NOTICE OF INTENT TO AMEND THE MARE ISLAND
CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO
APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $7,953,718 Recommendation: Provide notice of intent to amend the Mare Island Conversion Fund #106 Fiscal Year 2023- 2024 Budget to appropriate Navy grant funds in the amount of $7,953,718.
Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
D. AUTHORIZE THE VALLEJO CITY COUNCIL TO ISSUE A PROCLAMATION AND GRANT A KEY TO THE CITY TO EARL "E-40"
Recommendation: Authorize the Vallejo City Council to grant a Key to the City to Vallejo native Earl “E-40” Stevens and to honor Earl “E-40” Stevens with a proclamation.
Contact: Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]
E. ADOPT A RESOLUTION AWARDING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC. FOR YOUTH NEEDS
ASSESSMENT AND STRATEGIC PLANNING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME IN AN AMOUNT NOT TO
EXCEED $125,000
Recommendation: Adopt a resolution awarding Consultant and Professional Services Agreement with MIG, Inc. for Youth Needs Assessment and Strategic Planning and authorizing the City Manager to execute the same in an amount not to exceed $125,000
Contact: Michael Malone, City Manager (707) 648-4308
[email protected]
F. ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN
RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
Recommendation: Adopt a Resolution approving the City's Substantial Amendment to the HOME Investment Partnerships (HOME) Program American Rescue Plan (HOME-ARP) Allocation Plan for submission to the U. S.
Department of Housing and Urban Development (HUD).
Contact: Gillian Hayes, Assistant City Manager (707) 648-4163 [email protected]
G. AUTHORIZE THE COUNCIL TO APPROVE A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF VALLEJO AND THE
SISTER CITY OF AKASHI, JAPAN, AND AUTHORIZE THE MAYOR TO
SIGN THE MOU
Recommendation: Authorize the CIty Council to approve a MOU between the City of Vallejo and the Sister City of Akashi, Japan, and authorize the Mayor to sign the MOU
Contact: Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]
H. ADOPT A RESOLUTION APPOINTING REPRESENTATIVES TO THE
HOUSING FIRST SOLANO CONTINUUM OF CARE
Recommendation: Adopt a resolution appointing Natalie Peterson as the City representative to the Housing First Solano Continuum of Care Board (HFS CoC) and Gillian Haen, as the Vallejo alternate representative.
Contact: Michael Malone, City Manager (707) 648-4308
[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. Press *6 to unmute/mute. 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 or as approved and announced by the Mayor. In person speakers will be recognized first.
A. ADOPT RESOLUTION MAKING APPOINTMENTS TO THE NEWLY
CREATED MEASURE P OVERSIGHT COMMITTEE, DESIGN REVIEW
BOARD, MCCUNE COLLECTION COMMISSION, CIVIL SERVICE
COMMISSION, AND THE PARTICIPATORY BUDGETING STEERING
COMMITTEE
Recommendation:
1. Adopt a resolution making 7 appointments to the newly created Measure P Citizens' Oversight Committee; and
2. Adopt a resolution making 1 appointment to the Civil Service Commission, 1 appointment to the Design Review Board, 1 appointment to the McCune Collection Commission, and 4 member and 3 alternate member appointments to the Participatory Budgeting Steering Committee (PBSC)
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. ADOPT A RESOLUTION APPROVING THE "SOFTWARE AS A SERVICE" AGREEMENT WITH BADGER METER, INC. IN AN AMOUNT NOT TO
EXCEED $3,000,000 OVER TEN YEARS FOR BEACON ADVANCED
METERING ANALYTICS (AMA) MANAGED SOLUTIONS SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a resolution approving the “Software as a Service” Agreement with Badger Meter, Inc. for an amount not to exceed $3,000,000 over ten years for BEACONâ Advanced Metering Analytics (AMA) Managed Solutions Services and authorizing the City Manager to execute same.
Contact: Beth Schoenberger, Water Director
[email protected] (707) 648-5439
C. CONSIDER REQUEST BY COUNCILMEMBER BREGENZER TO AGENDIZE FOR DISCUSSION SALE OF THE HERBERT HOUSE (STEP 1)
Recommendation: Consider Councilmember Bregenzer's request and direct staff to prepare and present relevant materials at a subsequent meeting Contact: Councilmember Bregenzer
[email protected]
D. CONSIDER REQUEST BY COUNCILMEMBER LOERA-DIAZ TO AGENDIZE
FOR DISCUSSION RECRUITMENT FOR A PERMANENT POLICE CHIEF (STEP 1)
Recommendation: Consider Councilmember Loera-Diaz's request and direct staff to prepare and present relevant materials at a subsequent meeting Contact: Councilmember Loera-Diaz
[email protected]
10. INFORMATION CALENDAR
A. RECEIVE UPDATE ON PUBLIC SAFETY STAFFING EMERGENCY
Recommendation: Receive an update on the public safety staffing emergency proclamation.
Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
11. CITY MANAGER’S REPORT
12. CITY ATTORNEY’S REPORT
13. COMMUNITY FORUM
Anyone wishing 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, is requested to submit a completed speaker card to the City Clerk. When called upon, each speaker should step to the podium, state his /her name, and address for the record. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.20.300.
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: Wednesday, October 4, 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 9:00 a.m., Wednesday, October 4, 2023.
Dated: Wednesday, October 4, 2023
Dawn G. Abrahamson, City Clerk
Special City Council Meeting Minutes
September 19, 2023
Page | 1
VALLEJO CITY COUNCIL
SPECIAL MEETING MINUTES
SEPTEMBER 19, 2023
COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.
2. ROLL CALL
Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived at 5:07 p.m.), Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Managers Davis and Haen, Human Resources Director, Sifuentes, Police Chief Ta, Deputy Police Chief Gomez, and Aaron Slater, Beauchaine Consulting Group, LLC.
The City Council convened into Closed Session at 5:07 p.m.
3. CLOSED SESSION
A. Conference with Labor Negotiators Pursuant to California Government Code Section 54957.6
Negotiators: Mike Malone, City Manager; Terrance Davis, Assistant City Manager; Stephanie Sifuentes, Human Resources Director; and Aaron Slater (Beauchaine Consulting Group, LLC.)
Employee Organization: Vallejo Police Officers Association (VPOA)
4. ADJOURNMENT
The meeting adjourned at 5:52 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
Special City Council Meeting Minutes
September 19, 2023
Page | 1
VALLEJO CITY
VALLEJO CITY COUNCIL
SPECIAL MEETING MINUTES
SEPTEMBER 19, 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 and City Clerk Abrahamson
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to its negotiators related to Closed Session Item 3A.
5. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.
6. 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.
A. AUTHORIZE THE VALLEJO CITY COUNCIL TO GRANT A KEY TO THE
CITY TO THE VISITING DELEGATION FROM VALLEJO'S SISTER CITY OF
BAGUIO CITY, PHILIPPINES
Recommendation: Authorize the Vallejo City Council to grant a Key to the City to the visiting delegation from Vallejo’s Sister City of Baguio City, Philippines.
Contact: Erik Rzomp, Executive Assistant to the Mayor, (707) 648-4377 [email protected]
Action: authorized the Vallejo City Council to grant a Key to the City to the visiting delegation from Vallejo’s Sister City of Baguio City, Philippines.
7. ACTION CALENDAR
A. CITY COUNCIL FISCAL YEAR 2023-2024 AND MULTIYEAR GOALS AND
PRIORITIES
Recommendation: Receive a presentation from Staff on the Vallejo City Special City Council Meeting Minutes
September 19, 2023
Page | 2
Council’s Fiscal Year 2023-2024 and Multiyear Community Goals and Priorities and recommended future Goal Setting practices and provide direction to staff Contact:
Michael Malone, City Manager (707) 648-4308
[email protected]
Assistant to the City Manager Peterson and Program Manager Bennett provided an overview of goal setting, discussed FY 22-23 Multi-Year goals rework for FY 23-24, introduced the Strategic Priority Work Plan and Document Overview 23/24 Goals At-A-Glance, outlined the purpose of tonight’s discussion and input needed from Council regarding future goal setting sessions and recommendations for the Priority Areas, their goals and outcomes and the strategy to achieve on a multi-year basis.
Staff responded to questions from Councilmembers. Councilmembers provided comments and direction to staff on the 5 priority areas and their goals/outcome and strategy to achieve on a multi-year basis.
There were no public speakers.
8. ADJOURNMENT
The meeting adjourned at 9:26 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
Special City Council Meeting Minutes
September 25, 2023
Page | 1
CITY COUNCIL
SPECIAL MEETING MINUTES
JANUARY 10, 2023
VALLEJO ROOM
LOWER LEVEL OF JFK LIBRARY
505 Santa Clara Street, Vallejo, California
1. CALL TO ORDER
The meeting was called to order at 6:25 p.m.
2. ROLL CALL
Present: Mayor McConnell and Councilmembers Bregenzer, Matulac, and Palmares
Absent: Vice Mayor Verder-Aliga and Councilmembers Arriola and Loera-Diaz Staff present: City Clerk Abrahamson
3. ACTION CALENDAR
A. CONDUCT APPLICANT INTERVIEWS FOR THE CIVIL SERVICE
COMMISSIONS AND THE PARTICIPATORY BUDGETING STEERING
COMMITTEE
Recommendation: The purpose of this special meeting is to conduct applicant interviews only for appointments to fill 1 vacancy on the Civil Service Commission and 2 member and 3 alternate vacancies on the Participatory Budgeting Steering Committee. It is anticipated that appointments will be made at the City Council's regular meeting on October 10, 2023 Contact: Dawn G. Abrahamson, City Clerk, MMC (707) 648-4527 [email protected]
Council conducted interviews for the following applicants:
Civil Service Commission: David Sostarich
Participatory Budgeting Steering Committee: Paola Cubias-Shiraz, Patricia Baisden (Primary) and Donald Jordan (Secondary) African American Alliance; Jessica Lozano, and David Sostarich.
4. ADJOURNMENT
The meeting adjourned at 7:23 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
September 25, 2023
Page | 2
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
Special City Council Meeting Minutes
September 26, 2023
Page | 1
VALLEJO CITY COUNCIL
SPECIAL MEETING MINUTES
SEPTEMBER 26, 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 (arrived at 6:13 p.m.), Councilmembers Arriola, Bregenzer, Loera-Diaz, and Palmares (arrived at 6:21 p.m.)
Absent: Councilmember Matulac
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Managers Davis and Haen, Chief Assistant City Attorney Risner, Assistant City Attorney Knight, and Interim Police Chief Ta
The Council convened into Closed Session in the Council Conference Room at 6:02 p.m.
3. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (d)(2)
Number of Cases: One
B. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: McMahon v. City of Vallejo, United District Court for the Eastern District of California - 2:23-cv-01972-KJM-JDP
4. ADJOURNMENT
The meeting adjourned at 7:02 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
Special City Council Meeting Minutes
September 26, 2023
Page | 2
Regular City Council Meeting Minutes
September 26, 2023
Page | 1
VALLEJO CITY COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 26, 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, and Palmares
Absent: Councilmember Matulac
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 Council provided direction to its legal counsel regarding Closed Session Items 3A and 3B.
5. PRESENTATIONS AND COMMENDATIONS – None.
6. FIRST COMMUNITY FORUM
Speakers: Daniel Boone, Michael Hayes, Sherianne Grimm, John Kenney, Anthony Summers, Mindful Mindful, and Jimmy Genn.
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 by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Item 8N from the Consent Calendar making it Item 8.1. (Absent – Matulac).
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of September 12, 2023 and the special meeting of September 18, 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 Regular City Council Meeting Minutes
September 26, 2023
Page | 2
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: JUNE 2023
Recommendation: Ratify the payment of claims for the period of June 1, 2023 through June 30, 2023.
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for June 1-30, 2023.
D. PAYMENT OF CLAIMS: July 2023
Recommendation: Ratify the payment of claims for the period of July 1, 2023 through July 31, 2023.
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for July 1-31, 2023.
E. ADOPT A RESOLUTION APPROVING SEPARATE CONSULTANT AND
PROFESSIONAL SERVICES AGREEMENTS WITH FIVE CONSULTING
FIRMS: ALISTO ENGINEERING GROUP, BKF ENGINEERS, CSG
CONSULTANTS, INC., GHIRARDELLI ASSOCIATES, INC., AND
INTERWEST CONSULTING GROUP, INC. TO PROVIDE ON-CALL FEDERAL
PROJECT MANAGEMENT SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED
$500,000 EACH
Recommendation: Adopt a resolution approving separate Consultant and Professional Services Agreements with five consulting firms: Alisto Engineering Group, BKF Engineers, CSG Consultants, Inc., Ghirardelli Associates, Inc., and Interwest Consulting Group, Inc., to provide on-call federal project management services and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.
Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-155 N.C.
F. ADOPT A RESOLUTION APPROVING SEPARATE DESIGN
PROFESSIONAL SERVICES AGREEMENTS WITH SIX CONSULTING
FIRMS: BELLECCI & ASSOCIATES, INC., BKF ENGINEERS, CAL
ENGINEERING & GEOLOGY, INC., COASTLAND CIVIL ENGINEERING, MARK THOMAS & COMPANY, INC., AND NICHOLS CONSULTING
ENGINEERS TO PROVIDE ON-CALL CIVIL ENGINEERING DESIGN
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH
Recommendation: Adopt a resolution approving separate design professional Regular City Council Meeting Minutes
September 26, 2023
Page | 3
services agreements with six consulting firms: Bellecci & Associates, Inc., BKF Engineers, Cal Engineering & Geology, Inc., Coastland Civil Engineering, Mark Thomas & Company, Inc., and Nichols Consulting Engineers to provide on-call civil engineering design services and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.
Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-156 N.C.
G. ADOPT A RESOLUTION APPROVING SEPARATE DESIGN
PROFESSIONAL SERVICES AGREEMENTS WITH FIVE CONSULTING
FIRMS: ALAN KROPP & ASSOCIATES, INC., BSK ASSOCIATES, GEOCON CONSULTANTS, INC., NINYO & MOORE, AND TWINING, INC. TO PROVIDE
ON-CALL GEOTECHNICAL ENGINEERING & MATERIALS TESTING
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH
Recommendation: Adopt a resolution approving separate design professional services agreements with five consulting firms: Alan Kropp & Associates, Inc., BSK Associates, Geocon Consultants, Inc., Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore), and Twining, Inc., to provide on-call geotechnical engineering and material testing services and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.
Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-157 NC.
H. ADOPT A RESOLUTION APPROVING SEPARATE CONSULTANT AND
PROFESSIONAL SERVICES AGREEMENTS WITH FOUR CONSULTING
FIRMS: CSG CONSULTANTS, INC., GHIRARDELLI ASSOCIATES, INC., INTERWEST CONSULTING GROUP, INC., AND PARK ENGINEERING, INC.,
TO PROVIDE ON-CALL FEDERAL CONSTRUCTION MANAGEMENT
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH
Recommendation: Adopt a resolution approving separate Consultant and Professional Services Agreements with four consulting firms: CSG Consultants, Inc., Ghirardelli Associates, Inc., Interwest Consulting Group, Inc., and Park Engineering, Inc., to provide on-call federal construction management services, and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.
Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-158 N.C.
I. ADOPT A RESOLUTION APPROVING SEPARATE CONSULTANT AND
PROFESSIONAL SERVICES AGREEMENTS WITH FOUR CONSULTING
FIRMS: BKF ENGINEERS, CINQUINI & PASSARINO, INC., MOUNTAIN PACIFIC SURVEYS, AND SONOMA RSA, INC., FOR ON-CALL SURVEYING
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Regular City Council Meeting Minutes
September 26, 2023
Page | 4
IN AN AMOUNT NOT TO EXCEED $500,000 EACH
Recommendation: Adopt a resolution approving separate consultant and professional services agreements with four consulting firms: BKF Engineers, Cinquini & Passarino, Inc., Mountain Pacific Surveys, and Sonoma RSA, Inc., to provide on-call surveying services and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.
Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Action: adopted Resolution No. 23-159 N.C.
J. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 BUDGET IN THE AMOUNT OF $61,783.27 FOR THE OFFICER WELLNESS AND
MENTAL HEALTH GRANT AWARD FROM THE BOARD OF STATE AND
COMMUNITY CORRECTIONS
Recommendation: As the second step in a two-step process, adopt a resolution amending the Fiscal Year 2023-24 budget in the amount of $61,783.27 for the Officer Wellness and Mental Health grant award from the Board of State and Community Corrections.
Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
Action: adopted Resolution No. 23-160 N.C.
K. ADOPT A RESOLUTION APPROVING THE PRE-PURCHASE OF A PUBLIC
RESTROOM FOR THE LAKE DALWIGK IMPROVEMENT PROJECT
(PW9433) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN THE AMOUNT OF $349,766.72
Recommendation: Adopt a resolution approving the pre-purchase of a public restroom for the Lake Dalwigk Improvement Project (PW9443) and authorizing the City Manager to execute the contract in the amount of $349,766.72.
Contact: Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]
Action: adopted Resolution No. 23-161 N.C.
L. APPROVAL OF HUD-REQUIRED CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR FISCAL YEAR 2022-23
ADDRESSING AFFORDABLE HOUSING AND COMMUNITY
DEVELOPMENT NEEDS IN THE CITY OF VALLEJO
Recommendation: Approve the required Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year (FY) 2022-23 for submission to the U.S. Department of Housing and Urban Development (HUD) by September 30th annually
Contact: Gilian Haen, Assistant City Manager (707) 648-4163 [email protected]
Action: approved the required Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year (FY) 2022-23 for submission to the U.S. Department of Housing and Urban Development (HUD) by September 30th annually
M. ADOPT A RESOLUTION ACCEPTING AN INCREASED GRANT AWARD OF Regular City Council Meeting Minutes
September 26, 2023
Page | 5
$555,927 FROM THE U.S. DEPT. OF COMMERCE ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) FOR THE MARE ISLAND
INFRASTRUCTURE ASSESSMENT PROJECT, APPROVING THE FIRST
AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENT WITH WEST YOST & ASSOCIATES, INC. IN ACCORDANCE
THEREWITH, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAME AND PROVIDING NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-2024 BUDGET IN THE AMOUNT OF $555,927
Recommendation:
1. Adopt a Resolution accepting an increased grant award of $555,927 from the U.S. Dept. of Commerce Economic Development
Administration (EDA), approving the First Amendment to the Consultant and Professional Services Agreement with West Yost & Associates, Inc. in accordance therewith, and authorizing the City Manager to execute same.
2. As the first in a two-step process, provide notice of intent to amend the Fiscal Year 2023/2024 budget.
Contact: Michael Nimon, Economic Development Director
(707) 648-4109 [email protected]
Action: (1) adopted Resolution No. 23-162 N.C. and (2) as the first in a two- step process, provided notice of intent to amend the Fiscal Year 2023/2024 budget
N. ADOPT A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BY AND BETWEEN THE CITY OF VALLEJO AND BLUE
ROCK SPRINGS, LLC TO EXTEND THE TIME IN WHICH TO NEGOTIATE
THE PARTICIPATION AND PERFORMANCE AGREEEMENTS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving the Fourth Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Vallejo and Blue Rock Springs, LLC to extend the time in which to negotiate Participation and Performance Agreements and authorizing the City Manager to execute same.
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Michal Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: item was removed from the Consent Calendar at the request of Councilmember Arriola.
Assistant City Manager Haen responded to questions raised by community members. Councilmembers provided comment.
Speakers: Andrea Sorce and Jeb Elmore (Blue Rock Springs, LLC.).
Councilmembers provided additional comments.
Regular City Council Meeting Minutes
September 26, 2023
Page | 6
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present to adopt Resolution No. 23-163 N.C. (Absent – Matulac).
9. ACTION CALENDAR
A. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 BUDGET
TO REALLOCATE EXPENDITURES FROM THE AMERICAN RESCUE PLAN
ACT (ARPA) CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUNDS (STEP 2)
Recommendation: Amend FY 2023-24 ARPA budget to account for the amount of $862,000 to be reallocated from the first tranche of funds.
Contact: Michael Malone, City Manager (707) 648-4576
[email protected]
Terrance Davis, Assistant City Manager (707) 648-4577
[email protected]
Administrative Analyst Wilson reviewed the purpose of the presentation and outlined the Council’s ARPA first tranche reallocation designations and revised allocations.
Due to a mathematical computation error, Councilmember Loera-Diaz provided clarification on the amount to be allocated for small business grants which is $60,000 not $160,000 as originally requested.
Speakers: AJ and Gladys Castillo.
Staff responded to comments made by members of the public.
Councilmembers provided comment.
Action: Moved by Mayor McConnell and carried unanimously by members present to adopt Resolution No. 23-164 N.C. (Absent – Matulac).
B. ADOPT CITY COUNCIL 2023 AND MULTIYEAR GOALS AND PRIORITIES Recommendation: Adopt a resolution establishing the Vallejo City Council’s Fiscal Year 2023-2024 and Multiyear Community Goals and Priorities.
Contact: Michael Malone, City Manager (707) 648-4308
[email protected]
City Manager Malone provided introductory comments.
Assistant City Manager Peterson and Program Manager Bennett provided an overview of goal setting for 2022 and 2023 and direction Council provided to staff at its special meeting on September 19, outlined the summary changes to the 5 strategic goals of Public Safety, Efficient, Effective, Responsive Government, Economic Development Strategy, Housing/Unhoused Response, Youth Development, and concluded the presentation with staff’s recommendation.
Regular City Council Meeting Minutes
September 26, 2023
Page | 7
Staff responded to questions from Councilmembers.
Speakers: Sherianne Grimm and Denise Rettenmaier.
Another question and answer period followed. Councilmembers provided comment.
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present to adopt Resolution No. 23-165 N.C. (Absent – Matulac).
C. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO REPEALING SECTIONS 4.04.065, 5.04.066, 5.04.070 RELATING TO PEDDLERS AND 8.40.100 RELATING TO PLACING
OBJECTS ON STREETS—STOPS BY VENDORS SELLING MERCHANDISE” OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02
“SIDEWALK/RIGHT-OF-WAY VENDING”
Recommendation: Introduce an Ordinance of the City Council of the City of Vallejo Repealing Sections 4.04.065, 5.04.066, 5.04.070 Relating to Peddlers and 8.40.100 Relating to Placing Objects on Streets—Stops by Vendors Selling Merchandise" of the Vallejo Municipal Code and Adding Chapter 5.02 "Sidewalk/Right-of-Way Vending”
Contact: Veronica A. F. Nebb, City Attorney (707) 648-4545 [email protected]
City Attorney Nebb provided an overview of the staff report and outlined the recommendation.
Staff responded to questions from Councilmembers.
Speakers: Gretchen Zimmermann, Anne Carr, and AJ.
Another question and answer period followed. Councilmembers provided comment.
Action: Moved by Mayor McConnell and carried unanimously by members to hold first reading of the ordinance to the second regular meeting in November (November 28) with the understanding that each Councilmember will provide to the City Attorney, as rapidly as possible, thoughts as to what is desired to be included or removed from the ordinance (Absent – Matulac).
D. CONSIDER REQUEST BY COUNCILMEMBER BREGENZER FOR
ADDITIONAL RED LIGHT ENFORCEMENT CAMERAS TO ASSIST THE
POLICE DEPARTMENT (STEP 1)
Recommendation: Consider Councilmember Bregenzer's request and direct staff to prepare and present relevant materials at a subsequent meeting Contact: Councilmember Bregezner
[email protected]
Councilmember Bregenzer discussed the nature of his request.
Regular City Council Meeting Minutes
September 26, 2023
Page | 8
Staff responded to questions from Councilmembers.
Speakers: Daniel Boone.
Councilmembers provided comment.
Action: By unanimous consensus of Councilmembers present, staff was directed to bring Step 2 back to Council for further discussion (Absent – Matulac).
10. INFORMATION CALENDAR
A. RECEIVE UPDATE ON PUBLIC SAFETY STAFFING EMERGENCY
Recommendation: Receive an update on the public safety staffing emergency proclamation.
Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
Chief Ta provided an update on Phase 1 (Service Model Reduction), Phase 2 (Rotation of Officers to Patrol Shifts), Phase 3 (Collapsing Traffic & Detective Divisions), Phase 4 (Modifying Patrol Shifts to 12-hours or another Staffing Model), and outside assistance, provided updated current staffing numbers, and the status of police facilities (Dispatch Center and Police Headquarters).
Human Resources Director Sifuentes provided an update on recruitment and retention efforts.
Staff responded to questions from Councilmembers.
Speakers: Anne Carr and Kristine.
Another question and answer period followed. Councilmembers provided comment
B. UPDATE ON STAFF GRANT EFFORTS
Recommendation: Informational item only. There is no staff report or action associated with this item
Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Assistant City Manager Davis provided introductory comments.
Administrative Analyst Wilson outlined the purpose of the presentation and grant management objectives, reviewed the centralized grant management process, and provided an update on 22-23 awarded grants progress.
Speakers: AJ, Anthony Summers, Gladys Castillo, and Anne Carr.
Regular City Council Meeting Minutes
September 26, 2023
Page | 9
Another question and answer period followed. Councilmembers provided comment.
C. YOUTH COORDINATOR UPDATE
Recommendation: This item is for informational purposes only. There is no staff report or action associated with this item
Contact: Victoria Grace, Youth Coordinator (707) 334-5765 [email protected]
Youth Coordinator Grace Barksdale reviewed the strategic alignment for Youth Development, provided background information, outlined each of the four strategies and the corresponding metrics and outcomes for 2023-2024, and concluded the presentation discussing City outputs and future projects.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
11. CITY MANAGER’S REPORT
City Manager Malone announced the Police Department will be hosting National Coffee with a Cop on October 4 from 9-10 a.m. in the Vallejo Room.
12. CITY ATTORNEY’S REPORT – None.
13. COMMUNITY FORUM
Speakers: AJ and Anne Carr.
14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events, conferences and meetings attended.
15. ADJOURNMENT
The meeting adjourned at 12:31 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON
CITY CLERK
Regular City Council Meeting Minutes
September 26, 2023
Page | 10
CONSENT CALENDAR 8.C.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Michael Nimon, Economic Development Director
Erin Hanford, Economic Development Program Manager
SUBJECT: PROVIDE NOTICE OF INTENT TO AMEND THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $7,953,718
RECOMMENDATION
Provide notice of intent to amend the Mare Island Conversion Fund #106 Fiscal Year 2023- 2024 Budget to appropriate Navy grant funds in the amount of $7,953,718.
REASONS FOR RECOMMENDATION
This appropriation will allow the City to accept the Navy grant funds provided via the Environmental Services Cooperative Agreement (ESCA) Ninth Amendment and the corresponding expenditure authorization that will provide continued Navy funding for the Lennar Mare Island and the City of Vallejo environmental remediation project on Mare Island.
Amending the budget requires a public notice of intent under the City's Charter Section 703 (step 1) prior to any action taken. A staff report and recommendation to amend the budget (step 2) will be presented to City Council at the next regularly scheduled City Council meeting.
BACKGROUND AND DISCUSSION
In April 2001, the City of Vallejo executed the Environmental Services Cooperative Agreement (ESCA) under which the Navy provided approximately $79 Million of grant funds for the environmental remediation of the 650 acres Eastern Early Transfer Parcel (EETP) on Mare Island. Per the terms of the ESCA, the City assumed the responsibility for remediation of the known hazardous sites and the Navy provided grant funds for the cost of the remediation work. The City then transferred its obligations to perform the remediation work to Lennar Mare Island (LMI) with the execution of the Mare Island Remediation Agreement (MIRA).
Since the execution of the original ESCA, the Navy has provided additional grant funding for the Mare Island environmental remediation project via the First, Second, Third, Fifth, Sixth, Seventh, and Eighth Amendments to the ESCA, totaling approximately $15.9M. The Fourth Amendment to the ESCA provided approximately $31M in environmental remediation funds from a settlement agreement; however, these funds are earmarked for the remediation of the remaining unknown conditions detailed in the settlement agreement. The other ESCA amendments relate to direct Navy grant funds.
The Mare Island ESCA funds are held in two Trust escrow accounts, one for the direct Navy grant funds and one for the settlement funds. As of June 30, 2023, the ESCA Trust Accounts totals are as follows:
• ESCA Trust Account with First American Title - Approximately $4M • ESCA Trust Account with First American Trust - Approximately $10M
Date: October 10, 2023
Subject: PROVIDE NOTICE OF INTENT TO AMEND THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $7,953,718
The ESCA Ninth Amendment grant funds will be deposited into the ESCA Trust Account with First American Title to be made available to the City and LMI solely to fund environmental cleanup on Mare Island. These Navy grant funds cannot be used for any other purpose.
FISCAL IMPACT
Providing this notice of intent (step 1 of the 2-step process) does not have any fiscal impact. At the next regularly scheduled City Council meeting, staff will recommend amending the budget (step 2) which will increase FY 2023-24 revenues and expenditures budget by $7,953,718.
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
None
CONTACT
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
CONSENT CALENDAR 8.D.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to the Mayor
SUBJECT: AUTHORIZE THE VALLEJO CITY COUNCIL TO ISSUE A PROCLAMATION AND GRANT A KEY TO THE CITY TO EARL "E-40"
RECOMMENDATION
Authorize the Vallejo City Council to grant a Key to the City to Vallejo native Earl “E-40” Stevens and to honor Earl “E-40” Stevens with a proclamation.
REASONS FOR RECOMMENDATION
Vallejo native Earl “E-40” Stevens has outstanding achievement in Arts& Culture, Business and Philanthropy.
The recommendation is made in accordance with City of Vallejo policy for granting a Key to the City and a proclamation.
BACKGROUND AND DISCUSSION
Earl “E-40” Stevens is a native of Vallejo. Mr. Stevens is a multiplatinum recording artist, actor, entrepreneur, and philanthropist. He is a pioneer for West Coast hiphop, having released several multiplatinum and gold studio albums, mixtapes, collaborations and hit singles, including “U and Dat,” “Tell Me When To Go,” “Choices (Yup),” and “Function,” among others. Mr. Stevens currently holds the record for most solo album entries on the Billboard 200 charts by a hip-hop artist with 32 entries.
Mr. Stevens has become equally as successful as an entrepreneur. He founded an independent record label, built a robust empire in the wine and spirit industry, and launched his new food brand in 2021 called “Goon With The Spoon” which includes a line of packaged sausages, burritos and ice cream.
Mr. Stevens has represented Vallejo and made significant philanthropic contributions in the City, including supporting local schools, providing bikes for the youth and donating meals to those in need. He also leveraged his voice for key social causes, including joining California Governor Gavin Newsom for a bill signing in 2022 that would protect hip-hop artists’ creative expression through their lyrics. Mr. Stevens also supported Arts education by donating $100,000 to Grambling State University for its Music department, marching band and to create a recording studio.
Mr. Stevens is an accomplished individual and has been an ambassador for his hometown. His accomplishments and strides in the hip-hop and business community serve as an example for the next generation of leaders in Vallejo to follow.
The granting of this Key to the City and proclamation is in accordance with City of Vallejo policy.
FISCAL IMPACT
There is minor fiscal impact associated with this action. The estimated cost for the presentation key is $187.43. This is a non-budgeted item.
ENVIRONMENTAL REVIEW
Date: October 10, 2023
Subject: AUTHORIZE THE VALLEJO CITY COUNCIL TO ISSUE A PROCLAMATION AND GRANT A KEY TO THE CITY TO EARL "E-40"
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. Earl E-40 Stevens Application, Estimate for Key and Draft Proclamation
CONTACT
Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]
Attachment 1
Application/Request for Key to the City of Vallejo
Requestor Didier Morais
Phone 732-794-7814
Email [email protected]
Nominee Earl “E-40” Stevens
Justification for nomination
Earl “E-40” Stevens is a multiplatinum recording artist, actor and entrepreneur that hails from Vallejo and is celebrating the 30-year anniversary of his debut studio album (Federal) that launched his career into national superstardom.
Over the course of his career in the music industry, E-40 has firmly solidified his status as a living legend and pioneer for West Coast hip-hop, having released several multiplatinum and gold studio albums, mixtapes, collaborations and hit singles, including “U and Dat,” “Tell Me When To Go,” “Choices (Yup),” and “Function,” among countless others. He currently holds the record for most solo album entries on the Billboard 200 charts by a hip-hop artist with 32 entries.
Beyond his accolades as an entertainer, the Vallejo native has become equally as successful as an entrepreneur, having built a robust empire in the wine and spirit industry. He has launched over 15 different still and sparkling wine offerings, tequila, cognac, bourbon, vodka, gin, a golden lager beer, and a variety of pre-mixed cocktails. E-40 also launched his new food brand in 2021 called “Goon With The Spoon” which includes a line of packaged sausages, burritos and ice cream.
Throughout his journey as an entertainer and entrepreneur, E-40 has proudly represented Vallejo and made significant philanthropic contributions to the City, including supporting local schools, providing bikes for the youth and donating meals to those in need. He also leveraged his voice for key social causes, including joining California Governor Gavin Newsom for a bill signing in 2022 that would protect hip-hop artists’ creative expression through their lyrics.
Most recently, he was invited to The White House in January 2023, met with Vice President Kamala Harris and former Speaker of the House Nancy Pelosi. In an Instagram post to commemorate the trip, he gave a shout out to Magazine Street (in Vallejo), where he grew up.
Of note, in May 2023, E-40 received an honorary doctorate degree in music from his alma mater, Grambling State University. The University also surprised the music mogul by naming a recording studio on campus in his honor – the “Earl ‘E-40’ Stevens Sound Recording Studio.” E-40 is arguably one of the most decorated individuals to come from the City of Vallejo and has been a stellar ambassador of the City. His accomplishments – and strides in the hip-hop and business community – serve as an incredible example for the next generation of leaders in Vallejo to follow.
Date of application 8/18/23
Requested Date of Issuance 10/21/23
Attachments:
Signature of Requestor/Date_
Received By/Date_ _______________ 8/21/2023
Approved Denied
716 Jackson St
Fairfield, CA 94533
(707) 428-4774
[email protected]
www.eagleeyeengraving.com
ADDRESS
City of Vallejo
ESTIMATE # 1419
DATE 09/20/2023
DATE QTY RATE AMOUNT
Plaques
RW930 9x12 PIANO FINISH WALNUT W/PC236
BRONZE KEY (MPI)
1 142.95 142.95T
logo
LOGO
1 4.00 4.00T
additional engraving
ADD. WORDS (SUBLIMATION)
26 1.00 26.00T
SUBTOTAL 172.95
TAX (0.08375) 14.48
TOTAL $187.43
Accepted By Accepted Date
8. G. Attachment 2
Proposed text for engraving:
KEY TO THE CITY OF VALLEJO
presented to Vallejo native
Earl “E-40” Stevens
For lifetime achievement in the areas of
Arts & Culture, Business Entrepreneurship, and Philanthropy October 21, 2023
PROCLAMATION
HONORING EARL “E-40” STEVENS
WHEREAS, Earl “E-40” Stevens was born on November 15, 1967, raised in Vallejo , California and lived on Magazine St. for the majority of his you th. He attended John Davidson Elementary, Benjamin Franklin Junior High and graduated proudly from Hogan High School in 1985; and
WHEREAS, as an 11 year old, E-40 served as a paper boy for the Vallejo Times Herald and Vallejo VIP newspapers; and WHEREAS, E-40 was introduced to music by both his mother and his father and became a drummer in school. Eventually, he and his siblings formed a hip-hop group and made independent studio albums, which they sold out of the trunk of their car and ended up securing a national distribution deal; and WHEREAS, in 19 93 he debuted his studio a lbum “Federal” which launched his career into national superstardom . 2023 marks the 30th anniversary of the release; and
WHEREAS, over the course of his 30-year career in the music industry, E-40 has solidified his status as a hip-hop legend and West Coast hip -hop ambassador, having released several multiplatinum and gold studio albums, mixtapes, collaborations, and hit singles including “U and Dat,” “Tell Me When To Go,” “Choices (Yup),” and “Function,” among others; and WHEREAS, as a solo artist, E-40 currently holds the record for most solo album entries on the Billboard 200 charts by a hip - hop artist with 32 entries; and
WHEREAS, E-40 has established himself as a successful entrepreneur having built an empire in the wine and spirit industry and by launching his own food brand called “Goon With The Spoon”; and WHEREAS, in a January 2023 visit to the White House, he met with Vice President Kamala Harris and former Speaker of the House Nancy Pelosi, he shouted out his hometown of Vallejo, saying “from Magazine Street to the executive suite.” He also paid homage to the City via his song “Magazine Street” released in 2015 on his EP, Poverty and Prosperity; and WHEREAS, he continues to share his support and love for the City he grew up in through his many charitable donations and acts, including supporting local schools, bike donations for youth, and donations of food for the unhoused.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Robert H. McConnell , Mayor , and the Vallejo City Co uncil honor and celebrate Vallejo’s own Earl “E-40” Stevens and I declare Saturday October 21, 2023, Earl “E-40” Stevens Day in Vallejo.
Dated: October 21, 2023
_________________________________
ROBERT H. MCCONNELL, MAYOR
Vice Mayor Rozzana Verder-Aliga, EdD, District 1
Councilmember Tina Arriola, District 6
Councilmember Peter Bregenzer, District 5
Councilmember Mina Loera- Diaz, District 3
Councilmember Diosdado “JR” Matulac, District 2
Councilmember Charles Palmares, District 4
8. G. Attachment 3
CONSENT CALENDAR 8.E.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
Victoria Grace-Barksdale, Administrative Analyst II (Youth Coordinator) SUBJECT: ADOPT A RESOLUTION AWARDING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC. FOR YOUTH NEEDS ASSESSMENT AND STRATEGIC
PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME IN AN AMOUNT NOT TO EXCEED $125,000
RECOMMENDATION
Adopt a resolution awarding Consultant and Professional Services Agreement with MIG, Inc. for Youth Needs Assessment and Strategic Planning and authorizing the City Manager to execute the same in an amount not to exceed $125,000
REASONS FOR RECOMMENDATION
Approval of the Consultant and Professional Services Agreement will move forward the preparation of the Youth Needs Assessment and Strategic Planning Document to serve the Council's goal of Youth Development.
BACKGROUND AND DISCUSSION
On May 31, 2023, The City of Vallejo published a request for proposal (RFP) to hire a consultant to develop and administer a City-Wide Youth Needs Assessment and provide Strategic Planning Services. Youth/ Youth programming has been named a multi-year priority by Vallejo City Council. As a result, the Youth Coordinator position was created in the City Manager’s Office. Under the direction of the Youth Coordinator, the City of Vallejo sought proposals from qualified applicants to help facilitate and gather data on community needs for youth through a City-Wide Youth Needs Assessment, along with the development of a City of Vallejo Youth Strategic Plan. This process will utilize community input and other data to help identify current and potential offerings for youth ages 0-25 years old, as well as gaps in services within the City. Findings from the Youth Needs Assessment will be used to assist in the development of a City of Vallejo Youth Strategic Plan that will outline goals and objectives to guide future youth programming and help direct funding in the City of Vallejo.
Through a competitive process including RFP proposal reviews, evaluations, interviews, reference checks, and a scoring panel, The City of Vallejo selected MIG, Inc. to award the contract for Youth Needs Assessment and Strategic Planning. MIG will work directly with the Youth Coordinator and a Youth Needs Assessment and Strategic Plan Advisory Board throughout the duration of the 12-month contract. The Youth Strategic Plan Advisory Board will be established within the first 2 months of the contract and will consist of a diverse group of youth related service providers, youth advocates, community members and youth residents of Vallejo. An application and interview process will be established to determine membership.
The City-Wide Youth Needs Assessment will incorporate focus groups, survey data, key stakeholder interviews and public townhalls in each voting district to gather data on community needs. The Strategic Plan will use data collected from the needs assessment, expertise from the Youth Needs Assessment and Strategic Plan Advisory Board and input from the community to create a strategic plan with goals and objectives to help increase youth opportunities and resources for the city.
Date: October 10, 2023
Subject: ADOPT A RESOLUTION AWARDING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC. FOR YOUTH NEEDS ASSESSMENT AND
STRATEGIC PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME IN AN AMOUNT NOT TO EXCEED $125,000
On June 28, 2022, the Vallejo City Council adopted a resolution to amend the Fiscal Year 2021-22 budget to set aside funds for a Youth Strategic Plan and allocate funds from the General Fund to a Multi-Year Operation Project to address Council’s multi-year goal of Youth.
FISCAL IMPACT
This item does not have an impact on the General Fund. On June 28, 2022, the Vallejo City Council adopted a resolution to amend the Fiscal Year 2021-22 budget for Youth Strategic Plan and allocate funds from the General Fund to a Multi-Year Operation Project in the amount of $290,000. These funds will be used to pay for the consultant to execute the strategic plan.
ENVIRONMENTAL REVIEW
No impact.
ATTACHMENTS
1. MIG- Consultant and Professional Services Agreement
2. RESO-Approving MIGInc
CONTACT
Michael Malone, City Manager (707) 648-4308
[email protected]
MIG, Inc.-Consultant and Professional Services Agreement Page 1 of 11
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 10th day of October, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Moore Iacofano Goltsman, Inc., hereinafter referred to as “Consultant”, who agree as follows:
1. S
ervices. Subject to the terms and conditions set forth in this A greement, Consultant shall provide the C ity professional services as specified in Exhibit A, entitled “Scope of Work.”
2. P
ayment. 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. Fa
cilities 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. I
ndemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents , volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney ’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
T
he provisions of this section shall survive the expiration or termination of this Agreement.
5. I
nsurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in E xhibit C, entitled “Insurance Requirements
MIG, Inc.-Consultant and Professional Services Agreement Page 2 of 11 for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. A
ccident 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. T he 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. C
onflict 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.
8. I
ndependent Contractor. Consultant is an independent contractor .
Neither Consultant nor any of Consultant ’s officers, employees, agents, or subcontractors, if any, is an employee of C ity 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 A greement; however, C ity shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. L
icenses, Permits, Etc. Consultant represents and warrants to C ity 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 MIG, Inc.-Consultant and Professional Services Agreement Page 3 of 11 and expense, keep in effect at all times during the term of this A greement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. B
usiness 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 li cense, 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 has been obtained.
11. S
tandard of Performance. Consultant shall provide products and perform all services required pursuant to this A greement 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 a member of Consultant’s profession currently practicing in California.
C
onsultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
C
onsultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
C
onsultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
W
henever 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. For
ce Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or MIG, Inc.-Consultant and Professional Services Agreement Page 4 of 11 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.
I
n 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. T
ime is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. P
ersonnel. 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 assi gn such competent personnel shall constitute grounds for termination of this Agreement.
T
he payment made to Consultant pursuant to this Agreement shall be the full 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.
C
onsultant 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.
15. C
onsultant 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. T
erm. The term of this Agreement shall commence on September 26, 2023 and shall continue in full force and effect until September 25, 2024.
Cit
y, at its discretion, shall have the right to extend the term of this Agreement, in intervals of three months, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed 2 years.
MIG, Inc.-Consultant and Professional Services Agreement Page 5 of 11 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. T
ermination 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 th is Agreement by giving notice to 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 product, whether completed or not, as of the date of termination and not otherwise previously delivered.
T
he 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. P
roducts 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 A greement, shall become the property of C ity. 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.
D
ocuments 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 (200 2) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
MIG, Inc.-Consultant and Professional Services Agreement Page 6 of 11
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. A
ssignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its right s, 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 said consent shall be void and of no effect.
I
f 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.
T
he 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.
A
ny 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. S
uccessors 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. No
n-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, ancestry, or disability, medical condition, age, marital status or sexual orientation.
C
onsultant 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 MIG, Inc.-Consultant and Professional Services Agreement Page 7 of 11 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
I
n 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.
C
onsultant 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 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. N
otices. 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:
Victoria Grace-Barksdale
Youth Coordinator
555 Santa Clara Street
Vallejo, CA 94590
If to
Consultant:
Ramona McCabe
MIG, Inc.
800 Hearst Avenue
Berkeley, CA 94710
A
ny party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
R
outine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. I
ntegration 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 MIG, Inc.-Consultant and Professional Services Agreement Page 8 of 11 executed by each of the parties hereto.
25. S
everability Clause. Should any provision of this A greement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. La
w 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. W
aiver. 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. A
mbiguity. 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. G
ender. 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. H
eadings. 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. C
ompliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. C
onfidentiality 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 Informatio n") 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 MIG, Inc.-Consultant and Professional Services Agreement Page 9 of 11 any third party, other than its own employees, agents or subcontractors who have a need for the City I nformation for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
C
onsultant shall treat all records and work product prepared or m aintained 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.
C
onsultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. N
ews 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. Ci
ty Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. C
ounterparts. The parties may execute this A greement 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. F
acsimile Signature ; Electronic Signature . This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other part y pursuant to the notice provision of this Agreement . The failure to send an original shall not affect the binding nature of this Agreement.
37. Aut
hority. 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. E
xhibits. The following exhibits are attached hereto and incorporated herein by reference:
E
xhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments MIG, Inc.-Consultant and Professional Services Agreement Page 10 of 11 [SIGNATURES ON FOLLOWING PAGE]
MIG, Inc.-Consultant and Professional Services Agreement Page 11 of 11 I
N WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Moore Iacofano Goltsman, Inc.,
a California corporation
By:
Ramona McCabe
Project Manager
DATE:
(
City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
A
TTEST:
By:
Dawn Abrahamson
City Clerk
APPR
OVED AS TO FORM:
Veronica Nebb
City Attorney
APPR
OVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
MIG, Inc. Consultant and Professional Services Agreement Page 1 of 2 Exhibit A – Scope of Work
EXHIBIT A
S
COPE OF WORK
1. R
epresentatives. The City Representative for this Agreement is:
V
ictoria Grace- Barksdale
Youth Coordinator
City Manager’s Office
555 Santa Clara Street
Vallejo CA 94590
(707) 334-5765
T
he Consultant’s Representative for this Agreement is:
R
amona McCabe
Project Manager
MIG, Inc.
800 Hearst Avenue
Berkeley, CA 94710
(831) 535-8731
A
ll 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. Ser
vices 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. T
ime for Performance. Consultant will perform the services according to the schedule contained in Attachment 2 of Exhibit A. 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 by September 25 th,
2024.
4. K
ey 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. 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 MIG, Inc. Consultant and Professional Services Agreement Page 2 of 2 Exhibit A – Scope of Work
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:
K
ate Wely: Principal-In-Charge
Ramona McCabe: Project Manager
Noe Noyola: Community Engagement Specialist
Ryan Mottau: Digital Engagement Specialist
Project Associate
Graphic Designer
Project Administrator
MIG, Inc. Consultant and Professional Services Agreement Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. C
onsultant’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 A greement and for all authorized reimbursable expenses, for a total not to exceed ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000.00)
C
onsultant shall notify City in writing no later than thirty (3 0) 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.
C
ity agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses by monthly invoice upon satisfactory completion of the services and delivery of the work product completed and described on the monthly invoice.
B. Additional Services:
1. A
dditional 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 A greement. 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. C ity reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. C
onsultant’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. C ity, 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. A
ppropriate Billable Hourly Rates for Services and Additional Services.
C
onsultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
MIG, Inc. Consultant and Professional Services Agreement Page 2 of 3 Exhibit B - Compensation
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. P
ayments to Consultant.
A. P
ayments 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. A
ll invoices submitted by Consultant shall be (1) billed on a month to month basis (i.e the first of the month through the end of the month) (2) submitted by email to [email protected]
and (3) must contain the following
information:
1. D
escription of services billed under this invoice by task
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 Service and Reimbursable Expenses by task)
7. Remaining balance by task
8. Total Billed to Date
C. I
tems 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. C ity shall not be responsible for delays in payment to Consultant resulting from Consultant ’s failure to comply with the invoice format described above.
D. R
equest for payment shall be sent to:
V
ictoria Grace-Barksdale
Youth Coordinator
City Manager’s Office
c/o [email protected]
5. A
ccounting Records of Consultant . 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 MIG, Inc. Consultant and Professional Services Agreement Page 3 of 3 Exhibit B - Compensation
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.
T
he obligations of Consultant under this section shall survive this Agreement.
6. T
axes. 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.
7. T
axpayer 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.
MIG, Inc. Consultant and Professional Services Agreement Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
I
NSURANCE REQUIREMENTS
C
onsultant 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. M
inimum Scope of Insurance. Coverage shall be at least as broad as:
A. I
nsurance 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. I
nsurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. W
orkers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. P
rofessional Liability insurance appropriate to the Consultant ’s profession (Errors and Omission).
2. M
inimum Limits of Insurance . Consultant shall maintain limits no less than:
A. G
eneral Liability: $2 ,000,000 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, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. A
utomobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. W
orkers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
MIG, Inc. Consultant and Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. D
eductible and Self-Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall 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. O
ther 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. T
he 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. F
or 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. A
ny 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. T
he 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. E
ach 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. T
he w orkers’ compensation and e mployer’s liability p olicy required hereunder shall be endorsed to state that the workers' compensation carrier MIG, Inc. Consultant and Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
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. A
cceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. V
erification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and 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 before work commences.
7. S
ubcontractors. Consultant shall include all sub contractors 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. P
ayment 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.
City of
Vallejo Youth Needs Assessment and Strategic Plan
Scope of Work
City of Vallejo
Youth Needs Assessment & Strategic Plan
Scope of Work
Submitted by MIG, Inc.
Revised as of July 14, 2023
Phase 1 Project Launch and Ongoing Management
Task 1.1 Kick-off Meeting
MIG will convene and facilitate a one-and-a-half-hour project kick-Žī ŵĞĞƟŶŐǁŝƚŚthe City of Vallejo Youth Coordinator. The City will determine who else ƚŽŝŶĐůƵĚĞŝŶƚŚĞŝŶŝƟĂůŵĞĞƟŶŐ͘DĞĞƟŶŐĂĐƟǀŝƟĞƐ will include ƚŚĞĨŽůůŽǁŝŶŐ:
x Review the scope ŽĨǁŽƌŬ͕ĂĐƟǀŝƟĞƐ͕ƐĐŚĞĚƵůĞ͕ĐŽŵŵƵŶŝĐĂƟŽŶƉƌŽƚŽĐŽůƐ͕ĞdžƉĞĐƚĂƟŽŶƐ͕ and desired outcomes;
x ŝƐĐƵƐƐŚŽǁƚŽĐĞŶƚĞƌĞƋƵŝƚLJŝŶƚŚĞƉƌŽĐĞƐƐĂŶĚƚŚĞƌĞƐƵůƟŶŐ Needs Assessment and ^ƚƌĂƚĞŐŝĐ Plan;
x GĂƚŚĞƌƌĞĐŽŵŵĞŶĚĂƟŽŶƐŽŶďĂĐŬŐƌŽƵŶĚĚŽĐƵŵĞŶƚƐĨŽƌD/'ƌĞǀŝĞǁ͖ x /ĚĞŶƟĨLJŝŶŝƟĂůŝĚĞĂƐĨŽƌƐƚƌƵĐƚƵƌĞĂŶĚĐŽŵƉŽƐŝƟŽŶŽĨzŽƵƚŚĚǀŝƐŽƌLJŽĂƌĚ͖and x CƌĞĂƚĞĂŶŝŶŝƟĂůůŝƐƚŽĨcustomers, partners, and supporters ƚŽĞŶŐĂŐĞŝŶŝŶƚĞƌǀŝĞǁƐĂŶĚĨŽĐƵƐ ŐƌŽƵƉƐ͘
MIG wŝůůĚĞƐŝŐŶƚŚĞŵĞĞƟŶŐĂŐĞŶĚĂĂŶĚŵĂƚĞƌŝĂůƐ͕ĂƐǁĞůůĂƐa ƐƵŵŵĂƌLJŵĞŵŽƌĂŶĚĂŽĨƚŚĞŵĞĞƟŶŐ outcomes.
Task 1.2 Work Plan
ĂƐĞĚŽŶƚŚĞƉƌŽũĞĐƚkick-Žī͕D/'ǁŝůůƌĞĮŶĞƚŚĞƐĐŽƉĞŽĨƐĞƌǀŝĐĞƐĂŶĚƟŵĞůŝŶĞĂƐŶĞĐĞƐƐĂƌLJĂŶĚƉƌĞƉĂƌĞ ĂĮŶĂůǁŽƌŬƉůĂŶ͘
Task 1.3 Youth Strategic Plan Advisory Board (YAB) Convening and Monthly Meetings
ĐŽƌĞĐŽŵƉŽŶĞŶƚŽĨƐƵĐĐĞƐƐĨŽƌƚŚŝƐƉƌŽũĞĐƚǁŝůůŝŶǀŽůǀĞƚŚĞĐŽŶǀĞŶŝŶŐĂŶĚĞŶŐĂŐĞŵĞŶƚŽĨĂzŽƵƚŚ ĚǀŝƐŽƌLJŽĂƌĚ ;zͿ. MIG will work with the Youth Coordinator to outline the purpose, ŐŽĂůƐ͕ĚĞĐŝƐŝŽŶ- ŵĂŬŝŶŐƐƚƌƵĐƚƵƌĞ, and desired diversity and inclusion for the new z. /ĚĞĂůůLJ͕zŵĞŵďĞƌƐŚŝƉǁŝůů mirror the diversity of the City and include LJŽƵƚŚĂŶĚLJŽƵŶŐĂĚƵůƚƐ͖ƉĂƌĞŶƚƐŽĨLJŽƵŶŐĐŚŝůĚƌĞŶ͖ůĂĐŬ͕ >ĂƟŶŽ͕ĂŶĚƐŝĂŶƌĞƐŝĚĞŶƚƐ͖ƐƚĂī ĨƌŽŵƉƵďůŝĐĂŶĚƉƌŝǀĂƚĞƐĞƌǀŝĐĞƉƌŽǀŝĚĞƌƐ͖ĂŶĚƌĞƉƌĞƐĞŶƚĂƟǀĞƐĨƌŽŵ ĚŝīĞƌĞŶƚǀŽƟŶŐĚŝƐƚƌŝĐƚƐ͘ D/'ĞŶĐŽƵƌĂŐĞƐƚŚĞŝƚLJƚŽĞŶƐƵƌĞƚŚĂƚLJŽƵƚŚƌĞƉƌĞƐĞŶƚĂƟŽŶŝƐĂƚůĞĂƐƚϮϱ ƉĞƌĐĞŶƚŽĨƚŚĞzƐĞĂƚƐƚŽƐƵƉƉŽƌƚƚŚĞŝƌĐŽŵĨŽƌƚŝŶƉĂƌƟĐŝƉĂƟŶŐ͘ Youth members wiůůƌĞĐĞŝǀĞĂΨϱϬŐŝŌ ĐĂƌĚĨŽƌĞĂĐŚŵĞĞƟŶŐƚŚĂƚƚŚĞLJĂƩĞŶĚƚŽƐƵƉƉŽƌƚƚŚĞŝƌŽŶŐŽŝŶŐĞŶŐĂŐĞŵĞŶƚ͘ ĂƐĞĚŽŶ ƌĞĐŽŵŵĞŶĚĂƟŽŶƐĨƌŽŵƚŚĞYouth Coordinator͕D/'ǁŝůůĚĞǀĞůŽƉĂůŝƐƚŽĨŽƌŐĂŶŝnjĂƟŽŶƐ͕ŐƌŽƵƉƐ͕Žƌ schools from which to recruit, and then reach out to develop a list of ĞŝŐŚƚƚŽϭϮ interested individuals. dŽƐƚƌĞŶŐƚŚĞŶŽƵƚƌĞĂĐŚ͕D/'ǁŝůůǁŽƌŬǁŝƚŚƚŚĞzŽƵƚŚŽŽƌĚŝŶĂƚŽƌƚŽĚĞǀĞůŽƉĂǀŝƐƵĂůůLJĞŶŐĂŐŝŶŐ MIG, Inc. Consultant and Professional Services Agreement Exhibit A – Attachement 1- Scope of Work
City of
Vallejo Youth Needs Assessment and Strategic Plan
Scope of Work
ƌĞĐƌƵŝƚŵĞŶƚƉĂĐŬĂŐĞǁŚŝĐŚǁŝůůŽƵƚůŝŶĞƚŚĞƌŽůĞ͕ĚƵƌĂƟŽŶŽĨƚŚĞĐŽŵŵŝƚŵĞŶƚ;Ğ͘Ő͕͘ŶƵŵďĞƌŽĨLJĞĂƌƐͿ͕ montŚůLJƟŵĞĐŽŵŵŝƚŵĞŶƚ͕ĂŶĚƚŚĞƚĂŶŐŝďůĞƐƵƉƉŽƌƚ;Ğ͘Ő͕͘ƐƟƉĞŶĚ͕ƚƌĂŶƐƉŽƌƚĂƟŽŶ/child care support, ĐŽĂĐŚŝŶŐͬŵĞŶƚŽƌŝŶŐ͕ĞƚĐ͘Ϳthat will be provided to z members͕ƉĂƌƟĐƵůĂƌůLJLJŽƵƚŚŵĞŵďĞƌƐ to ensure ƚŚĞĞdžƉĞƌŝĞŶĐĞŝƐƉƌŽĚƵĐƟǀĞĂŶĚƉŽƐŝƟǀĞ͘The Youth Coordinator ǁŝůůĂƐƐŝƐƚǁŝƚŚŵĂŬŝŶŐŝŶƚƌŽĚƵĐƟŽŶƐ where possible.
The z will serve ĂƐĂĐƌŝƟĐĂůƉĂƌƚŶĞƌƚŚƌŽƵŐŚŽƵƚƚŚĞĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚ͕ƌĞƐĞĂƌĐŚ͕ĂƐƐĞƐƐŵĞŶƚ͕ ĂŶĚƐƚƌĂƚĞŐŝĐƉůĂŶŶŝŶŐƉƌŽĐĞsses. The ŐƌŽƵƉwill ŐƵŝĚĞƚŚĞƉůĂŶŶŝŶŐƉƌŽĐĞƐƐ͕ƌĞƐƉŽŶĚƚŽĚƌĂŌĐŽŶƚĞŶƚ͕ ĂŶĚĂĚĚƌĞƐƐĂŶLJĞŵĞƌŐŝŶŐŶĞĞĚƐĂŶĚŝƐƐƵĞƐĂůŽŶŐƚŚĞǁĂLJ͘dŚƌŽƵŐŚƚŚĞƐĞŵĞĞƟŶŐƐ͕MIG will develop the main components of the ŶĞĞĚƐĂƐƐĞƐƐŵĞŶƚĂŶĚƐƚƌĂƚĞŐŝĐƉůĂŶ. MIG will assist the z to develop and ĂŐƌĞĞŽŶ͗
x A dĞƚĂŝůĞĚĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚƉůĂŶ;
x ŶƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨĐŽŵŵƵŶŝƚLJƌĞƐŽƵƌĐĞƐĂŶĚĐŽŵŵƵŶŝƚLJĐĂƉĂĐŝƚLJƚŽǁŽƌŬƚŽǁĂƌĚƐŐŽĂůƐ͖ x dŚĞƐƚƌĂƚĞŐŝĐƉůĂŶĨƌĂŵĞǁŽƌŬ— cŽƌĞǀĂůƵĞƐĂŶĚĞŵĞƌŐŝŶŐƚŚĞŵĞƐ͕ƐƚƌĂƚĞŐŝĐƉƌŝŽƌŝƟĞƐ, and short ĂŶĚůŽŶŐ-term ŽďũĞĐƟǀĞƐ; and
x /ŶĚŝĐĂƚŽƌƐŽĨƐƵĐĐĞƐƐƟĞĚĚŝƌĞĐƚůLJƚŽƚŚĞŽďũĞĐƟǀĞƐĂŶĚĂƉůĂŶĨŽƌŵĞĂƐƵƌŝŶŐ͕ĐŽŶƟŶƵŽƵƐ ŵŽŶŝƚŽƌŝŶŐĂŶĚŝŵƉƌŽǀĞŵĞŶƚ͕ĂŶĚƌĞƉŽƌƟŶŐŽŶƉƌŽŐƌĞƐƐ.
D/'ǁŝůůĚĞƐŝŐŶ͕ĨĂĐŝůŝƚĂƚĞ͕ĂŶĚĚŽĐƵŵĞŶƚup to 6 one-and-a-half-hour meeƟŶŐƐǁŝƚŚthe z ĚƵƌŝŶŐďŽƚŚ ƚŚĞŶĞĞĚƐĂƐƐĞƐƐŵĞŶƚĂŶĚƐƚƌĂƚĞŐŝĐƉůĂŶŶŝŶŐƉŚĂƐĞƐŽĨƚŚĞƉƌŽũĞĐƚ͘ dŚĞŵĞĞƟŶŐƐǁŝůůďĞŚĞůĚon an approximately bi-monthly basis͕ĂůůŽǁŝŶŐƟŵĞĨŽƌŽƵƚƐŝĚĞŝŶƉƵƚƚŽďĞŐĂƚŚĞƌĞĚĂŶĚĂŶĂůLJnjĞĚƚŽŐƵŝĚĞ ƚŚĞŽŶŐŽŝŶŐǁŽƌŬ. MIG assƵŵĞƐƚŚĂƚƚŚĞƐĞŵĞĞƟŶŐƐǁŝůůďĞŚĞůĚǀŝƌƚƵĂůůLJ͕ǁŝƚŚtwo D/'ƐƚĂīƉƌĞƐĞŶƚ͕ƚŽ ĨĂĐŝůŝƚĂƚĞ͕ŐĂƚŚĞƌŝŶƉƵƚ͕ĂŶĚĚŽĐƵŵĞŶƚƚŚĞŵĞĞƟŶŐ͘
Task 1.4 Ongoing Project Management
The MIG ƉƌŽũĞĐƚŵĂŶĂŐĞƌ will meet virtually with the City of Vallejo Youth Coordinator for one hour once a month ƚŽĐŚĞĐŬŽŶƉƌŽũĞĐƚƉƌŽŐƌĞƐƐĂŶĚƉƌŽďůĞŵ-solve any obstacles that may arise. This assumes a twelve-month project period.
Phase 2. Youth Needs Assessment
dŚĞD/'d ĞĂŵǁŝůůĞŵďĂƌŬŽŶĂĐŽŵƉƌĞŚĞŶƐŝǀĞĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚand research process to surface ĂŶĚĚŽĐƵŵĞŶƚƚŚĞƉƌĞƐƐŝŶŐŶĞĞĚƐĂŶĚƉƌĞǀĂŝůŝŶŐ ƐƚƌĞŶŐƚŚƐŽĨLJŽƵƚŚďŝƌƚŚƚŽĂŐĞϮϱ in the City of Vallejo.
Task 2.1 Key Partner (Stakeholder) Interviews
MIG will conduct one-hour interviews with up to 10 key partners (Ğ͘Ő͕͘ customers, partners, and supportersͿ to ŐĂŝŶĂŶƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨthe unmet needs of youth, the array of community resources, ĂŶĚŐĂƉƐŝŶƐĞƌǀŝĐĞƐ. The z and Youth Coordinator ǁŝůůŚĞůƉŝĚĞŶƟĨLJthose to be interviewed, and the Youth Coordinator ǁŝůůƉƌŽǀŝĚĞĐŽŶƚĂĐƚŝŶĨŽƌŵĂƟŽŶ wherever possible. We will also use the interviews to ŐĂƚŚĞƌ ŝĚĞĂƐĂďŽƵƚƚƌĞŶĚƐ͕ŽƉƉŽƌƚƵŶŝƟĞƐ͕ and ĐŚĂůůĞŶŐĞƐ͕as well as to test ƉƌŝŽƌŝƚLJŝƐƐƵĞƐƚŚĂƚĞŵĞƌŐĞ from MIG’s research and early discussions with the Y͘D/'ǁŝůůĚĞǀĞůŽƉƚŚĞŝŶƚĞƌǀŝĞǁƋƵĞƐƟŽŶƐŝŶ partnership with the Youth Coordinator. MIG assumes interviews will be conducted virtually or via telephone.
Cit
y of Vallejo Youth Needs Assessment and Strategic Plan
Scope of Work
Task 2.2 Focus Groups (8 groups)
MIG will convene and facilitate a total of ĞŝŐŚƚ, one-and-a-half-hour ĨŽĐƵƐŐƌŽƵƉƐ, four with LJŽƵŶŐteens, four with ŽůĚĞƌƚĞĞŶƐĂŶĚLJŽƵŶŐĂĚƵůƚƐ͘dŚĞƐĞŐƌŽƵƉƐǁŝůůďĞĚĞƐŝŐŶĞĚto ďĞƩĞƌƵŶĚĞƌƐƚĂŶĚopinions and ďĞŚĂǀŝŽƌƐƌĞůĂƟŶŐƚŽLJŽƵƚŚƐĞƌǀŝĐĞƐ͕ĂƐǁĞůůĂƐĞdžŝƐƟŶŐŽƉƉŽƌƚƵŶŝƟĞƐ and resources. MIG proposes that these ĨŽĐƵƐŐƌŽƵƉƐďĞŝŶ-person.
dŽƉƌŽŵŽƚĞĐŽŵĨŽƌƚĂŶĚƉƐLJĐŚŽůŽŐŝĐĂůƐĂĨĞƚLJĨŽƌƉĂƌƟĐŝƉĂŶƚƐ͕ MIG recommends that the ĨŽĐƵƐŐƌŽƵƉƐbe ŽƌŐĂŶŝnjĞĚďLJ ĐŽŵŵŽŶĐƵůƚƵƌĞĂŶĚůĂŶŐƵĂŐĞ͘D/'ǁŝůůĨĂĐŝůŝƚĂƚĞƵƉƚŽĨŽƵƌĂĸŶŝƚLJŐƌŽƵƉƐĨŽƌ LJŽƵŶŐ teens ĂŶĚƵƉƚŽĨŽƵƌĂĸŶŝƚLJŐƌŽƵƉƐĨŽƌŽůĚĞƌƚĞĞŶƐĂŶĚLJŽƵŶŐĂĚƵůƚƐ͘dŚĞƐĞĐŽƵůĚŝŶĐůƵĚĞ ŶŐůŝƐŚ-, Spanish-,
and dĂŐĂůŽŐ-ƐƉĞĂŬŝŶŐŐƌŽƵƉƐ, and an ĨƌŝĐĂŶŵĞƌŝĐĂŶĂĸŶŝƚLJŐƌŽƵƉ͘WĂƌƟĐŝƉĂŶƚƐǁŝůůƌĞĐĞŝǀĞĂΨϱϬŐŝŌ card ŝŶƌĞĐŽŐŶŝƟŽŶŽĨƚŚĞŝƌƟŵĞĂŶĚŐĞŶĞƌŽƐŝƚLJŝŶƐŚĂƌŝŶŐƚŚĞŝƌƉĞƌƐƉĞĐƟǀĞ͘ The MIG Team will develop and ŝŵƉůĞŵĞŶƚĂƌĞĐƌƵŝƚŵĞŶƚƐƚƌĂƚĞŐLJĂŶĚ phone screener based on the ŽďũĞĐƟǀĞƐĂŶĚ ƚĂƌŐĞƚƉŽƉƵůĂƟŽŶƐĨŽƌĞĂĐŚĨŽĐƵƐ ŐƌŽƵƉ͘dŚĞD/'d ĞĂŵǁŝůůǁŽƌŬǁŝƚŚƚhe Youth Coordinator and z to ĚĞǀĞůŽƉƚŚĞĚŝƐĐƵƐƐŝŽŶŐƵŝĚĞĨŽƌĞĂĐŚ ĨŽĐƵƐŐƌŽƵƉ͕ƚĂŬŝŶŐŝŶƚŽĐŽŶƐŝĚĞƌĂƟŽŶ the ƌĞƐƉĞĐƟǀĞ ƌĞƐĞĂƌĐŚŽďũĞĐƟǀĞƐ͘
The D/'dĞĂŵǁŝůůĚĞǀĞůŽƉƚĞdžƚĂŶĚŐƌĂƉŚŝĐŵĂƚĞƌŝĂůƐƚŽĞŶƐƵƌĞƚŚĞĐŽŶƚĞŶƚŝƐĂĐĐĞƐƐŝďůĞĂŶĚ understandable anĚƚŽďƌŝŶŐƚŚĞĚŝƐĐƵƐƐŝŽŶƚŽůŝĨĞ͘hƐŝŶŐƉůĂŝŶůĂŶŐƵĂŐĞĂŶĚĞŶŐĂŐŝŶŐ visuals, we expect ƚŚĞƐĞŵĂƚĞƌŝĂůƐƚŽŚĞůƉĐŽŶǀĞLJƉƌŽŐƌĂŵŵĞƐƐĂŐĞƐĂŶĚƚŽĞůŝĐŝƚĞŶŐĂŐĞĚƉĂƌƟĐŝƉĂƟŽŶ͘The Youth Coordinator ǁŝůůŚĂǀĞƚŚĞŽƉƉŽƌƚƵŶŝƚLJƚŽƌĞǀŝĞǁĚƌĂŌƐŽĨĂůůĚŽĐƵŵĞŶƚƐďĞĨŽƌĞƚŚĞLJĂƌĞĮŶĂůŝnjĞĚ͘ Task 2.3 Town Hall Meetings (6 meetings, one in each voting district) /ŶĐŽůůĂďŽƌĂƟŽŶǁŝƚŚƚŚĞŝƚLJ͕D/'ǁŝůůĚĞƐŝŐŶĂŶĚĨĂĐŝůŝƚĂƚĞĂƐĞƌŝĞƐŽĨƐŝdžĐŽŵŵƵŶŝƚLJƚŽǁŶŚĂůůƐƚŽ discuss issues related to youth needs, and to explore ideĂƐĂŶĚŽƉƉŽƌƚƵŶŝƟĞƐǁŝƚŚƚŚĞƉƵďůŝĐ, especially local youth-ƐĞƌǀŝŶŐƉƌŽǀŝĚĞƌƐ͕ƐĐŚŽŽůƐ͕ĂŶĚƉĂƌĞŶƚƐ͘dŚĞŵĞĞƟŶŐƐǁŝůůďĞŚĞůĚŝŶ-person, one in each ǀŽƟŶŐĚŝƐƚƌŝĐƚ͘D/'ǁŝůůĚĞǀĞůŽƉĂŐĞŶĚĂƐ͕ŵĞĞƟŶŐŵĂƚĞƌŝĂůƐ͕ĂŶĚŽƚŚĞƌƐƵƉƉŽƌƟŶŐĞůĞŵĞŶƚƐƚŽĞŶƐƵƌĞ the ƚŽǁŶŚĂůůƐĂƌĞŝŶĨŽƌŵĂƟǀĞĂŶĚĞŶŐĂŐŝŶŐ͘ dŽŽůƐĂŶĚŵĞƚŚŽĚƐŵĂLJŝŶĐůƵĚĞůŝǀĞƉŽůůŝŶŐ͕ƐŵĂůůŐƌŽƵƉ discussions, ŐƌĂƉŚŝĐƌĞĐŽƌĚŝŶŐ͕ĂŶĚƋƵĞƐƟŽŶĂŶĚĂŶƐǁĞƌ ͘dŚŝƐǁŝůůďĞĂŶŽƚŚĞƌŽƉƉŽƌƚƵŶŝƚLJƚŽƉƌŽŵŽƚĞ ĐŽŵƉůĞƟŽŶŽĨƚŚĞŝŶƚĞƌĂĐƟǀĞƐƵƌǀĞLJĚĞƐĐƌŝďĞĚŝŶdĂƐŬϮ͘ϱ͘ MIG will also produce a series of four to six ƐŽĐŝĂůŵĞĚŝĂƉŽƐƚƐĂŶĚĚŝŐŝƚĂůĂĚǀĞƌƟƐĞŵĞŶƚƐƚŽƉƌŽŵŽƚĞƚŚĞ town halls, and the City ǁŝůůƉƵďůŝĐŝnjĞƚŚĞƚŽǁŶŚĂůůƐŽŶƚŚĞŝƚLJǁĞďƐŝƚĞĂŶĚƐŽĐŝĂůŵĞĚŝĂƉĂŐĞƐ͘ MIG will provide a summary of each town hall, ǁŚŝĐŚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚĞĮŶĂůŶĞĞĚƐĂƐƐĞƐƐŵĞŶƚƌĞƉŽƌƚ͘ Task 2.4 Interactive Geo-Based Survey
D/'ǁŝůůĚĞǀĞůŽƉĂŶŝŶƚĞƌĂĐƟǀe, ŐĞŽ-ďĂƐĞĚƐƵƌǀĞLJƚŽŐĂƚŚĞƌĚĂƚĂŽŶŶĞĞĚƐ͕ƐƚƌĞŶŐƚŚƐ͕ĂŶĚŝĚĞĂƐĨƌŽŵ LJŽƵƚŚ͕LJŽƵŶŐĂĚƵůƚƐ͕ĂŶĚĂĚƵůƚƐǁŝƚŚƟĞƐƚŽLJŽƵŶŐƉĞŽƉůĞ͘dŚĞƐƵƌǀĞLJǁŝůůƉƌŽǀŝĚĞĂŶŽƉƉŽƌƚƵŶŝƚLJĨŽƌ ƉĂƌƟĐŝƉĂŶƚƐƚŽŝĚĞŶƟĨLJƉƌŽďůĞŵƐŽƌĐŚĂůůĞŶŐĞƐŝŶƚŚĞŝƌŶĞŝŐŚďŽƌŚŽŽĚƐ͕ĂƐǁĞůůĂƐŝĚĞĂƐĨŽƌĐŚĂŶŐĞƐ͘It ǁŝůůĂůƐŽĞŶƐƵƌĞƚŚĂƚǁĞĂƌĞĂďůĞƚŽŐĂƚŚĞƌŝŶĨŽƌŵĂƟŽŶďĂƐĞĚŽŶƚŚĞĚŝīĞƌĞŶƚǀŽƟŶŐĚŝƐƚƌŝĐƚƐŝŶƚŚĞŝƚLJ͕ to provide both district-ƐƉĞĐŝĮĐĂŶĚĐŝƚLJǁŝĚĞŝŶƐŝŐŚƚƐ͘ The survey will be translated into Spanish and dĂŐĂůŽŐ͘ƉĂƉĞƌǀĞƌƐion of the survey will also be made ĂǀĂŝůĂďůĞƚŽƐƵƉƉŽƌƚƉĂƌƟĐŝƉĂƟŽŶĨƌŽŵƉĞŽƉůĞǁŝƚŚůŝŵŝƚĞĚĂĐĐĞƐƐƚŽƚŚĞŝŶƚĞƌŶĞƚ͘ Cit
y of Vallejo Youth Needs Assessment and Strategic Plan
Scope of Work
We will partner with ƚŚĞĨŽůůŽǁŝŶŐŐƌŽƵƉƐ͕ƐĐŚŽŽůƐ͕ĂŶĚŽƌŐĂŶŝnjĂƟŽŶƐƚŽƉƌŽŵŽƚĞƉĂƌƟĐŝƉĂƟŽŶŝŶƚŚĞ survey:
x Local K-12 schools;
x Youth ƐŽĐŝĂůƐĞƌǀŝĐĞƉƌŽǀŝĚĞƌƐŝŶĐůƵĚŝŶŐŚŝůĚ^ƚĂƌƚ͕/ŶĐ͕͘^ŽĨ^ŽůĂŶŽŽƵŶƚLJ͕ƚƌĂŶƐŝƟŽŶ-ĂŐĞ LJŽƵƚŚƉƌŽŐƌĂŵƐ͕and child and adult mental health providers; x WƵďůŝĐĂŐĞŶĐŝĞƐĂŶĚĚĞƉĂƌƚŵĞŶƚƐŝŶĐůƵĚŝŶŐŝƚLJŽĨsĂůůĞũŽWĂƌŬƐĂŶĚZĞĐƌĞĂƟŽŶ͕sĂůůĞũŽWŽůŝĐĞ ĐƟǀŝƟĞƐ>ĞĂŐƵĞ;W>Ϳ͖ĂŶĚSolano County ,ĞĂůƚŚĂŶĚ^ŽĐŝĂů^ĞƌǀŝĐĞƐ͕ĞŚĂǀŝŽƌĂů,ĞĂůƚŚ Services, ŽƵŶƚLJKĸĐĞŽĨ
ĚƵĐĂƟŽŶ͕ĂŶĚ:ƵǀĞŶŝůĞWƌŽďĂƟŽŶ͖
x Child care providers;
x >ŽĐĂůĐŽůůĞŐĞƐ, ƵŶŝǀĞƌƐŝƟĞƐ and trade schools; and
x Faith-ďĂƐĞĚŽƌŐĂŶŝnjĂƟŽŶƐ
D/'ǁŝůůƉƌŽǀŝĚĞƐĂŵƉůĞŶĞǁƐůĞƩĞƌƚĞdžƚĂŶĚƐŽĐŝĂůŵĞĚŝĂƉŽƐƚƐƚŽƚŚĞŝƚLJĂŶĚƉĂƌƚŶĞƌŽƌŐĂŶŝnjĂƟŽŶƐƚŽ help promote the survey. To ĚƌŝǀĞƉĂƌƟĐŝƉĂƟŽŶ͕ƚŚĞƌĞǁŝůůďĞĂŐŝŌĐĂƌĚĚƌĂǁŝŶŐĨŽƌƚŚŽƐĞǁŚŽĐŽŵƉůĞƚĞ the survey, with ten ĐŚĂŶĐĞƐƚŽǁŝŶΨϮϱ͘ŽŵŵƵŶŝƚLJďĂƐĞĚŽƌŐĂŶŝnjĂƟŽŶƐ;ƵƉƚŽtenͿǁŝůůďĞĞůŝŐŝďůĞĨŽƌĂ ƐƟƉĞŶĚŽĨƵƉƚŽΨϮϬϬĨŽƌƚŚĞŝƌƐƵƉƉŽƌƚŝŶƉƌŽŵŽƟŶŐƚŚĞƐƵƌǀĞLJ͘MIG will work with the Youth ĐŽŽƌĚŝŶĂƚŽƌƚŽĐƌĞĂƚĞĚƌĂǁŝŶŐƌƵůĞƐ͘D/'ǁŝůůŵĂŬĞthree ĂƩĞŵƉƚƐƚŽĐŽŶƚĂĐƚ ĚƌĂǁŝŶŐƉƌŝnjĞǁŝŶŶĞƌƐĂŶĚ ƉƌŽǀŝĚĞĂŶĞůĞĐƚƌŽŶŝĐŽƌƉŚLJƐŝĐĂůŐŝŌĐĂƌĚĨŽƌƚŚĞƉƌŝnjĞĂŵŽƵŶƚƚŽǁŝŶŶĞƌƐ͘ Task 2.5 Research on Demographic and Population Trends
MIG will review ƉƵďůŝĐůLJĂǀĂŝůĂďůĞĚĂƚĂƚŽĐŽůůĞĐƚĚĞŵŽŐƌĂƉŚŝĐĚĂƚĂĂŶĚĐŽŶĚƵĐƚĂƚƌĞŶĚĂŶĂůLJƐŝƐŽĨƚŚĞ ƉŽƉƵůĂƚŝŽŶĐƵƌƌĞŶƚůLJƌĞƐŝĚŝŶŐŝŶƚŚĞŝƚLJŽĨsĂůůĞũŽ͘ĂƚĂĐŽůůĞĐƚŝŽŶǁŝůůĨŽĐƵƐŽŶLJŽƵƚŚďŝƌƚŚƚŽϮϱ. ^ŽƵƌĐĞƐǁŝůůŝŶĐůƵĚĞƚŚĞh͘^͘ĞŶƐƵƐƵƌĞĂƵ͕ƚŚĞŝƚLJŽĨsĂůůĞũŽ͕ Solano County, and California Department of Education, at a minimum.
Task 2.6 Needs Assessment Document – Draft and Final
ĂƐĞĚŽŶŽƵƌǁŽƌŬǁŝƚŚƚŚĞz͕ŝŶĐůƵĚŝŶŐŝŶƚĞŐƌĂƟŽŶof input from key partner interviews, focus ŐƌŽƵƉƐ͕the ŐĞŽ-based survey, town ŚĂůůŵĞĞƟŶŐƐ͕ĂŶĚƐĞĐŽŶĚĂƌLJĚĂƚĂƌĞǀŝĞǁ͕ the MIG Team will develop a Youth Needs Assessment that will help the Youth Coordinator and the City of Vallejo ƵŶĚĞƌƐƚĂŶĚĂŶĚƌĞƐƉŽŶĚƚŽƚŚĞĞŵĞƌŐŝŶŐand unmet needs of youth ďŝƌƚŚƚŽϮϱ. The document will be clear, accessible, and ŝŶĨŽƌŵĂƟǀĞ. MIG assumes two rounds of consolidated edits from the zͬYouth Coordinator.
Phase 3 Strategic Plan Development
Task 3.1 Strategic Planning Process Detailed Plan
ĂƐĞĚŽŶƚŚĞĚĂƚĂĂŶĚŝŶĨŽƌŵĂƟŽŶŐĂƚŚĞƌĞĚŝŶƚŚĞzŽƵƚŚEĞĞĚs Assessment, the MIG Team will develop ĂƐƚƌĂƚĞŐŝĐƉůĂŶĨŽƌLJŽƵƚŚƚŚƌŽƵŐŚĂĐŽůůĂďŽƌĂƟǀĞĂŶĚĐŽŵŵƵŶŝƚLJ-driven process. We will develop a ƉƌŽĐĞƐƐĚŽĐƵŵĞŶƚƚŚĂƚŽƵƚůŝŶĞƐƚŚĞŐĞŶĞƌĂůƟŵĞůŝŶĞ͕ƐĐŚĞĚƵůĞŽĨ zŵĞĞƟŶŐƐƚŽŝŶĨŽƌŵƚŚĞƐƚƌĂƚĞŐŝĐ plan, schedule of town halls͕ĂŶĚĂĨƌĂŵĞǁŽƌŬĨŽƌŝŶĐŽƌƉŽƌĂƟŶŐĨĞĞĚďĂĐŬĂŶĚŝŶĨŽƌŵĂƟŽŶĨƌŽŵ community input, bench-ŵĂƌŬĞĚŝŶĚƵƐƚƌLJƐƚĂŶĚĂƌĚƐ͕ďĞƐƚƉƌĂĐƟĐĞƐ͕ĂŶĚĨŽƌĞĐĂƐƚĞĚƚƌĞŶĚƐŝŶLJŽƵƚŚ ƌĞůĂƚĞĚƐĞƌǀŝĐĞƐĂŶĚƉƌŽŐƌĂŵƐ͘
Cit
y of Vallejo Youth Needs Assessment and Strategic Plan
Scope of Work
Task 3.2 Youth Charrette
To ĞŶŐĂŐĞLJŽƵƚŚŝŶƚŚĞ ƐƚƌĂƚĞŐŝĐ ƉůĂŶŶŝŶŐƉƌŽĐĞƐƐ͕D/'ǁŝůůŚŽƐƚĂLJŽƵƚŚĐŚĂƌƌĞƩĞƚŽĚŝƌĞĐƚůLJĞŶŐĂŐĞ LJŽƵŶŐƉĞŽƉůĞŝŶĚĞǀĞůŽƉŝŶŐĂǀŝƐŝŽŶĂŶĚĐŽƌĞƐƚƌĂƚĞŐŝĞƐĨŽƌƚŚĞƐƚƌĂƚĞŐŝĐƉůĂŶ͘D/'ǁŝůůƉĂƌƚŶĞƌǁŝƚŚůŽĐĂů schools to recruit youth ƉĂƌƟĐŝƉĂŶƚƐĂŶĚ will dĞǀĞůŽƉĂƌĞĐƌƵŝƚŵĞŶƚĂŶĚŝŶĐĞŶƟǀĞƐƚƌĂƚĞŐLJƚŽĞŶĐŽƵƌĂŐĞ ĞŶŐĂŐĞŵĞŶƚ͘ dŚĞĐŚĂƌƌĞƩĞǁŝůůďƵŝůĚŽŶĚĂƚĂŐĂƚŚĞƌĞĚƚŚƌŽƵŐŚƚŚĞŶĞĞĚƐĂƐƐĞƐƐŵĞŶƚĂŶĚwill use ĂĐƟǀĞĨĂĐŝůŝƚĂƟŽŶĂŶĚǀŝƐƵĂůŝnjĂƟŽŶĂĐƟǀŝƟĞƐƚŽĞůŝĐŝƚresponses from youth ŽŶŬĞLJƐƚƌĂƚĞŐŝĐƋƵĞƐƟons.
D/'ǁŝůůĚĞǀĞůŽƉĂĐŽŵƉĞůůŝŶŐƉƌĞƐĞŶƚĂƟŽŶĂŶĚŝŶƚĞƌĂĐƟǀĞĨŽƌŵĂƚƚŽŐĂƚŚĞƌŝŶƉƵƚ͘dŚŝƐŝŶƉƵƚ͕ƚŽŐĞƚŚĞƌ with that of the z ĂŶĚƚŚĞzŽƵƚŚŽŽƌĚŝŶĂƚŽƌ͕ǁŝůůĨŽƌŵƚŚĞĨŽƵŶĚĂƟŽŶĨŽƌƚŚĞcore values, ĞŵĞƌŐŝŶŐ themes, and ƐƚƌĂƚĞŐŝĐƉƌŝŽƌŝƟĞƐ of the strĂƚĞŐŝĐƉůĂŶ͘
This process will foster dynamic, non-ĞdžƚƌĂĐƟǀĞ͕ĂŶĚĞƋƵŝƚĂďůĞĞŶŐĂŐĞŵĞŶƚŝŶƉůĂŶŶŝŶŐ͘D/'will host ƚŚĞĐŚĂƌƌĞƩĞŝŶ-person for four hours and ƉƌŽǀŝĚĞĂǁƌŝƩĞŶƐƵŵŵĂƌLJŽĨŝŶƉƵƚŐĂƚŚĞƌĞĚƚŚƌŽƵŐŚƚŚŝƐ process to be incorporated into the stratĞŐŝĐƉůĂŶ͘
Task 3.3 Town Hall Meetings (6 meetings, one in each voting district) /ŶĐŽůůĂďŽƌĂƟŽŶǁŝƚŚƚŚĞŝƚLJ͕D/'ǁŝůůĚĞƐŝŐŶĂŶĚĨĂĐŝůŝƚĂƚĞĂsecond series of six community town halls.
This series will focus on ƐŽůŝĐŝƟŶŐ feedback on the early elements of the ƐƚƌĂƚĞŐŝĐƉůĂŶ͘dŚĞŵĞĞƟŶŐƐǁŝůů be held in-ƉĞƌƐŽŶ͕ŽŶĞŝŶĞĂĐŚǀŽƟŶŐĚŝƐƚƌŝĐƚ͘D/'ǁŝůůĚĞǀĞůŽƉĂŐĞŶĚĂƐ͕ŵĞĞƟŶŐŵĂƚĞƌŝĂůƐ͕ĂŶĚŽƚŚĞƌ ƐƵƉƉŽƌƟŶŐĞůĞŵĞŶƚƐƚŽĞŶƐƵƌĞƚŚĞƚŽǁŶŚĂůůƐĂƌĞŝŶĨŽƌŵĂƟǀĞĂŶĚĞŶŐĂŐŝŶŐ͘ MIG will also produce a series of four to six ƐŽĐŝĂůŵĞĚŝĂƉŽƐƚƐĂŶĚĚŝŐŝƚĂůĂĚǀĞƌƟƐĞŵĞŶƚƐƚŽƉƌŽŵŽƚĞƚŚĞ ƚŽǁŶŚĂůůƐ͕ĂŶĚƚŚĞŝƚLJǁŝůůƉƵďůŝĐŝnjĞƚŚĞƚŽǁŶŚĂůůƐŽŶƚŚĞŝƚLJǁĞďƐŝƚĞĂŶĚƐŽĐŝĂůŵĞĚŝĂƉĂŐĞƐ͘ Task 3.4 Strategic Plan Document – Draft and Final
ĂƐĞĚŽŶthe results of the Youth Needs Assessment, and input from the z, LJŽƵƚŚĐŚĂƌƌĞƩĞ, and town hall ŵĞĞƟŶŐƐ͕D/'ǁŝůůĚĞǀĞůŽƉĂzŽƵƚŚ^ƚƌĂƚĞŐŝĐWůĂŶƚŚĂƚǁŝůůŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĞůĞŵĞŶƚƐ͗ x
džĞĐƵƟǀĞƐƵŵŵĂƌLJŽĨĐŽŵŵƵŶŝƚLJĂƐƐĞƚĂŶĚŶĞĞĚƐĂƐƐĞƐƐŵĞŶƚĚĂƚĂ͕ĐŽƌĞǀĂůƵĞƐ͕ĞŵĞƌŐŝŶŐ ƚŚĞŵĞƐ͕ĂŶĚƌĞĐŽŵŵĞŶĚĂƟŽŶƐ
x ĂĐŬŐƌŽƵŶĚŝŶĨŽƌŵĂƟŽŶŽŶƚŚĞŶĞĞĚĨŽƌƚŚĞƉůĂŶĂŶĚƌŽůĞŽĨƚŚĞz x DĞƚŚŽĚŽůŽŐLJĨŽƌĞŶŐĂŐĞŵĞŶƚ
x DĂŝŶŐŽĂůƐǁŝƚŚŝŶĞĂĐŚĞŵĞƌŐŝŶŐƚŚĞŵĞ͕ĂŶĚĂĐĐŽŵƉĂŶLJŝŶŐƐƉĞĐŝĮĐŽďũĞĐƟǀĞƐ The document will be clear, accessible, and ŝŶƐƉŝƌŝŶŐ. MIG assumes two rounds of consolidated edits from the z ŽƌzŽƵƚŚŽŽƌĚŝŶĂƚŽƌŽŶƚŚĞƚĞdžƚĂŶĚĚĞƐŝŐŶ͘ Task 3.5 Presentations to City Council (2)
D/'ƐƚĂīǁŝůůƉƌĞƐĞŶƚƚŚĞzŽƵƚŚ^ƚƌĂƚĞŐŝĐWůĂŶƚŽƚŚĞ sĂůůĞũŽŝƚLJŽƵŶĐŝůĂƐďŽƚŚĂĚƌĂŌĂŶĚĂƐĂĮŶĂů ƉƌŽĚƵĐƚ͘KƵƌƉƌĞƐĞŶƚĂƟŽŶs ǁŝůůƉƌŽǀŝĚĞŝŶĨŽƌŵĂƟŽŶŽŶƚŚĞƉůĂŶŶŝŶŐĂŶĚĞŶŐĂŐĞŵĞŶƚprocess and center ƚŚĞǀŽŝĐĞƐĂŶĚŝĚĞĂƐŽĨLJŽƵƚŚ͘ƚƚŚĞƉƌĞƐĞŶƚĂƟŽŶŽĨƚŚĞĚƌĂŌ͕ƚŚĞŝƚLJŽƵŶĐŝůǁŝůůŚĂǀĞĂŶŽƉƉŽƌƚunity ƚŽƉƌŽǀŝĚĞŝŶƉƵƚĂŶĚĨĞĞĚďĂĐŬƉƌŝŽƌƚŽƚŚĞĮŶĂůŝnjĂƟŽŶŽĨƚŚĞƉůĂŶ͘D/'ĂƐƐƵŵĞƐƚŚĂƚďŽƚŚƉƌĞƐĞŶƚĂƟŽŶƐ will be in-person, with two D/'ƐƚĂīŵĞŵďĞƌƐŝŶĂƩĞŶĚĂŶĐĞ͘
PROCESS SCHEDULE
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MIG, Inc. Consultant and Professional Services Agreement Exhibit A – Attachement 2 - Process Schedule
City of Vallejo I YOUTH NEEDS ASSESSMENT AND STRATEGIC PLAN Hrs@ $235 Hrs@ $150 Hrs@ $155 Hrs@ $175 Hrs@ $110 Hrs@ $130 Hrs@ $120 Task 1: Project Initiation
1.1 Kick-off Meeting with Youth Coordinator (virtual) 2 $470 6 $900 4 $620 0 $0 2 $220 0 $0 0 $0 14 $2,210 $2,210
1.2 Finalize Work Plan 1 $235 4 $600 1 $155 1 $175 0 $0 0 $0 0 $0 7 $1,165 $1,165
1.3 Youth Advisory Board (6 meetings, virtual) 2 $470 24 $3,600 2 $310 1 $175 30 $3,300 0 $0 10 $1,200 69 $9,055 $1,500 $10,555
1.4 Ongoing Project Management (includes up to 12 project coordinat ion meetings, virtual) 1 $235 18 $2,700 0 $0 0 $0 8 $880 0 $0 4 $480 31 $4,295 $4,295 Subtotal 6 $1,410 52 $7,800 7 $1,085 2 $350 40 $4,400 0 $0 14 $1,680 121 $16,725 $1,500 $18,225 Task 2: Youth Needs Assessment
2.1 Key Partner Interviews (up to 10, virtual) 1 $235 20 $3,000 0 $0 0 $0 24 $2,640 0 $0 0 $0 45 $5,875 $5,875
2.2 Focus Groups (8 meetings total, in-person) 1 $235 4 $600 30 $4,650 0 $0 36 $3,960 0 $0 4 $480 75 $9,925 $6,000 $15,925
2.3 Town Hall Meetings (6 meetings, in-person) 2 $470 38 $5,700 0 $0 0 $0 44 $4,840 4 $520 0 $0 88 $11,530 $1,000 $12,530
2.4 Interactive Geo-Based Survey 1 $235 4 $600 0 $0 10 $1,750 6 $660 0 $0 4 $480 25 $3,725 $2,000 $5,725
2.5 Research on Demographic and Population Trends 0 $0 3 $450 0 $0 0 $0 10 $1,100 0 $0 0 $0 13 $1,550 $1,550
2.6 Needs Assessment Document -- Draft and Final 2 $470 8 $1,200 0 $0 1 $175 20 $2,200 0 $0 0 $0 31 $4,045 $4,045 Subtotal 7 $1,645 77 $11,550 30 $4,650 11 $1,925 140 $15,400 4 $520 8 $960 277 $36,650 $9,000 $45,650 Task 3: Strategic Plan Development
3.1 Strategic Planning Process Detailed Plan 1 $235 4 $600 0 $0 1 $175 6 $660 0 $0 0 $0 12 $1,670 $1,670
3.2 Youth Charette (in-person) 2 $470 4 $600 20 $3,100 0 $0 34 $3,740 0 $0 4 $480 64 $8,390 $2,000 $10,390
3.3 Town Hall Meetings (6 meetings, in-person) 2 $470 38 $5,700 0 $0 0 $0 44 $4,840 4 $520 0 $0 88 $11,530 $1,000 $12,530
3.4 Strategic Plan Document -- Draft and Final 2 $470 8 $1,200 4 $620 1 $175 20 $2,200 8 $1,040 0 $0 43 $5,705 $5,705
3.5 Presentation of Strategic Plan to City Council (2 presentations , in-person) 2 $470 16 $2,400 0 $0 0 $0 10 $1,100 2 $260 0 $0 30 $4,230 $227 $4,457 Subtotal 9 $2,115 70 $10,500 24 $3,720 2 $350 114 $12,540 14 $1,820 4 $480 237 $31,525 $3,227 $34,752 22 $5,170 199 $29,850 61 $9,455 15 $2,625 294 $32,340 18 $2,340 26 $3,120 635 $84,900 $13,727 $98,627 10% Markup (Direct Costs/Administrative) $1,373
$100,000
Digital Engagement
Director
Project Associate
Subtotal Professional Time and Costs
Total Project Costs
Principal-in-Charge Project Manager Youth Engagement
Specialist
e s t i m a t e d p r o j e c t c o s t Kate Welty Ramona McCabe Noé Noyola Ryan Mattau
Professional
Fees
Totals
Direct
Costs
MIG Labor
Totals
Graphic Designer Project
Administrator
MIG, Inc. City of Vallejo - Youth Needs Assessment and Strategic Plan | Fee Proposal MIG, Inc. Consultant and Professional Services Agreement Exhibit B – Attachement 1- Estimated Project Costs
RESOLUTION NO. 23- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH MIG, CONSULTING, INC. FOR A YOUTH NEEDS ASSESSMENT AND STRATEGIC
PLANNING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME IN AN AMOUNT NOT TO EXCEED $125,000.
WHEREAS, the City Council voted Youth Development as a multi-year priority to invest in services, resources, and programming to improve youth outcomes and opportunities; and WHEREAS, the City Council established a youth budget setting aside funding for the development of a Youth Strategic Plan; and
WHEREAS, the City of Vallejo sought proposals from qualified applicants to help facilitate and gather data on community needs for youth through a City-Wide Youth Needs Assessment, along with the development of a City of Vallejo Youth Strategic Plan; and WHEREAS, through a competitive process including RFP proposal reviews, evaluations, interviews, reference checks, and a scoring panel, City staff has selected MIG, Inc. as the most qualified consultant to perform a Youth Needs Assessment and Strategic Planning; and WHEREAS, a Youth Strategic Plan Advisory Board, consisting of a diverse group of youth- related service providers, youth advocates, community members and youth residents of Vallejo, will be established to help develop the strategic plan framework; and WHEREAS, the Youth Needs Assessment will be an inclusive, community-wide process that will identify community needs as it relates to youth, emerging themes, current offerings, and gaps in services via focus groups, survey data, key stakeholder interviews and public townhall meetings in each voting district; and
WHEREAS, results of the City-Wide Youth Needs Assessment, expertise from the Youth Strategic Plan Advisory Board, and input from the community will be used to create a City of Vallejo Youth Strategic Plan that will inform decision making and track progress related to community goals and objectives aimed at increasing opportunities, programs, and services for positive youth outcomes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves a Consultant and Professional Services Agreement to MIG, Inc. for youth needs assessment and strategic planning in an amount not to exceed $125,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign said Consultant and Professional Service Agreement with any modifications recommended by the City Attorney and the City Clerk to attest the signing thereof.
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 10, 2023,
with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.F.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Chari Francisco, Administrative Manager
SUBJECT: ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
RECOMMENDATION
Adopt a Resolution approving the City's Substantial Amendment to the HOME Investment Partnerships (HOME) Program American Rescue Plan (HOME-ARP) Allocation Plan for submission to the U. S.
Department of Housing and Urban Development (HUD).
REASONS FOR RECOMMENDATION
The City received $2,213,960 in HOME-ARP funds from HUD to help the City provide housing, shelter, and services for people experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations. To be able to accept and administer HOME-ARP funding, the City was required to submit a HOME-ARP Allocation Plan to HUD. The City submitted its HOME-ARP Allocation Plan in March 2023 and was approved by HUD in May 2023.
The City is currently changing the method for distributing HOME-ARP funds; therefore, it must make a Substantial Amendment to the HOME-ARP Allocation Plan document as required by HUD. The City made the proposed substantial amendment available to the public and provided a 15-day public comment period.
The Substantial Amendment to the HOME-ARP Allocation Plan must be submitted to HUD.
BACKGROUND AND DISCUSSION
The HOME-ARP Allocation Plan defined the proposed use of HOME-ARP grant funds. Prior to drafting the HOME-ARP Allocation Plan, the Housing and Community Development (HCD) Commission held public hearings in order to receive input from the public on possible uses of HOME-ARP funding in Vallejo, and program and service priorities. The City Council approved the proposed HOME-ARP Allocation Plan for submission to HUD. The approved use and allocation of the City’s HOME-ARP funds are as follows:
Below is the City’s HOME-ARP Allocation Plan timeline:
DATE ACTION
4/28/2021 Received HUD Notification Letter for HOME-ARP Funding Allocation 9/22/2021 HUD Released 5% HOME-ARP Funds ($110,698)
ACTIVITY AMOUNT
Development of Affordable Rental Housing $1,881,866
Administration and Planning (Program Administration) – 15% cap 332,094 TOTAL $2,213,960
Date: October 10, 2023
Subject: ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
9/08/2022 First Public Hearing at HCD Commission Special Meeting 11/03/2022 Second Public Hearing at HCD Commission Regular Meeting 12/20/2022 City Council Approval of HOME-ARP Allocation Plan 01/12/2023 HUD HOME-ARP Training for Grantees
3/02/2023 Third Public Hearing at HCD Commission Regular Meeting 3/14/2023 City Council Approval of Revised HOME-ARP Allocation Plan 3/27/2023 Submission of HOME-ARP Allocation Plan to HUD 5/26/2023 Approval of HOME-ARP Allocation Plan by HUD
I. Overview of HOME-ARP
In March 2021, the American Rescue Plan Act was signed into law, which provides over $1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public health, State and local governments, individuals, and businesses. To address the need for homelessness assistance and supportive services, $5 billion of this amount was appropriated to be administered through the HOME Program to perform four activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations.
Eligible Activities and Qualifying Populations
Eligible HOME-ARP activities include:
1. the development and support of affordable housing (rental housing)
2. tenant-based rental assistance (TBRA)
3. provision of supportive services
4. acquisition and development of non-congregate shelter units
HOME-ARP defines Qualifying Populations (QPs) as those that are:
1. homeless
2. at risk of homelessness
3. fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking
4. a part of other populations where providing supportive services or assistance would prevent a family's homelessness, or would serve those with the greatest risk of housing instability; or
5. veterans and families that include a veteran family member that meet the criteria in one of (1) through (4) above.
Use of HOME-ARP Funds to Benefit QPs for Affordable Rental Housing
HUD requires that not less than 70 percent of affordable rental housing units acquired, rehabilitated, or constructed with HOME-ARP funds must be occupied by households in the qualifying populations.
HOME-ARP Minimum Compliance/Restricted Use Periods for Affordable Rental Housing
HOME-ARP-assisted rental units must remain in compliance with the requirements of this program for a minimum of 15 years.
Date: October 10, 2023
Subject: ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
HOME-ARP Program Administration
The City may expend, for the payment of reasonable administrative and planning costs, up to 15 percent of its HOME-ARP funding allocation. The City’s HOME Program allows up to 10 percent for program administration.
II. Substantial Amendment to the HOME-ARP Allocation Plan
A Substantial Amendment to the HOME-ARP Allocation Plan is required if:
• A participating jurisdiction changes the method of distributing funds • To carry out an activity not previously described in the plan • To change the purpose, scope, location, or beneficiaries of an activity • To add new preferences not previously described in the plan
A Substantial Amendment is not required to describe individual projects if the eligible activity is included in the plan.
HOME-ARP Activities
The City is proposing to change the method for distributing its HOME-ARP funds. Instead of using a Request for Qualifications (RFQ) and/or Request for Proposal (RFP) process with an established ranking criterion, the City has selected Firm Foundation Community (FFC) Housing, a non-profit developer, to use the HOME-ARP funds to develop and build a permanent supportive affordable rental housing project in the City.
Firm Foundation Community Housing and the City of Vallejo are co-grantees of the Broadway Village Project, a State Homekey Grant Project, that is currently under construction. The City plans on using its HOME-ARP allocation to provide additional funding for construction.
As a result, the City will not directly administer the specific HOME-ARP eligible activity as the City has selected an owner/developer for the development of an affordable rental housing project. However, the City will still provide oversight and management of the HOME-ARP funds.
HOME-ARP Housing Production Goals
In the approved Allocation Plan, the City estimated that 14 affordable rental housing units out of a total of 45 units will be developed using 85 percent of its HOME-ARP funds.
FFC Housing will produce 47 affordable rental housing units at the Broadway Village Project, which will, upon completion, include supportive services and permanent housing to fulfill the priority need for affordable housing identified by the community. Based on FFCH’s average per unit investment of $485,834 and the City’s HOME-ARP funding allocation to the activity of $1,881,866, it is estimated that up to four HOME-ARP affordable rental units of the 47 units will be produced.
The table below shows the difference between the allocation of HOME-ARP affordable rental housing units in the approved Allocation Plan and in the Substantial Amendment:
AFFORDABLE RENTAL HOUSING UNITS APPROVED AMENDED
Date: October 10, 2023
Subject: ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
Non-HOME-ARP Units (for Homeless Persons, or
Those at Risk of Homelessness)
31 43
HOME-ARP Units (for All Qualifying
Populations)
14 4
TOTAL 45 47
The City’s HOME-ARP funding will be allocated to four units for Qualifying Populations, as defined in the HOME-ARP Guidance, for a minimum of 15 years. The remainder of the rental units in the Broadway Village Project will be produced by other funding sources and will be occupied by persons who are eligible for affordable housing. The City and FFC Housing have leveraged several funding sources, but have a construction gap, that the HOME-ARP funding would close to meet the goals for establishing 47 affordable rental housing units.
The City’s proposed HOME-ARP Production Goal is consistent with previous and recent Point-in-Time Count, Consolidated Plan, and survey data and would address the City’s goal of addressing homelessness, affordable housing, and enhancing associated services. The City will work with the Coordinated Entry Provider of Solano County, Resource Connect Solano, to place qualifying populations in permanent housing with supportive services.
The Substantial Amendment to the HOME-ARP Allocation Plan document was made available to the public on September 13, 2023, on the City’s webpage and in the Housing and Community Development Department office. Public notices in English, Spanish, and Tagalog were published in the Vallejo Times Herald on the same day. The public notices included information on the required 15-day public comment period (September 13, 2023 – September 28, 2023) and a scheduled public hearing on September 28, 2023, at the HCD Commission special meeting. Due to lack of a quorum on September 28, 2023, the public hearing is being held at the October 5th regular meeting of the HCD Commission. (The Brown Act allows less than a quorum to adjourn the meeting for lack of a quorum to a date and time certain, in which case re-noticing of the public hearing is not required.)
FISCAL IMPACT
If approved, the City Council's action will approve the Substantial Amendment to the HOME-ARP Allocation Plan. There is no change in the allocation of $2,213,960 in federal funds to projects and activities for HOME- ARP funds; therefore, there is no fiscal impact. There is also no effect to the City’s General Fund associated with this item as these are federal funds.
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. Resolution Approving the Substantial Amendment to the HOME-ARP Allocation Plan CAO stamp
2. Substantial Amendment to the HOME-ARP Allocation Plan 9-13-2023
3. Public Notices - Public Hearing Re: Substantial Amendment to the HOME-ARP Allocation Plan
CONTACT
Date: October 10, 2023
Subject: ADOPTION OF A RESOLUTION APPROVING THE AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
Gillian Hayes, Assistant City Manager (707) 648-4163
[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 APPROVE THE CITY OF VALLEJO’S SUBSTANTIAL AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS (“HOME”) PROGRAM AMERICAN RESCUE PLAN (HOME-ARP)
ALLOCATION PLAN FOR SUBMITTAL TO THE
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, HUD notified the City that it was eligible to receive federal HOME Investment Partnerships Program American Rescue Plan (HOME-ARP) funds in the amount of $2,213,960; and
WHEREAS, as a condition of receiving HOME-ARP funds, the City was required to prepare and submit an Allocation Plan to the Department of Housing and Urban Development (HUD), which will include a HOME-ARP Allocation Plan; and
WHEREAS, HOME-ARP funds may be used by the City only to provide housing, shelter, and services for people experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations; and
WHEREAS, after consultation, an initial public hearing was held by the Housing and Community Development (HCD) Commission on September 8, 2022, following a written comment period beginning August 19, 2022 and ending September 8, 2022 concerning the HOME-ARP Allocation Plan; and
WHEREAS, on November 3, 2022, the HCD Commission held a second public hearing to receive input from the public on the draft HOME-ARP Allocation Plan; and WHEREAS, the City invited written comments on the draft HOME-ARP Allocation Plan beginning October 20, 2022 and ending November 3, 2022; and
WHEREAS, after the November 3, 2022 HOME-ARP public hearing, the HCD Commission recommended the adoption of a Substantial Amendment to the FY 2021-22 Annual Action Plan, to include the allocation of HOME-ARP funds to projects and activities as shown in the HOME- ARP Allocation Plan, by the Council of the City of Vallejo; and WHEREAS, on December 20, 2022, the Vallejo City Council reviewed and approved the draft HOME-ARP Allocation Plan as presented, for submission to HUD; and WHEREAS, in January, 2023, staff attended a HOME-ARP training sponsored by HUD, and received additional guidance from HUD officials on HOME-ARP Program requirements, and HUD provided comments on the City’s draft HOME-ARP Allocation Plan; and WHEREAS, as a result of receiving input from HUD, staff has drafted a revised HOME-ARP Allocation Plan dated February 15, 2023, and has invited written comments on the revised Plan beginning February 16, 2023 and ending March 2, 2023; and WHEREAS, on March 14, 2023, the Vallejo City Council reviewed and approved the revised draft HOME-ARP Allocation Plan as presented, for submission to HUD; and WHEREAS, on March 27, 2023, the City submitted the revised draft HOME-ARP Allocation Plan to HUD; and on May 26, 2023, HUD notified the City that its HOME-ARP Allocation Plan was approved; and
WHEREAS, as a result of changing the method of distributing HOME-ARP funds as described in the approved HOME-ARP Allocation Plan, staff has drafted a Substantial Amendment to the HOME-ARP Allocation Plan dated September 13, 2023, and has invited written comments on the Substantial Amendment to the Plan beginning September 13, 2023 and ending September 28, 2023; and
WHEREAS, on October 5, 2023, the HCD Commission held a public hearing to receive input from the public on the Substantial Amendment to the HOME-ARP Allocation Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Vallejo approves the FY 2021-22 Annual Action Plan Substantial Amendment, as shown in Attachment 2 of the Staff Report dated March 14, 2023.
Section 2. Notwithstanding any provision of the award of funds as described in the Staff Report, the City Council of the City of Vallejo by this action acknowledges that these funding allocations do not constitute a commitment of funds or project site approvals, and that such commitment of funds or approvals may occur only upon satisfactory completion of environmental reviews under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), and receipt by the City as applicable of an Authority to Use Grant Funds from HUD under 24 CFR § 58.
Section 3. The provision of any HOME-ARP funds to projects as described in the Staff Report is conditioned on the City’s determination to proceed with, modify, or cancel any activity based on the results of subsequent environmental reviews, as applicable.
Section 4. Notwithstanding the reservation of funds as described in the Staff Report, the City, and subrecipient agencies and contractors of the City receiving HOME-ARP funds will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair, or construction prior to environmental clearance, and that the violation of this provision may result in the denial by HUD of the use of any HOME-ARP funds by the City under the HOME-ARP Program grant.
Section 5. The City Manager, or either of his designees, the Assistant City Manager, and the Housing and Community Development Program Manager, are hereby authorized to prepare and submit to HUD the City’s FY 2021-22 Annual Action Plan Substantial Amendment, and any related applications or documents, and any amendments or corrections to such applications and documents, as may be required by HUD.
Section 6. The City Manager or either of his designees are hereby authorized to make adjustments and revisions to funding allocations in the event that the amount of HOME-ARP funds provided to the City is revised by HUD, in a not to exceed amount of $100,000.
Section 7. The City Manager or either of his designees are hereby authorized to prepare and execute written Agreements and Amendments as may be required with subrecipient and nonprofit agencies receiving HOME-ARP funding allocations.
Section 8. The City Manager or either of his designees are hereby authorized to prepare and issue Requests for Qualifications and Requests for Proposals for HOME-ARP projects and activities, as may be required by the City of Vallejo or HUD.
Adopted by the Council of the City of Vallejo at a regular meeting held on October 10, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
___________________________________
DAWN G. ABRAHAMSON, CITY CLERK
1 Substantial Amendment to the
City of Vallejo HOME-ARP Allocation Plan
Participating Jurisdiction (PJ): Vallejo, CA Date: September 13, 2023
Background
The American Rescue Plan (ARP) Act appropriated $5 billion to help communities by providing housing, shelter, and services for people experiencing homelessness and other qualifying populations through the HOME Investment Partnerships (HOME) Program. This one-time funding creates a significant opportunity to meet the housing and service needs of the City of Vallejo’s most vulnerable populations.
On April 28, 2021, the City was awarded F iscal Year 2021 HOME-ARP funds in the amount of $2,213,960. These funds must be used to assist qualifying individuals or families meeting the following criteria: homeless; at risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; other populations where providing assistance would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; and veterans and families that include a veteran family member that meet one of the preceding criteria.
HOME-ARP funds may be used for only four eligible activities, including:
- development and support of affordable housing;
- tenant-based rental assistance;
- provision of supportive services; and
- acquisition and development of non-congregate shelter units.
The Housing and Community Development (HCD) Departm ent is responsible for the administration of HOME-ARP.
In accordance with the regulations governing the HOME-ARP Program, funds must be used to benefit a qualifying population (QP). There are four eligible QPs.
• Homeless, as defined in 24 CFR 91.5 – (1), (2), (3);
2 • At Risk of Homelessness, (24 CFR 91.5);
• Domestic Violence/Sexual Assault/Trafficking:
o Domestic Violence/Dating Violence/Sexual Assault/Stalking (24 CFR
5.2003);
o Human Trafficking (Trafficking Victims Protection Act of 2000); • Other Populations where providing supportive services or assistance would prevent the family’s homelessness or would serve those with the greatest risk of housing instability;
• Veterans and families that include a veteran family member that meet one of the preceding criteria.
This Substantial Amendment to the HOME-ARP Allocation Plan is required due to the City of Vallej o’s decision to change its method for allocating its HOME - ARP funds (see page 23) Changes are underlined, italicized and in bold text.
Consultation
The City identified public and non-profit agencies providing services and programs to qualifying populations in the area. T he City disseminated a community partner survey about housing-related needs and priority groups through SurveyMonkey on October 4, 2022. A link to the survey was sent to 33 community partners and stakeholder organizations, and ten responses were received by the deadline of close of business on October 11, 2022. Subsequently, in order to ensure agencies from all qualifying populations were represented, the City reached out by phone and email to agencies who did not respond the first time to receive their survey feedback. The City then interviewed specific agencies for further details about the qualifying populations they served.
A couple of non -profit organizations have been added to the list. The survey and interview responses received by the City are summarized below.
List of Organizations Consulted and Summary of Feedback Received Agency/Org Type of
Agency/Org
QPs Served Method of
Consultation
Feedback
Community
Action
Partnership
Continuum of
Care
Homeless, At-
Risk of
Homelessness,
Survey Creating affordable
housing is the highest
priority, and subsidized
3 (CAP) of
Solano, Joint
Powers
Authority
(JPA)
Fleeing
Domestic
Violence/Sexual
Assault/Human
Trafficking,
Other
Populations,
and Veterans
CoC also
addresses the
needs of
persons with
disabilities
rental assistance was
second.
Adults coping with
behavioral/mental health,
chronically
homeless/unhoused, and
low-income elderly were
identified as most in
need of services.
Chronically
homeless/unhoused,
families with minor
children, and youth
transitioning out of foster
care were identified as
most need of affordable
housing.
Fair Housing
Advocates of
Northern CA
Organization
addressing
fair housing
Homeless, At-
Risk of
Homelessness,
Fleeing
Domestic
Violence/Sexual
Assault/Human
Trafficking,
Other
Populations,
and Veterans
Addresses fair
housing, civil
rights, and the
needs of
persons with
disabilities
Interview Majority of fair housing
complaints have come
from persons with
disabilities, and second is
source of income.
Persons with disabilities
specifically around
mental health issues have
been on the rise.
Advocating for more
housing-related
supportive programs for
persons with disabilities.
Agency has been
advocating to prevent
evictions and part of
strategy is agreements
for clients to utilize
resources and programs.
CA Fair Employment
and Housing Act lists
Section 8 vouchers as
source of income and is
now protected, but many
tenants and landlords are
not aware.
Fighting Back
Partnership
Non-profit
organization
serving
Domestic
Violence/
Survey and
Interview
Creating affordable
housing is highest
priority, and
4 families with
minor
children
Sexual Assault/
Human
Trafficking, and
Other
Populations
development of non-
congregate shelter was
second.
Chronically
homeless/unhoused,
families with minor
children, and low-income
elderly were identified as
most in need of services.
Chronically
homeless/unhoused,
families with minor
children, and persons
fleeing domestic
violence or trafficking
were identified as most
in need of housing.
Firm
Foundation
Community
Housing
Non-profit
organization
Homeless, At-
Risk of
Homelessness
Firm Foundation
Community Housing
(FFCH) is a non-profit
developer. Its mission is
to end involuntary
homelessness and
create real solutions to
the housing crisis.
Legal Services
of Northern
California
Organization
addressing
civil rights
Homeless, At-
Risk of
Homelessness,
Fleeing
Domestic
Violence/Sexual
Assault/Human
Trafficking,
Other
Populations,
and Veterans
Addresses civil
rights
Survey Non-responsive
Napa-Solano
Area Agency
on Aging
Non-profit
organization
serving low-
income
elderly
Other
Populations
Survey Creating affordable
housing the highest
priority, and case
management is the
second highest priority.
Adults coping with
behavioral/mental health,
chronically
5 homeless/unhoused, and
low-income elderly were
identified as the most in
need of services and
affordable housing.
Nation’s Finest
– Vallejo
Non-profit
organization
serving
veterans
Veterans Survey Non-responsive
Northern CA
Veterans
Affairs Health
Care System
Public agency
serving
veterans
housed and
unhoused
Veterans Survey and
Interview
Preserving affordable
housing is the highest
priority, and creating
affordable housing is the
second.
Would like to be more
aware of efforts or
marketing of programs
for non-HUD-VASH
veterans.
Would like to collaborate
in finding housing for
Veterans with HUD
VASH voucher. Also
would like to see
Payment Standards
increase to assist in
housing search.
SafeQuest
Solano
Non-profit
organization
serving
victims of
domestic
violence,
abuse
Fleeing
Domestic
Violence/Sexual
Assault/Human
Trafficking
Survey and
Interview
Non-responsive
Shelter, Inc.
Non-profit
organization
Homeless, At-
Risk of
Homelessness
Shelter, Inc. is a
dedicated to preventing
and ending
homelessness for low-
income, homeless, and
disadvantaged families
and individuals by
providing housing,
services, support, and
resources that lead to
self-sufficiency.
Shelter, Inc. provides
services and programs,
including eviction
6 prevention, COVID
rental assistance,
interim housing, long-
term housing, and low-
income housing. This
includes a range of
supportive services for
participants, such as
case management and
employment assistance.
Solano County
Behavioral
Health
Public agency
serving adults
coping with
behavioral/
mental health
Other
Populations
Survey Creating affordable
housing is highest
priority, and like skills
training was second.
Adults 60+ with chronic
health conditions were
identified as most in
need of services.
Low-income elderly and
adults 60+ were
identified as most in
need of housing.
Solano County
Employment
and Eligibility
Services
Public agency
serving
chronically
homeless/
unhoused
Homeless and
At Risk of
Homelessness
Survey Creating affordable
housing is the highest
priority, and preserving
affordable housing was
second.
Chronically
homeless/unhoused,
families with minor
children, and youth
transitioning out of foster
care were identified as
most in need of services.
Adults coping with
behavioral/mental health,
chronically
homeless/unhoused, and
families with minor
children were identified
as most in need of
affordable housing.
Solano County
Foster Care
Public agency
serving youth
transitioning/
aging out of
foster care
Other
Populations
Survey Creating affordable
housing is the highest
priority, and preserving
affordable housing is the
second.
7 Families with minor
children, low-income
elderly, and youth
transitioning out of foster
care were identified as
the most in need of
services and affordable
housing.
Solano County
Probation –
Supervisor
Public agency
serving adults
coping with
behavioral/
mental health
Other
Populations
Survey Creating affordable
housing is the highest
priority, and subsidized
rental assistance is
second.
Adults coping with
behavioral/mental health,
chronically
homeless/unhoused, and
families with minor
children were identified
as most in need of
services.
Adults coping with
behavioral/mental health,
families with minor
children, and low-income
elderly were identified as
the most in need of
affordable housing.
Solano County
Probation –
Social Worker
Public agency
serving adults
coping with
behavioral/
mental health
Other
Populations
Survey Case management
services for QP’s is the
highest need, and
creating affordable
Housing is the second
highest need.
Chronically
homeless/unhoused, low-
income elderly, and
persons fleeing domestic
violence or trafficking
were identified as most
in need of services.
Adults coping with
behavioral/mental health,
chronically
homeless/unhoused, and
families with minor
8 children were identified
as most in need of
housing.
Solano Dream
Center/
Transformation
Village
Non-profit
organization
with homeless
shelter serving
chronically
homeless/
unhoused
Homeless Survey Preserving affordable
housing is the highest
priority.
Chronically
homeless/unhoused,
families with minor
children, and youth
transitioning out of foster
care were identified as
most in need of services.
Chronically
homeless/unhoused,
families with minor
children, and low-income
elderly were identified as
most in need of
affordable housing.
Solano Family
Justice Center
Public agency
serving
victims of
child abuse,
domestic
violence, elder
abuse
Domestic
Violence/
Sexual Assault/
Human
Trafficking
Interview Inadequate
services/programs for
persons fleeing domestic
violence or human
trafficking in Vallejo;
Although there are
services in Solano
County for domestic
violence, there are few
places localized in
Vallejo and readily
accessible. There can be
a delay in funding,
transportation, and
space/availability for
individuals fleeing in an
emergency status. In
addition, undocumented
individuals have a more
difficult time accessing
these services.
For human trafficking –
There is a lot of
discussion within service
providers in regard to
what human trafficking
9 is but the services are not
easily identified and
navigated by the
individual who may need
the assistance.
An accessible emergency
response is needed for
individuals who need to
flee immediately.
Housing support and
after care is needed for
domestic violence
survivors that have
already fled. Immediate
funding and basic needs
are not always available
as well as mental health
support. Furthermore,
people who have
children need additional
support in other areas.
Vacancy in shelters and
transitional housing is
impacted because of full
capacity. Shelter, safe
houses, and staffing are
limited, which makes the
services not available at
the time of need.
The Arc
Solano, Inc.
Non-profit
organization
serving
persons with
developmental
disabilities
Other
Populations
Addresses
needs of
persons with
disabilities
Survey and
Interview
Non-responsive
Vallejo
Housing
Authority
Public agency
administering
Section 8
including
VASH
Homeless, At
risk of
homelessness,
Other
Populations,
and Veterans
Addresses the
needs of
Survey Creating affordable
housing is the highest
priority, and subsidized
rental assistance is
second.
Affordable housing in
neighborhoods that
otherwise may not be
accessible is beneficial to
low-income families.
10 persons with
disabilities
Voucher utilization rate
of 63% even with an
increase in Payment
Standards; not enough
affordable units.
Vallejo Senior
Citizens’
Council
Non-profit
organization
serving very
low-income
elderly
Other
Populations
Survey Case management
services for QP’s is
highest priority.
Low-income elderly,
persons fleeing domestic
violence or trafficking,
and youth transitioning
out of foster care were
identified as most in
need of services.
Low-income elderly,
persons fleeing domestic
violence or trafficking,
and veterans were
identified as most in
need of housing.
Public Participation
The City of Vallejo held an initial public hearing on the HOME-ARP Program prior to its drafting of a HOME- ARP Allocation Plan on Thursday, September 8, 2022, during a special meeting of the City’s Housing and Community Development (HCD) Commission. During the initial HOME- ARP public hearing, staff presented an overview of the HOME-ARP Program, the funding amount for Vallejo, and eligible uses of funding. The City also accepted written comments on the development of the HOME-ARP Allocation Plan beginning August 18, 2022, through September 8, 2022. No public comments were received at the September 8 th public hearing, and no comments were submitted during the written comment period.
A second public hearing to receive comments on the draft HOME-ARP Allocation Plan was held on Thursday, November 3, 2022, during a regular meeting of the City’s HCD Commission. Residents and other interested parties were offered the opportunity to comment on the greatest housing needs in Vallejo, review proposed HOME-ARP eligible activities, and comment on the best use of HOME- ARP funding in the community. Written comments were also accepted beginning October 11 20, 2022, through November 3, 2022. No comments were received during the November 3rd public hearing or during the second written comment period.
In an effort broaden public participation, a third comment period was offered beginning February 15, 2023, through March 2, 2023. On February 16, 2023, the City reached out to the Vallejo Homeless Roundtable requesting time at their next regular meeting to inform community p artners about the HOME- ARP Plan and comment period; the representative did not respond. On February 28, 2023, and March 1, 2023, the City placed public notices at the City-sponsored “Warming Shelters” for unhoused persons which were made available during times of inclement weather. An HCD staff person was also present at the “Warming Shelter” both nights to explain the draft HOME- ARP Allocation Plan to patrons and volunteers. A t the third and final public hearing during a regular meeting of the City’s HCD Commission on Thursday, March 2, 2023, residents and other interested parties were offered the opportunity to comment on the draft HOME- ARP Allocation Plan. No comments were received during the final comment peri od or during the March 2nd public hearing.
The City changed the method for distributing its HOME-ARP funds, therefore this Substantial Amendment to the Allocation Plan was required. The proposed substantial amendment was made available to the public on September 13, 2023, in City’s webpage and the Housing and Community Development Department office. Public notices in English, Spanish, and Tagalog were published in Vallejo Times Herald. The public notices included information on the required 15-day public comment period and scheduled public hearing on September 28, 2023.
It is the policy of the City of Vallejo that no person shall be subjected to discrimination based on race, color, gender, marital status, sexual orientation, national origin, age, disability, or any other protected classification as defined by applicable law. The City provided contact information for persons needing auxiliary aids and services, with instructions on how to activate the needed services, during the HOME-ARP public hearings. The October 20 public notice placed on the City website and published in the local newspaper, the Vallejo Times-Herald, regarding the November 3, 2022 public hearing on the draft HOME-ARP Allocation Plan was made available in English, Spanish, and Tagalog. The February 15 public notice published in the Vallejo Times-Herald regarding the March 2nd public hearing on the 12 draft HOME- ARP Allocation Plan was made available in English, Spanish, and Tagalog.
Needs Assessment and Gaps Analysis
The City’s HCD Department utilized two main sources of data to identify and estimate the needs in the City: (1) the results of a Solano County Continuum of Care Homeless Point in Time (PIT) Count conducted on February 23, 2022, and released by CAP Solano JPA in September, 2022, and November, 2022; and (2) data on and estimates of homelessness in Vallejo as cited in the City’s current Five Year Consolidated Plan, 2020-24, (or the period beginning July 1, 2020 and ending June 30, 2025), and based in part on a PIT Count conducted in January, 2019.
February, 2022 PIT Count
The HCD Department evaluated the size and demographic composition in the County of Solano within its shelter system, as well as homeless persons who were unsheltered, based on data available from the most recent CAP Solano JPA PIT Count conducted in February 2022, which was a community -wide effort. The February, 2022 PIT Count identified that 920 out of 1,179 persons experiencing homelessness in Solano County were unsheltered, or 78 percent. The unsheltered population in 2022 is an increase of 28 persons from the PIT Count in 2019, which showed 1,151 persons in Solano County were unsheltered.
According to the Solano County PIT Count in 2022, 51.2 percent were White, 33.2 percent of the homeless population were black or African American, 5 percent were Native Hawaiian or Pacific Islanders, 1.7 percent were American Indian or Native Alaskan, 1.1 percent were Asian or Asian American, and 7.7 percent were multiple races. Additionally, the Solano County PIT Count estimated 18.6 percent of the persons experiencing homelessness as Hispanic or Latino. These figures for race and ethnicity were not broken down by city.
13 In Vallejo, the 2022 PIT Count data showed that 454 persons, or 38.5 percent of the County total, were homeless, with 435 of these persons (95.8 percen t of Vallejo’s homeless) unsheltered.
Among the qualifying populations identified in the 2022 PIT Count on a County - wide basis, three percent were veterans, six percent were unaccompanied youth, and five percent were domestic violence survivors.
The loss of a job or reduced work hours was the most frequent response regarding the event leading to homelessness. The percentages are shown below.
- Lost job and/or reduced work hours (15%)
- Eviction (12%)
51.2%33.2%
5.0%
1.7% 1.1% 7.7%
PIT Count Population by Race
White Black
Native Hawaiian/Pacific Islander American Indian/Native Alaskan Asian or Asian American Multiple Races
18.60%
81.40%
PIT Count Population by Ethnicity
Hispanic/Latina/o/x Non-Hispanic/Latina/o/x
14 - Physical or mental health-related (12%)
- Divorce or break up (7%)
- Alcohol or drug use (6%)
- Asked to leave by friends or family (6%)
Consolidated Plan, 2020-24
The Consolidated Plan states that according to a PIT Count conducted in January, 2019, on any given night, there were an estimated 638 homeless persons in Vallejo, 549 of whom were unsheltered. This means that in 2019, Vallejo had a high ratio of unsheltered versus sheltered clients, (six to one).
Housing Instability in Vallejo
The Vallejo Housing Authority (VHA) currently is allocated 2,267 Housing Choice Vouchers from the U.S. Department of Housing and Urban Development (HUD).
Of this amount, 1,443 Vouchers are being utilized, (leased up). This discrepancy is due to the tight rental housing market (a low vacancy rate), and other factors.
However, as of October 19, 2022, 2,319 applicants were on the VHA waiting list.
The VHA is currently working toward re-opening its waiting list in the first quarter of 2023.
Describe the Size and Demographic Composition of Qualifying Populations Within the PJ’s Boundaries
Homeless as defined in 24 CFR 91.5
Since 2017 in particular, the City of Vallejo has experienced an increase in its homeless population, which was further exacerbated by the COVID -19 pandemic and associated economic shift. As state d earlier, the February 2022 PIT Count results show that of the 1,179 homeless persons in Solano County, 920 were unsheltered. Along with data available from the 2022 PIT Count and the City’s current Consolidated Plan, the City conducted a survey of stakeholders and service providers in Vallejo. While the respon se rate was less than 50 percent, all respondents indicated that addressing homelessness, affordable housing, and enhancing associated services, were high priority needs. The needs identified ranged from production of affordable housing, to increased rental assistance, development of non-congregate shelter, and case management.
15 Based on the 2020 Census, Vallejo’s population, at 126,090 persons, represents 27.8 percent of the County’s population, yet 38.5 percent of the homeless persons documented in the February 2022 PIT Count were in Vallejo.
In Solano County, data available for homeless persons either staying in shelters or living on the streets collected through the February 2022 PIT Count indicated that individuals ages age 25-55 represented 72.3 percent of the homeless count, and persons over 55 years of age were 22 percent of the count. Females represented 32.8 percent of the homeless count, males represented 65.4 percent, and transgender persons represented less than one percent.
At risk of homelessness as defined in 24 CFR 91.5
According to the U.S. Census, 11 percent of Vallejo’s population were living in poverty in 2021. The Census Bureau defines poverty as a family’s total income which is less than the family’s threshold. The official poverty thresholds do not vary geographically, but they are updated for inflation using Consumer Price Index.
In February of 2023, the Vallejo Housing Authority reported that 468 of the 1437 families (32 percent) utilizing housing vouchers had extremely low income which is defined by HUD as below 30 percent of the median family income for the area. The voucher subsidy is paid directly to property owners and managers on a family’s behalf and reduces the housing hardships for participants. This is especially critical during this tight rental housing market in Vallejo.
Fleeing/attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking as defined in VAWA Regulation 24 CFR 5.2003, except human trafficking definition from Trafficking Victims Protection Act of 2000
Fighting Back Partnership, a non-profit organization in Vallejo which has a Family Resource Center that provides supportive services and referrals for families with basic needs, informed the City that they receive between two and five calls relating to domestic violence issues per week. O f the approximately 80 families on their Family and the Road to Resilience Program, six have reported they were victims of domestic violence.
Fighting Back Partnership reported that they don’t receive many calls or walk -ins about human trafficking, but it happens on occasion. Due to the infrequency, those 16 statistics were not being tracked. Fighting Back Partnership staff did acknowledge that it exists in the community either through prostitution or through manual labor when it comes to undocumented persons. Being adequately trained to identify persons who have been trafficked and how to refer them to the proper services was identified as a need.
The Solano Family Justice Center , under the Solano County Office of Family Violence Prevention, reported 110 clients were served in January and February of 2023. 55 clients were assigned to social workers, and of that number, 29 reported that they were from Vallejo. 23 clients in the County requested housing assistance during that same time period.
SafeQuest Solano, Inc., a crisis shelter and advocacy group for those affected by domestic violence and sexual assault, did not return the City’s requests for a survey response or interview.
Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD.
Foster Youth
The Solano County Office of Education reported 450 students are in the foster care system. According to the Vallejo City Unified School District (VCUSD), 91 foster students (minors) have been identified. After they turn 18 years old, foster youth may choose to enter a voluntary program with Solano County Social Services.
Solano County Social Services reported that 57 foster youths between 18 and 21 years old are currently in their care with approximately 20 clients living in Vallejo.
Because the youth, ages 18 to 21, can live wherever they want, many of the current Solano County foster clients chose to live in another county or state due to the lack of affordable housing. Both VCUSD and Solano County emphasized that their own numbers are likely underreported because there are foster students and youth that come from and are under the care of other jurisdictions as well.
Persons with Disabilities
The Vallejo Housing Authority reported 739 of the 1,443 assisted families on the Housing Choice Voucher Program were participants whose head of household, co- head of household, or spouse was verified as a person with at least one disability as 17 defined by the U.S. Housing Act. 12 of the 32 newly admitted families (38 percent) in 2022 were designated as disabled households.
The Arc Solano, Inc., a non-profit organization serving persons with developmental disabilities, did not return the City’s requests for a survey response or interview.
Veterans
HUD allotted 81 HUD -Veterans Affairs Supportive Housing (HUD- VASH) vouchers to the Vallejo Housing Authority. 50 percent of the HUD-VASH vouchers are currently being utilized as of February 2023 , and of that , approximately 75 percent are elderly or disabled. These statistics are tracked separately from the Housing Choice Voucher Program. In 2022, the Department of Veterans Affairs referred 15 veteran applicants to the Vallejo Housing Authority and all 15 veteran applicants were eligible to receive voucher assistance. However, only four have been able to utilize their voucher assistance by finding a unit and executing a lease agreement.
Identify and Consider the Current Re sources Available to Assist Qualifying Populations, Including Congregate and Non -Congregate Shelter Units, Supportive Services, TBRA, and Affordable and Permanent Supportive Rental Housing
Shelter Inventory in Vallejo/
Solano County Number of Sites Number of Beds Total
Congregate Homeless Shelters
1 (and 1 in pre-construction)
85 (and 125 in pre-construction)
Transitional Housing 5 52
Domestic Violence Housing At least 1 unknown
Housing Inventory in Vallejo Number of Sites Number of Units Total Permanent Supportive Housing (2 under construction) (121 under construction) Affordable Housing Complexes 12 1327
The City supports various services for qualifying populations . The City provides Community Development Block Grant (CDBG) Program social services funding for supportive services for homeless persons through the Global Center for Success and The House of Acts , the latter having separate sober living residential facilit ies for men and women . The City’s HOME Investment Pa rtnerships (HOME) Program 18 Tenant-Based Rental Assistance (TBRA) funds are used to provide rental assistance for homeless persons and those at risk of homelessness . Using HOME Program funds, in recent years the City has also invested nearly $2.2 million in the development of a 74 -unit permanent housing project, with supportive services, for homeless individuals and families, known as Blue Oak Landing. The City has also budgeted CDBG Program funds for the establishment of a Homeless Navigation Center, which is scheduled to be completed during the life of the current Consolidated Plan. The City receives nearly $1.8 million annually in combined Entitlement funding (CDBG and HOME), the majority of which is used to support the development of affordable housing through activities such as new construction and Community Housing Development Organization (CHDO) projects.
When consulting community partners, there is a consensus of at least one operating safe house for persons fleeing domestic violence, sexual assault, or human trafficking with Vallejo city limits.
Describe the Unmet Housing and Service Needs of Qualifying Populations
Findings from the data analysis of the Solano County PIT Count conducted in February 2022 show that there were 920 persons that were unsheltered homeless.
Of the 920 unsheltered homeless, 435 (47.3 percent) were in Vallejo. This indicates that there is a need for expanded shelter, transitional, and in particular permanent housing with a supportive services capacity.
In October of 2022, t he Vallejo Housing Authority reported 1 ,443 of the 2, 267 Housing Choice Vouchers were being utilized and over 2,000 applicants were on the waiting lists. Similarly, the HUD- VASH Program was using 40 out of 81 allotted vouchers. The Housing Authority Supervisor stated that the Payment Standards, which determines the amount of subsidy for a voucher holder, was increased to the maximum of 120 percent of the fair market rent in June of 2022. This reveals that subsidized rental assistance is readily available, but the need continues to go unmet largely due to the low vacancy rate. The HUD-VASH Supervisor from the Northern California Veterans Affairs Health Care System expressed their desire to look for new housing opportunities and collaboration so the VASH Voucher Program could be better utilized.
19 In an interview with the Solano Family Justice Center and the non-profit organization Fighting Back Partnership, it was stated that services and shelters for persons fleeing domestic violence, sexual assault, and human trafficking are not readily accessible because there are so few that are localized in Vallejo. There may be delays due to a limited number of beds, funding, and/or transportation.
Furthermore, services are being offered to persons fleeing human trafficking, but they are not easily accessed by individuals needing it because the services are not well known.
The City’s HOME -ARP survey results from current providers and stakeholders identify the need for: (1) creating more affordable housing for all qualifying populations, and (2) case management, especially for families with minor children, chronically homeless and unhoused persons, and youth transitioning/aging out of foster care.
Identify Any Gaps Within the Current Shelter and Housing Inventory , and Within the Service Delivery System
There is currently one emergency family shelter in Vallejo, Christian Help Center (a faith-based facility that is not low barrier), and now known as Transformation Village, with 85 beds for single men, women and their children. Based on the City’s HOME-ARP survey responses, it is reasonable to conclude that non-co ngregate shelter for single adults is a priority need. Supportive services for this population is a co-existing need, as many suffer from either substance addiction or mental health challenges, especially persons who are unsheltered. Sin ce 2017, t here has been a steady growth in the number of persons in this group experiencing homelessness, particularly single adult males.
The results of the data from the 2022 PIT Count further indicate there is a significant gap in available shelter beds. This P IT Count revealed that there 1,179 homeless persons in Solano County on any given night, and 78 percent were unsheltered, a four to one ratio.
There is at least one domestic violence shelter within Vallejo city limits, but knowing the procedures on how to access services is not well known amongst the social service agencies. Furthermore, SafeQuest Solano, Inc., based in the neighboring city of Fairfield, is the main Solano County domestic violence advocacy group and 20 shelter, but anecdotes from other agencies and their clients suggest a communication gap.
Identify the Characteristics of Housing Associated with Instability and an Increased Risk of Homelessness, I f the PJ Will Include Such Conditions in its Definitions of “Other Populations” as Established in the HOME-ARP Notice
The City conducted a HOME-ARP survey of non-profits and government agencies currently providing services to qualifying populations as defined in the HOME-ARP Notice. Of the 12 respondents, when asked to rank eight group s that are most in need of affordable housing, eight indicated families with minor children, seven identified chronically homeless/unhoused, six indicated low- income elderly, and five identified adults coping with behavioral/mental health issues. Responses to the survey showed that it is challenging for providers to assist a homeless family with finding housing for several reasons, which range from inadequate shelter beds to the prohibitive cost of rents on the open housing market. A challenge with serving the single adult homeless population is that there is typically a co -existing condition, such as substance abuse or mental illness.
Identify Priority Needs for Qualifying Populations
The City’s HOME-ARP Survey asked non-profit and government agencies working with Qualifying Populations which of the eight HOME- ARP eligible activities.
Their options were: case management services; creating affordable housing; development of non -congregate shelter, financial costs of rental applications, security deposits, utility deposits, late rent; housing counseling such as landlord/tenant rights and credit repair; life skills training such as job readiness; preserving affordable housing; and subsidized rental assistance.
Agencies who serve homeless persons include the Vallejo Housing Authority and Solano County Employment and Eligibility Services and they both identified creating affordable housing as the highest need. Vallejo Housing Authority and Solano County Employment and Eligibility Services also provide services for persons at risk of homelessness. Solano Dream Center, who operates the emergency shelter known as Transformation Village, indicated the need to preserve affordable housing.
21 Fighting Back Partnership serves persons fleeing domestic violence, dating violence, sexual assault, stalking or human trafficking and identified creating affordable housing as the top priority.
Agencies who serve other populations include Napa-Solano Area Agency on Aging, Solano County Probation and Solano County Foster Care, and they all listed creating affordable housing as the top priority. A different representative from Solano County Probation submitted a survey and they indicated providing case management services as the highest need along with the Vallejo Senior Citizens Council.
Northern California Veterans Affairs Health Care System selected preserving affordable housing as the highest need.
The Continuum of Care Agency, CAP Solano JPA, who provides services and support to all Qualifying Populations selected creating affordable housing as the highest priority.
Activity
First Place
Votes
Second Place
Votes
Third Place
Votes
Total
A - Case Management 2 1 0 3
B - Creating Affordable Housing 8 2 1 11
C - Non-Congregate Shelter 0 1 3 4
D - Financial Costs 0 1 0 1
E - Housing Counseling 0 0 2 2
F - Life Skills Training 0 1 0 1
G - Preserving Affordable Housing 2 2 3 7
H - Subsidized Rental Assistance 0 4 3 7
Weighted Scores:
First place vote = 3 points each; Second place vote = 2 points each; Third place vote = 1 point each; No vote = 0 points
Activity
Weighted
First
Weighted
Second
Weighted
Third
Total
A - Case Management 6 2 0 8
B - Creating Affordable Housing 24 4 1 29
C - Non-Congregate Shelter 0 2 3 5
D - Financial Costs 0 2 0 2
E - Housing Counseling 0 0 2 2
F - Life Skills Training 0 2 0 2
G - Preserving Affordable Housing 6 4 3 13
H - Subsidized Rental Assistance 0 8 3 11
22 Creating affordable housing was the highest rated need with eight (8) first place votes out of 12. Only two other activities received first place votes with two votes each - Case management services for qualifying populations and preserving affordable housing.
Preserving affordable housing and subsidized rental assistance both had seven (7) total votes. However, when weighted, preserving affordable housing was ranked slightly higher because it had two (2) first place votes whereas subsidized housing had zero.
Affordable housing and homelessness have been long- standing challenges for the City. There are multiple factors that contribute to the continued growth of the homeless population and high rental housing costs (which in some cases match or even exceed a monthly mortgage cost), over the last five years. There are currently a limited number of housing units available for rent. For this reason, expanding the affordable housing inventory appears to be the only way to address some of the existing needs.
Non-congregate shelter that converts to permanent supportive housing is one way to meet the housing needs of single adults that are challenged with mental illness or substance abuse. Additionally, those at risk of homelessness need support in order to prevent homelessness.
With the limited resources available through HOME-ARP, the City of Vallejo will seek to address the needs of those experiencing homelessness or at risk of homelessness through permanent housing with supportive services, in order for the funding used to have the most significant and beneficial impact; and as a second priority, if any funds are remaining , additional services for those at risk of homelessness.
Explain How the Level of Need and Gaps in its Shelter and Housing Inventory and Service Delivery Systems Based on the Data Presented in the Plan Were Determined
23 The needs gap was identified using a combination methodology: a review of the results of the 2022 Solano County PIT Count; information conta ined in the City’s current (2020-24) Consolidated Plan; a HOME-ARP survey conducted in October 2022 of providers and stakeholders asking to rank the highest needs based on their expertise; three HOME-ARP public hearings, pre- and post-drafting of the HOME- ARP Allocation Plan; and three fifteen day written comment periods.
HOME-ARP Activities
Describe the Method for Soliciting Applications for Funding and/or Selecting Developers, Service Providers, Subrecipients and/or Contractors, and Whether the PJ will Administer Eligible Activities Directly
The City has partnered with the Firm Foundation Community Housing, a non - profit developer, to develop and build a permanent supportive affordable housing project in the City. Firm Foundation Community Housing and the City of Vallejo are co-grantees of the Broadway Village Project, a State Homekey Grant Project, that is currently under construction. The City plans on using its HOME -ARP allocation to provide additional funding for construction.
Describe Whether the PJ will Administer Eligible Activities Directly The City will allocate fifteen percent of its funds, the maximum allowed under HOME-ARP, to Administration and Planning. The City will not directly administer the specific HOME -ARP eligible activity as the City has selected an owner/developer for the development of an affordable rental housing project. .
If Any Portion of the PJ’s HOME -ARP Administrative Funds Were Provided to a Subrecipient or Contractor Prior to HUD’s Acceptance of the HOME-ARP Allocation Plan Because the Subrecipient or Contractor is Responsible for the Administration of the PJ’s Entire HOME-ARP Grant, Identify the Subrecipient or Contractor and Describe Its Role and Responsibilities in Administering All of the PJ’s HOME-ARP Program
This section is not applicable.
Proposed Use of HOME-ARP Funding
24 Statutory
Activity Amount Grant (%) Limit (%) Development of Affordable
Rental Housing for Qualifying
Populations
$1,881,866.00 85 N/A
Administration and Planning
(Program Admin)
$332,094.00 15 15
Total $2,213,960.00 100
Describe How the PJ will Distribute HOME-ARP Funds in Accordance with its Priority Needs Identified in its Needs Assessment and Gaps Analysis This information is in the proposed HOME-ARP Budget shown above.
Describe How the Characteristics of the Shelter and Housing Inventory, Service Delivery System, and the Needs Identified in the Gaps Analysis Provided a Rationale for the Plan to Fund Eligible Activities
The City’s current Consolidated Plan provides data on the existing housing and shelter inventory and the status of homelessness, while the 2022 Solano County PIT provided a count of the number of individuals experiencing homelessness on any given night. The City's HOME- ARP survey of providers and stakeholders in October of 2022 provided further information on client needs, and insight into high priorities. On a monthly basis, the City participates in Continuum of Care meetings, and serves on the CAP Solano JPA (governing board) regarding various subpopulations experiencing homelessness. These monthly meetings, as well as PIT and the most recent Consolidated Plan data, all point to the need for expanding the inventory of affordable housing. Close to eighty percent of the homeless population in Solano County is unsheltered, based on 2022 PIT numbers.
HOME-ARP Production Housing Goals
Estimate the Number of Affordable Rental Housing Units for Qualifying Populations that the PJ Will Produce or Support w ith its HOME -ARP Allocation
The City plans to allocate up to 85 percent of its HOME- ARP funds to the development of affordable rental hou sing, with supportive services, for homeless 25 persons or persons at risk of homelessness, as well as persons in qualifying populations, as defined in the HOME-ARP Guidance.
The City and Firm Foundation Community Housing have leveraged several funding sources, but have a construction gap, that the HOME-ARP funding would close to meet the goals for establishing 47 affordable rental housing units.. Based on the developer’s average per unit investment and the City’s HOME -ARP funding allocation to the activity , it is estimated that at least 4 HOME-ARP affordable rental units will be produced. This is a minimum projection, and may be subject to change, based on construction and rental costs.
HOME-ARP Units for Qualifying Population 4
Units Funded by Other Sources 43
Total Affordable Rental Housing Units 47
Describe the Specific Affordable Rental Housing Production Goal that the PJ Hopes to Achieve, and Describe How It Will Address the PJ’s Priority Needs The City has selected an affordable housing developer to produce 4 7 units of affordable rental housing, which will, upon completion, include supportive services and permanent housing to fulfill the priority need for affordable housing identified by the community . This would address the City’s goal of addressing homelessness, affordable housing, and enhancing associated services. All HOME- ARP Funding will be allocated to 4 units for Qualifying Populations for a minimum of 15 years. The remainder of the rental units will be produced by other funding sources and will be occupied by persons who are eligible for affordable housing. The City’s proposed HOME-ARP Production Goal is consistent with previous and recent PIT Count, Consolidated Plan, and survey data.
Preferences
Identify Whether the PJ Intends to Give Preference to One or More Qualifying Populations or a Subpopulation Within One or More Qualifying Populations for Any Eligible Activity or Project
The City will not establish a preference due to the high demand for affordable housing in the City and in Solano County. The City will work with Resource 26 Connect Solano, the Coordinated Entry Provider of Solano County , to place qualifying populations in permanent housing with supportive services.
HOME-ARP Refinancing Guidelines
Establish a Minimum Level of Rehabilitation Per Unit or a Required Ratio Between Rehabilitation and Refinancing to Demonstrate that Rehabilitation of HOME-ARP Rental Housing is the Primary Eligible Activity This section is not applicable. The City will not use HOME-ARP funds to refinance existing debt.
Provide a Review of Management Practices to Demonstrate that Disinvestment in the Property Has Not Occurred; That the Long -Term Needs of the Project Can Be Met; and That the Feasibility of Serving Qualifying Populations for the Minimum Compliance Period Can Be Demonstrated
This section is not applicable.
State Whether the New Investment is Being Made to Maintain Current Affordable Units, Create Additional Affordable Units, or Both This section is not applicable.
Specify the Required Compliance Period, Whether It is the Minimum Fifteen Years, or Longer
This section is not applicable.
State That HOME- ARP Funds Cannot Be Used to Refinance Multifamily Loans Made or Insured by Any Federal Program, Including CDBG The City will not use HOME-ARP funds to refinance existing loans.
Other Requirements in the PJ’s Guidelines, If Applicable This section is not applicable.
Housing and Community Development Department ∙ 200 Georgia Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4507
NOTICE OF PUBLIC HEARING AND COMMENT PERIOD ON THE
SUBSTANTIAL AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS PROGRAM –
AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
DATE OF NOTICE: September 13, 2023
FOR MORE INFORMATION: Chari Francisco, Interim Housing Director (707) 553-7204, [email protected]
On Thursday, September 28, 2023 after 6:00 p.m. , the Housing and Community Develop ment Commission (HCDC) of the City of Vallejo will hold a public hearing during its special meeting on a proposed Substantial Amendment to the HOME-ARP Allocation Plan. This meeting will be held in the Council Chambers of City Hall at 555 Santa Clara Street.
On May 26, 2023 , the U.S. Department of H ousing and Urban Development (HUD) has accepted the City’s HOME -ARP Allocation Plan. As a result, HUD made available to the City HOME-ARP fu nds totaling to $2,213,960 to provide housing, shelter, and services to persons experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations. Staff is now proposing a substantial amendment to the approved Allocation Plan. The Amended HOME-ARP Allocation Plan is available for review o n the C ity’s Web Page at: http s://www.cityofvallejo.net, under “Our City, Departm ents and Divisions , H ousing and C ommunity Development , Document Library, HOME-ARP, Amended HOME-ARP Allocation Plan 9-13-2023” or in the Housing and Community Development Department office at 200 Georgia Street, Vallejo, CA, 94590.
Written comments on the Am ended HOME-ARP Allocation Plan may be submitted in the Housing and Community Development Department drop box, or b y email, until 5:00 p.m. on Thursday, September 28, 2023 to: Chari Barrera, Interim Housing Director, City of Vallejo, 200 Georgia Street, Vallejo, CA 94590; (707) 553-7204, Fax: (707) 648-5249; [email protected].
The City of Vallejo provides its programs and services in a non-discriminatory manner, and is an Equal Opportunity Employer. The City of Vallejo also encourages women and minority-owned businesses to submit bids and proposals for Community Development Block Grant (CDBG) Program and HOME Investment Partnerships Program contracts. For further information, contact the City of Vallejo Housing and Community Development Department at (707) 648-4507.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting; please contact the City of Vallejo Housing and Community Development Department as follows: Tel: (707) 648-4508, Fax: (707) 648-5249, or e-mail:
[email protected]. Notification at least 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting. For further information on this public notice, the hearing-impaired may call the California Relay Service at 1-800-735-2922 without a TTY/TDD, or 1-800-735-2929 with a TTY/TDD.
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
Amended HOME-ARP Allocation Plan English
/ Amended HOME-ARP Allocation Plan
3559929
0006778288
Publication Dates:
Publication: Vallejo Times-Herald
09/13/2023
Amount: $314.60
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD ON THE SUBSTANTIAL AMENDMENT TO THE HOME
INVESTMENT PARTNERSHIPS PROGRAM - AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN DATE OF NOTICE: September 13, 2023
FOR MORE INFORMATION: Chari Francisco, Interim Housing Director (707) 553-7204, [email protected]
On Thursday, September 28, 2023 after 6:00 p.m., the Housing and Community Development Commission (HCDC) of the City of Vallejo will hold a public hearing during its special meeting on a proposed Substantial Amendment to the HOME-ARP Allocation Plan. This meeting will be held in the Council Chambers of City Hall at 555 Santa Clara Street.
On May 26, 2023, the U.S. Department of Housing and Urban Development (HUD) has accepted the City's HOME-ARP Allocation Plan. As a result, HUD made available to the City HOME-ARP funds totaling to $2,213,960 to provide housing, shelter, and services to persons experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations. Staff is now proposing a substantial amendment to the approved Allocation Plan. The Amended HOME-ARP Allocation Plan is available for review on the City's Web Page at: https://www.cityofvallejo.net, under "Our City, Departments and Divisions, Housing and Community Development, Document Library, HOME-ARP, Amended HOME-ARP Allocation Plan 9-13-2023" or in the Housing and Community Development Department office at 200 Georgia Street, Vallejo, CA, 94590.
Written comments on the Amended HOME-ARP Allocation Plan may be submitted in the Housing and Community Development Department drop box, or by email, until 5:00 p.m. on Thursday, September 28, 2023 to: Chari Barrera, Interim Housing Director, City of Vallejo, 200 Georgia Street, Vallejo, CA 94590; (707) 553-7204, Fax: (707) 648-5249; [email protected].
The City of Vallejo provides its programs and services in a non-discriminatory manner, and is an Equal Opportunity Employer. The City of Vallejo also encourages women and minority-owned businesses to submit bids and proposals for Community Development Block Grant (CDBG) Program and HOME Investment Partnerships Program contracts. For further information, contact the City of Vallejo Housing and Community Development Department at (707) 648-4507.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting; please contact the City of Vallejo Housing and Community Development Department as follows: Tel: (707) 648-4508, Fax: (707) 648-5249, or e-mail: [email protected]. Notification at least 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting. For further information on this public notice, the hearing-impaired may call the California Relay Service at 1-800-735-2922 without a TTY/TDD, or 1-800-735-2929 with a TTY/TDD.
r.BP16-07/03/17 2
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006778288
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
09/13/2023
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
15th day of September 2023
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
FILE NO. Amended HOME-ARP Allocation Plan
r.BP16-07/03/17 1
r.BP16-07/03/17 2
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Housing and Community Development Department ∙ 200 Georgia Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4507
AVISO DE AUDIENCIA PÚBLICA Y PERÍODO DE COMENTARIO SOBRE LA ENMIENDA SUSTANCIAL AL PROGRAMA DE ASOCIACIONES DE INVERSIÓN EN EL HOGAR – PLAN DE RESCATE AMERICANO (HOME-ARP) PROYECTO REVISADO DEL PLAN DE ASIGNACIÓN
FECHA DE AVISO: 13 de septiembre 2023
PARA MÁS INFORMACIÓN: Chari Francisco, Directora Interina de Vivienda (707) 553-7204, [email protected]
El jueves 28 de Septiembre de 2023 después de las 6:00 p.m., la Comi sión de Viv ienda y Desarrollo Comunitario (HCDC) de la Ciudad de Vallejo llevará a cabo una audiencia pública durante su reunión especial sobre una propuesta de enmienda sustancial al Plan de Acción Annual. Esta reunión se llevará a cabo en las Cámaras del Consejo del Ayuntamiento en 555 Santa Clara Street.
El 26 de mayo de 2023, el Departamento de Vivienda y Desarrollo Urbano de los EE.UU. (HUD) ha aceptado el Plan de Asignación HOME -ARP de la Ciud ad. Como resultado, HUD puso a disposición de la Ciudad fondos HOME -ARP p or un total de $2,213,960 para proporcionar vivienda, refugio y servicios a personas sin hogar, personas que est án en r iesgo de quedarse sin hogar y otras poblaciónes calificadas y vulnerables. El personal ahora propone una enmienda sustancial al Plan de Asignación aprobado. El Plan de Asignación HOME-ARP Modificado está dispopnible para su revisión en la página web de la Ciudad en: http s://www.cityofvallejo.net, ba jo “Our City, Departments and Divisions, Housing and Community Development Division, Document Library , Amended HOME-ARP Allocation Plan 9-13-2023” o en la oficina del Departamento de Vivienda y Desarrollo en 200 Georgia Street, Vallejo, CA 94590.
Los comentarios por escrito sobre el Plan de Asignación de HOME -ARP Modificado se pueden enviar en el buzón del Departamento de Vivienda y Desarrollo Comunitario, o por correo electrónico, hasta las 5:00 p.m. el jueves 28 de septiembre de 2023 a: Chari Francisco, Directora Interina de Vivi enda, Ciudad de V allejo, 200 Georgia St reet, Vallejo, CA 94590; (707) 553- 7204, Fax : (7 07) 648- 5249; [email protected].
La Ciudad de Vallejo ofrece sus programas y servicios de manera no discriminatoria y es un Empleador de Igualdad de Oportunidades. La Ciudad de Vallejo también anima a las mujeres y a los propietarios de empresas de minorías presentar ofertas y propuestas para el Programa de Subvenciones en Bloque para el Desarrollo Comunitario (CDBG) y el Programa de HOME Contratos de Inversión de Casa. Para más información, póngase en contacto con la División de Autoridad de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo al (707) 648- 4507.
De conformidad con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión; por favor contactar la División de Autoridad de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo: Tel: (707) 648-4508, Fax (707) 648-5249, o correo electrónico: [email protected]. Para más información sobre este aviso público, los discapacitados auditivos pueden llamar al Servicio de Retransmisión de California al 1-800-735-2922 sin TTY/TDD o 1-800-735-2929 con un TTY/TDD
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
3559929
0006778290
Publication Dates:
Publication: Vallejo Times-Herald
09/13/2023
Amount: $349.84
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: AVISO DE AUDIENCIA PÚBLICA Y PERÍODO DE COMENTARIO SOBRE LA ENMIENDA SUSTANCIAL AL PROGRAMA DE ASOCIACIONES DE INVERSIÓN EN EL HOGAR - PLAN DE RESCATE AMERICANO (HOME-ARP) PROYECTO REVISADO DEL PLAN DE ASIGNACIÓN
FECHA DE AVISO: 13 de septiembre 2023
PARA MÁS INFORMACIÓN: Chari Francisco, Directora Interina de Vivienda (707) 553-7204, [email protected]
El jueves 28 de Septiembre de 2023 después de las 6:00 p.m., la Comisión de Vivienda y Desarrollo Comunitario (HCDC) de la Ciudad de Vallejo llevará a cabo una audiencia pública durante su reunión especial sobre una propuesta de enmienda sustancial al Plan de Acción Annual. Esta reunión se llevará a cabo en las Cámaras del Consejo del Ayuntamiento en 555 Santa Clara Street.
El 26 de mayo de 2023, el Departamento de Vivienda y Desarrollo Urbano de los EE.UU. (HUD) ha aceptado el Plan de Asignación HOME-ARP de la Ciudad. Como resultado, HUD puso a disposición de la Ciudad fondos HOME-ARP por un total de $2,213,960 para proporcionar vivienda, refugio y servicios a personas sin hogar, personas que están en riesgo de quedarse sin hogar y otras poblaciónes calificadas y vulnerables. El personal ahora propone una enmienda sustancial al Plan de Asignación aprobado. El Plan de Asignación HOME-ARP Modificado está dispopnible para su revisión en la página web de la Ciudad en: https://www.cityofvallejo.net, bajo "Our City, Departments and Divisions, Housing and Community Development Division, Document Library, Amended HOME-ARP Allocation Plan 9-13-2023" o en la oficina del Departamento de Vivienda y Desarrollo en 200 Georgia Street, Vallejo, CA 94590.
Los comentarios por escrito sobre el Plan de Asignación de HOME-ARP Modificado se pueden enviar en el buzón del Departamento de Vivienda y Desarrollo Comunitario, o por correo electrónico, hasta las 5:00 p.m. el jueves 28 de septiembre de 2023 a: Chari Francisco, Directora Interina de Vivienda, Ciudad de Vallejo, 200 Georgia Street, Vallejo, CA 94590; (707) 553-7204, Fax: (707) 648-5249; [email protected].
La Ciudad de Vallejo ofrece sus programas y servicios de manera no discriminatoria y es un Empleador de Igualdad de Oportunidades. La Ciudad de Vallejo también anima a las mujeres y a los propietarios de empresas de minorías presentar ofertas y propuestas para el Programa de Subvenciones en Bloque para el Desarrollo Comunitario (CDBG) y el Programa de HOME Contratos de Inversión de Casa. Para más información, póngase en contacto con la División de Autoridad de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo al (707) 648-4507.
De conformidad con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión; por favor contactar la División de Autoridad de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo: Tel: (707) 648-4508, Fax (707) 648-5249, o correo electrónico: [email protected]. Para más información sobre este aviso público, los discapacitados auditivos pueden llamar al Servicio de Retransmisión de California al 1-800-735-2922 sin TTY/TDD o 1-800-735-2929 con un TTY/TDD
r.BP16-07/03/17 2
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006778290
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
09/13/2023
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
15th day of September 2023
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
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Housing and Community Development Department ∙ 200 Georgia Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4507
PAUNAWA NG PAMPUBLIKONG PAGDINIG AT PANAHON NG PAGKOMENTO PARA SA
SUBSTANTIAL AMENDMENT NG HOME INVESTMENT PARTNERSHIPS PROGRAM -
AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN
PETSA NG PAUNAWA: September 13, 2023
PARA SA KARAGDAGANG IMPORMASYON: Chari Francisco, Interim Housing Director (707) 553-7204, [email protected]
Sa Huwebes, Set yembre 28 , 2023 pagkatapos ng 6 :00 p.m., ang Housing and Community Development Commission (HCDC) ng Lungsod ng Vallejo ay magsasagawa ng pampublikong pagdinig sa panahon ng espesyal na pagpupulong sa isang iminungkahing Substantial Amendment sa HOME- ARP Allocation Plan. Ang pagpupulong ay gaganapin sa Council Chambers ng C ity Hall na nasa 555 Santa Clara Street.
Noong ika-26 nang Mayo, 2023, tinanggap ng U.S. Department of Housing and Urban Development (HUD) ang HOME -ARP Allocation Plan ng Lungsod. Bilang resulta, ginawang available ng HUD ang mga pondo ng HOME -ARP ng Lungsod na may kabuuang halaga na $2,213,960 para magkal oob ng pabahay, tirahan, at mga serbisyo sa mga taong nakararanas ng kawalan ng tirahan, mga taong nasa panganib ng kawalan ng tirahan, at iba pang mga kuwalipikado at nanganganib na populasyon. Ang mga kawani ay nagmumungkahi na ngayon ng substantial amendment sa naaprubahang Allocation Plan. Ang Amended HOME -ARP Allocation Plan ay available para sa pagsusuri sa Web Page ng Lungsod sa: https://www.cityofvallejo.net sa ilalim ng “ Our City, Departm ents and Division s, Housing and Community Development, Document Library, HOME-ARP, Amended HOME-ARP Allocation Plan 9-13-2023” o sa opsisina ng Housing and Community Development Department , 200 Georgia Street, Vallejo, CA 94590.
Ang mga nakasulat na komento sa Am ended HOME-ARP Allocation Plan ay maaaring isumite sa drop box ng Housing and Community Development Department, o sa pamamagitan ng email, hanggang 5:00 p.m. ng Huwebes, Setyembre 28, 2023 kay: Chari Francisco, Interim Housing Director, Lungsod ng Vallejo, 200 Georgia Street, Vallejo, CA 94590; (707) 553-7204, Fax: (707) 648-5249; [email protected].
Ang Lungsod ng Vallejo ay nagbibigay ng mga programa at serbisyo nito sa paraang walang diskriminasyon, at isang Equal Opportunity Employer. Hinihikayat din ng Lungsod ng Vallejo ang mga kababaihan at mga negosyong pag-aari ng minorya na magsumite ng mga bid at panukala para sa mga kontrata ng Community Development Block Grant (CDBG) at HOME Investment Partnerships Program. Para sa karagdagang impormasyon, makipag-ugnayan sa City of Vallejo Housing and Community Development Division sa (707) 648-4507.
Bilang pagsunod sa Americans with Disabilities Act, kung kailangan mo ng espesyal na tulong para makilahok sa pulong na ito; mangyaring makipag-ugnayan sa City of Vallejo Housing and Community Development Department sa sumusunod: Tel: (707) 648-4508, Fax: (707) 648-5249, e-mail: [email protected]. Ang pag-abiso nang hindi bababa sa 48 oras bago ang isang pulong ay magbibigay-daan sa Lungsod na gumawa ng mga makatwirang pagsasaayos upang matiyak ang access sa pulong na iyon. Para sa karagdagang impormasyon sa pampublikong abiso na ito, ang may kapansanan sa pandinig ay maaaring tumawag sa California Relay Service sa 1-800-735-2922 nang walang TTY/TDD, o 1-800-735-2929 na may TTY/TDD. 3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
3559929
0006778291
Publication Dates:
Publication: Vallejo Times-Herald
09/13/2023
Amount: $372.78
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: PAUNAWA NG PAMPUBLIKONG PAGDINIG AT PANAHON NG PAGKOMENTO PARA SA SUBSTANTIAL AMENDMENT
NG HOME INVESTMENT PARTNERSHIPS PROGRAM - AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN PETSA NG PAUNAWA: September 13, 2023
PARA SA KARAGDAGANG IMPORMASYON: Chari Francisco, Interim Housing Director (707) 553-7204, [email protected]
Sa Huwebes, Setyembre 28, 2023 pagkatapos ng 6:00 p.m., ang Housing and Community Development Commission (HCDC) ng Lungsod ng Vallejo ay magsasagawa ng pampublikong pagdinig sa panahon ng espesyal na pagpupulong sa isang iminungkahing Substantial Amendment sa HOME-ARP Allocation Plan. Ang pagpupulong ay gaganapin sa Council Chambers ng City Hall na nasa 555 Santa Clara Street.
Noong ika-26 nang Mayo, 2023, tinanggap ng U.S. Department of Housing and Urban Development (HUD) ang HOME-ARP Allocation Plan ng Lungsod. Bilang resulta, ginawang available ng HUD ang mga pondo ng HOME-ARP ng Lungsod na may kabuuang halaga na $2,213,960 para magkaloob ng pabahay, tirahan, at mga serbisyo sa mga taong nakararanas ng kawalan ng tirahan, mga taong nasa panganib ng kawalan ng tirahan, at iba pang mga kuwalipikado at nanganganib na populasyon. Ang mga kawani ay nagmumungkahi na ngayon ng substantial amendment sa naaprubahang Allocation Plan.
Ang Amended HOME-ARP Allocation Plan ay available para sa pagsusuri sa Web Page ng Lungsod sa:
https://www.cityofvallejo.net sa ilalim ng "Our City, Departments and Divisions, Housing and Community Development, Document Library, HOME-ARP, Amended HOME-ARP Allocation Plan 9-13-2023" o sa opsisina ng Housing and Community Development Department, 200 Georgia Street, Vallejo, CA 94590.
Ang mga nakasulat na komento sa Amended HOME-ARP Allocation Plan ay maaaring isumite sa drop box ng Housing and Community Development Department, o sa pamamagitan ng email, hanggang 5:00 p.m. ng Huwebes, Setyembre 28, 2023 kay: Chari Francisco, Interim Housing Director, Lungsod ng Vallejo, 200 Georgia Street, Vallejo, CA 94590; (707) 553-7204, Fax: (707) 648-5249;
[email protected].
Ang Lungsod ng Vallejo ay nagbibigay ng mga programa at serbisyo nito sa paraang walang diskriminasyon, at isang Equal Opportunity Employer. Hinihikayat din ng Lungsod ng Vallejo ang mga kababaihan at mga negosyong pag-aari ng minorya na magsumite ng mga bid at panukala para sa mga kontrata ng Community Development Block Grant (CDBG) at HOME Investment Partnerships Program. Para sa karagdagang impormasyon, makipag-ugnayan sa City of Vallejo Housing and Community Development Division sa (707) 648-4507.
Bilang pagsunod sa Americans with Disabilities Act, kung kailangan mo ng espesyal na tulong para makilahok sa pulong na ito; mangyaring makipag-ugnayan sa City of Vallejo Housing and Community Development Department sa sumusunod: Tel:
(707) 648-4508,
Fax: (707) 648-5249, e-mail: [email protected]. Ang pag-abiso nang hindi bababa sa 48 oras bago ang isang pulong ay magbibigay-daan sa Lungsod na gumawa ng mga makatwirang pagsasaayos upang matiyak ang access sa pulong na iyon. Para sa karagdagang impormasyon sa pampublikong abiso na ito, ang may kapansanan sa pandinig ay maaaring tumawag sa California Relay Service sa 1-800-735-2922 nang walang TTY/TDD, o 1-800-735-2929 na may TTY/TDD.
r.BP16-07/03/17 2
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006778291
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
09/13/2023
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
13th day of September 2023
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
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CONSENT CALENDAR 8.G.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to the Mayor
SUBJECT: AUTHORIZE THE COUNCIL TO APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF VALLEJO AND THE SISTER CITY OF AKASHI, JAPAN,
AND AUTHORIZE THE MAYOR TO SIGN THE MOU
RECOMMENDATION
Authorize the CIty Council to approve a MOU between the City of Vallejo and the Sister City of Akashi, Japan, and authorize the Mayor to sign the MOU
REASONS FOR RECOMMENDATION
Akashi, Japan is Vallejo’s second longest standing Sister City relationship going back to 1968. The MOU to be approved is a re-affirmation of an agreement to establish a Sister City relationship.
BACKGROUND AND DISCUSSION
Sister Cities International, SCI, is the sanctioning body for Sister City relationships. According to the SCI Partnership Agreement Toolkit, two communities must sign formal documents, typically an MOU or Sister City Agreement, which endorse the Sister City relationship.
It is common and customary that a reaffirmation of the Sister City relationship occurs during official visits between the Sister Cities. The visits frequently coincide with milestone anniversaries of the relationships, as in the case of Akashi - Vallejo the 55th, so a re-affirmation is an exemplar of friendly citizen diplomacy. The Mayor, the Vice-Mayor and a council member have been the signatory on behalf of the City. Members of the Sister City Association have served as witnesses.
Reaffirmations of other MOUs have occurred:
• April 16, 2012, between Vallejo and Jincheon-Gun, Republic of South Korea on the 10th anniversary. • July 23, 2018, between Vallejo and Baguio City, Philippines on the 25th anniversary. • March 19, 2019, between Vallejo and Akashi, Japan.
A delegation from Vallejo will be travelling to Akashi on October 28, 2023, as a part of a Vallejo-Akashi 55th anniversary celebration. It is their desire to take an MOU for a ceremonial reaffirmation of the Sister City relationship in Akashi.
FISCAL IMPACT
None.
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.
Date: October 10, 2023
Subject: AUTHORIZE THE COUNCIL TO APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF VALLEJO AND THE SISTER CITY OF AKASHI,
JAPAN, AND AUTHORIZE THE MAYOR TO SIGN THE MOU
ATTACHMENTS
1. Akashi Japan MOU
2. Prior Sister City 3 MOU Reaffirmations
CONTACT
Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]
CITY OF VALLEJO, CALIFORNIA, U.S.A. AND
THE CITY OF AKASHI, HYOGO PREFECTURE, JAPAN
MEMORANDUM OF UNDERSTANDING
CREATION
Whereas, the City of Akashi, Japan, and the City of Vallejo, California established a sister city relationship in 1968, and
Whereas, there is a desire to renew the Memorandum of Understanding between the City of Vallejo and the City of Akashi, Hyogo Prefecture, Japan in commemoration of the 55 th Anniversary of the sister city relationship.
GENERAL PURPOSE
The general purpose of this sister city relationship shall be to plan and recommend to the City Council of both cities such programs as would develop a mutual understanding of the citizens and cultures of both cities by exchanging visits and various information and materials of interest to both.
OBJECTIVES
In the spirit of friendship and goodwill, the sister cities of Vallejo, California, USA and the City of Akashi, Japan do hereby agree that the specific objectives of this sister city relationship shall be as follows:
1. Conduct research on such areas that would be beneficial to both cities;
2. Establish and maintain liaison with the local Sister City Association or its equivalent;
3. Promote activities between Vallejo and Akashi, Japan such as:
•Publicizing relations between cities;
•Organizing student exchange programs and tour groups and promoting exchange of related information, such as cultural programs, exhibits, and exchanges; •Correspondence, and maintaining a roster of participants interested in correspondence;
•Exchanging books, periodicals, artwork, photography, recorded music, motion
City of Vallejo/City of Akashi, Hyogo Prefecture, Japan Memorandum of Understanding
pictures, video tapes, and professional and technical literature; •Exchanging gifts and articles of cultural and informative value; •Promoting formal and friendly relations between such groups as schools, youth organizations, clubs, chambers of commerce, and churches; •Fundraising for special projects between the two cities; •Creating opportunities for international trade;
•Arranging cultural and business visitation;
•Providing host families for sister city visitors.
SUBSCRIBED
NOW, THEREFORE, BE IT RESOVED, that this Memorandum of Understanding was mutually accepted, and subscribed to on 2023, in Akashi, Japan.
Robert H. McConnell
Mayor
City of Vallejo, United States of America
Marutani Satoko
Mayor
City if Akashi, Japan
WITNESSES
Pelton Stewart
Vallejo Sister City Commission
William Kim
President
Vallejo Sister City Association
Dinah Villaneuva-Ryan
Chairperson
Vallejo-Akashi Sister City Committee
City of Vallejo/City of Akashi, Hyogo Prefecture, Japan Memorandum of Understanding
CONSENT CALENDAR 8.H.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPOINTING REPRESENTATIVES TO THE HOUSING FIRST
SOLANO CONTINUUM OF CARE
RECOMMENDATION
Adopt a resolution appointing Natalie Peterson as the City representative to the Housing First Solano Continuum of Care Board (HFS CoC) and Gillian Haen, as the Vallejo alternate representative.
REASONS FOR RECOMMENDATION
The City of Vallejo needs to update their representatives on the Housing First Solano Continuum of Care to replace representatives whose terms expired on August 30, 2023.
BACKGROUND AND DISCUSSION
The Housing First Solano Continuum of Care (HFS CoC) is a regional planning body of representative stakeholders in Solano County that coordinates the community’s policies, strategies and activities toward preventing and ending homelessness. The HFS CoC work includes gathering and analyzing information in order to determine the local needs of people experiencing homelessness, implementing strategic responses, educating the community on homeless issues, providing advice and input on the operations of homeless services and measuring CoC performance.
HFS CoC geographic area overs the seven cities located in Solano County: Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo, the unincorporated areas and Solano County – and includes the housing and service plans for homeless persons and persons experiencing a housing crisis for each area. The membership is comprised of representatives of relevant organizations within the given geographic areas.
The HFS CoC is an advisory board and works closely with the Community Action Partners of Solano Joint Powers Authority (CAP Solano JPA).
The City recognizes the importance of CAP Solano JPA and HFS CoC and their work dealing with homeless issues in Solano County. It is essential to maintain the commitment to the HFS CoC and to represent the interests of the City of Vallejo.
FISCAL IMPACT
There is no fiscal impact associated with appointing City staff to the Board other than staff time spent.
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
Date: October 10, 2023
Subject: ADOPT A RESOLUTION APPOINTING REPRESENTATIVES TO THE HOUSING FIRST
SOLANO CONTINUUM OF CARE
foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. CoC Appointment Reso Clean CAO STAMP_
CONTACT
Michael Malone, City Manager (707) 648-4308
[email protected]
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPOINTING
NATALIE PETERSON AS THE CITY OF VALLEJO REPRESENTATIVE TO THE HOUSING
FIRST SOLANO CONTINUUM OF CARE BOARD AND GILLIAN HAEN AS THE VALLEJO
ALTERNATE REPRESENTATIVE
WHEREAS, the City of Vallejo supports the efforts and objectives of the Housing First Solano Continuum of care (HFS CoC) and desires to remain a partner in addressing the needs and issues of unhoused individuals; and
WHEREAS, the cities of Solano County recognize a need to coordinate with the County of Solano relating to the provision of services for all residents of Solano County; and WHEREAS, the Vallejo City Council has adopted addressing Housing/Unhoused one of its five multiyear goals; and
WHEREAS, the HFS CoC is a regional planning body of representative stakeholders in Solano County that coordinates the community’s policies, strategies and activities toward preventing and ending homelessness.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo does hereby appoint Natalie Peterson as the representative member of the HFS CoC for the City of Vallejo and Gillan Haen as the alternate member.
Adopted by the Council of the City of Vallejo at a regular meeting held on October 10, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.A.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE NEWLY CREATED
MEASURE P OVERSIGHT COMMITTEE, DESIGN REVIEW BOARD, MCCUNE
COLLECTION COMMISSION, CIVIL SERVICE COMMISSION, AND THE
PARTICIPATORY BUDGETING STEERING COMMITTEE
RECOMMENDATION
1. Adopt a resolution making 7 appointments to the newly created Measure P Citizens' Oversight Committee; and
2. Adopt a resolution making 1 appointment to the Civil Service Commission, 1 appointment to the Design Review Board, 1 appointment to the McCune Collection Commission, and 4 member and 3 alternate member appointments to the Participatory Budgeting Steering Committee (PBSC)
REASONS FOR RECOMMENDATION
In July 2022, the City Council adopted an ordinance that was submitted to the voters on November 8, 2022 for a Transactions and Use Tax known as Measure P. The Transactions and Use Tax was passed by a majority of the voters of the City at that general municipal election and became effective 10 days after the City Council certified the election results, which occurred on January 3, 2023. Section 3.30.170 of the ordinance created a Citizens' Oversight Committee. The Committee shall consist of 7 members and membership shall consist of one resident of Vallejo and of the appointing Councilmember's District. The member appointed by the Mayor may reside anywhere within the City.
In addition to the 7 vacancies on the newly created Citizens' Oversight Committee, vacancies continue to remain on several standing City Commissions and Committees. Interviews were conducted at Special City Council meetings on September 18 and 25, 2023. The majority of the applicants attended and participated in the interviews. According to the City Council's procedure for selecting and appointing commission and committee members, appointments shall be made at the next regular meeting following the conclusion of the special meetings, which is October 10, 2023.
BACKGROUND AND DISCUSSION
On May 23, 2023, the City Clerk issued a press release announcing the opening of the application period for the Measure P Citizens' Oversight Committee, a newly created Committee that the City Council approved in July 2022. The notice was posted on the City's various social media platforms. Concurrent with this recruitment, additional applications were being accepted for several other standing commissions and committees that continue to have vacancies. A sufficient number of applications for both the Measure P Citizens' Oversight Committee and for other commissions and committees were received after extending the deadline several times.
Applicant interviews were conducted in accordance with VMC 2.27.040(h) at special meetings held on
Date: October 10, 2023
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE NEWLY CREATED
MEASURE P OVERSIGHT COMMITTEE, DESIGN REVIEW BOARD, MCCUNE
COLLECTION COMMISSION, CIVIL SERVICE COMMISSION, AND THE
PARTICIPATORY BUDGETING STEERING COMMITTEE
September 18 and 25, 2023. The special meetings were noticed and published at least 72 hours in advance of each special meeting date. The majority of the applicants attended and participated in the interview process and are presented to the City Council for its consideration.
Copies of applications received have been provided to the Mayor and Council and are available for review in the Office of the City Clerk.
Measure P Citizens' Oversight Committee
Section 3.30.170 of the Vallejo Municipal Code provides for a Measure P Citizens' Oversight Committee. The purpose of the Committee is to independently review and advise upon the CIty's expenditure of proceeds generated by the transactions and use tax commonly known as Measure P. The 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 Chapter 3.09.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 made available to the public.
The Committee shall consist of 7 members, all of whom shall be residents of the City of Vallejo.
Councilmembers and the Mayor shall each appoint one member. Members appointed by Councilmembers shall be residents of the corresponding Council District of the appointing Councilmember. The member appointed by the Mayor may reside anywhere in the City. Each member shall serve for a term of 2 years except that initial terms for some seats may shorter to comply with section 2.26.030B of the Municipal Code. Such service shall be at the pleasure of the City Council.
As this is a new Committee, 7 vacancies currently exist. 14 applicants attended and participated in the interviews with the City Council held on September 18, 2023 and are presented to the Council for its consideration. The appointment process by each individual councilmember and the Mayor with term of office are as follows:
• Mayor McConnell: at-large appointment for a term to expire 10/10/24 • Vice Mayor Verder-Aliga: District 1 for a term to expire 10/10/24 • Councilmember Matulac: District 2 for a term to expire 10/10/25 • Councilmember Loera-Diaz: District 3 for a term to expire 10/10/24 • Councilmember Palmares: District 4 for a term to expire 10/10/25 • Councilmember Bregenzer: District 5 for a term to expire 10/10/25 • Councilmember Arriola: District 6 for a term to expire 10/10/24
Civil Service Commission
Chapter 2.49 of the Vallejo Municipal Code provides for a CSC to consist of seven members who shall be residents of the City.
Presently there is 1 vacancy. Three applications were received and only 1 applicant attended and participated in the interviews with the City Council on September 25. The one applicant is presented to the City Council for its consideration. If the City Council chooses to appoint the applicant to fill the vacancy, the appointment shall be made for a term commencing from the date of appointment and expire on June 30, 2027.
Design Review Board
Date: October 10, 2023
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE NEWLY CREATED
MEASURE P OVERSIGHT COMMITTEE, DESIGN REVIEW BOARD, MCCUNE
COLLECTION COMMISSION, CIVIL SERVICE COMMISSION, AND THE
PARTICIPATORY BUDGETING STEERING COMMITTEE
Chapter 2.59 of the Vallejo Municipal Code currently provides for a DRB to consist of 5 members. All board members shall have their primary residence or primary place of employment within the Vallejo city limits. A minimum of 4 board members shall have their primary residence within the city limits. All board members shall have a demonstrated competence and interest in architecture, landscape architecture or urban design through education, training or experience. This includes, but is not limited to, an understanding of design principles and the ability to read, analyze and interpret architectural and site plans. Further, it is the intent that a majority of board members have experience as professional architects, landscape architects or urban planners with a substantial background in urban design.
Presently there are 2 vacancies with 1 term expiring June 30, 2024 and the other expiring June 30, 2027. Two applications were received and one applicant participated in the interviews with the City Council on September
18. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill one of the 2 vacancies, it is recommended that the appointment be made for a term to commence from the date of appointment and expire on June 30, 2027.
McCune Collection Commission
Chapter 2.51 of the Vallejo Municipal Code provides for a MCC to consist of 7 members who shall be residents of the City.
Presently there are 2 vacancies with one term expiring on June 30, 2024 and the other expiring on June 30, 2025. One application was received and the applicant attended and participated in the interview with the City Council on September 18. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill one of the vacancies, it is recommended the appointment be made for a term commencing from the date of appointment and expire on June 30, 2025.
Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two 12-month cycles of Vallejo's PB process.
Presently there are 4 member and 3 alternate vacancies. 4 applications were received for Council consideration and all applicants attended and participated in the interviews with the City Council on September
25. The 3 at-large and 1 organizational applicants are presented to the City Council for its consideration. The Council will need to decide if all four applicants will be appointed as members or some as members and some as alternate members. Even if all 4 applicants are appointed, vacancies for either member or alternate members will exist. The appointments shall be made for terms to commence from date of appointment for two, 12-month cycles of Vallejo's PB process, expiring on June 30, 2025.
Pursuant to the City Council's procedure for selecting commission and committee members, only interviews were conducted at the special meetings on September 18 and 25. Appointments to these advisory bodies are before the City Council this evening for consideration.
FISCAL IMPACT
There is no fiscal impact associated with making appointments to standing boards and commissions.
Date: October 10, 2023
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE NEWLY CREATED
MEASURE P OVERSIGHT COMMITTEE, DESIGN REVIEW BOARD, MCCUNE
COLLECTION COMMISSION, CIVIL SERVICE COMMISSION, AND THE
PARTICIPATORY BUDGETING STEERING COMMITTEE
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. Measure P Oversight Committee Appointments v1_10.10.23 CAO stamp
2. Making Appointments to Various Commissions v1_10.10.23 (002) CAO stamp
3. 10.10.23 List of Eligible Applicants
CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]
RESOLUTION NO. 23-___ N.C.
Approved as to form:
By: for
Veronica Nebb, City Attorney
A RESOLUTION OF THE CITY COUCNIL OF THE CITY OF VALLEJO MAKING APPOINTMENTS TO THE MEASURE P CITIZENS’ OVERSIGHT COMMITTEE WHEREAS, Chapter 3.09 of the Vallejo Municipal Code establishes a Citizens’ Oversight Committee to independently review and advise upon the City’s expenditure of proceeds generated by the transactions and use tax; and
WHEREAS, the Citizens’ Oversight Committee shall consist of seven members all whom shall be residents of the City of Vallejo; and
WHEREAS, members appointed by a sitting member of the Vallejo City Council shall be residents of the City of Vallejo and of the appointing Councilmember’s district; and WHEREAS, the member appointed by the Mayor may reside anywhere within the City; and WHEREAS, 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; and WHEREAS, section 2.26.030B of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be staggered so that the number of terms expiring annually shall be approximately equal and that the City Council shall specify terms of members first appointed after adoption of the ordinance or resolution establishing the body; and WHEREAS, there currently exists seven vacancies on the Citizens’ Oversight Committee; and WHEREAS, the City Council reviewed applications and conducted interviews.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The following person is appointed to the Citizens’ Oversight Committee by Mayor McConnell (term to expire 10/10/24 for staggering purposes)
1. _________________________________
The following District 1 person is appointed to the Citizens’ Oversight Committee by Vice Mayor Verder-Aliga (term to expire 10/10/24 for staggering purposes)
1. __________________________________
The following District 2 person is appointed to the Citizens’ Oversight Committee by Councilmember Matulac (term to expire 10/10/25)
1. ___________________________________
The following District 3 person is appointed to the Citizens’ Oversight Committee by Councilmember Loera-Diaz (term to expire 10/10/24 for staggering purposes)
1. ____________________________________
The following District 4 person is appointed to the Citizens’ Oversight Committee by Councilmember Palmares (term to expire 10/10/25)
1. _______________________________________
The following District 5 person is appointed to the Citizens’ Oversight Committee by Councilmember Bregenzer (term to expire 10/10/25 )
1. _______________________________________
The following District 6 person is appointed to the Citizens’ Oversight Committee by Councilmember Arriola (term to expire 10/10/24 for staggering purposes)
1. _______________________________________
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 10, 2023 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT H. 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 MAKING
APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The following person is appointed to the Civil Service Commission – 1 vacancy (term to expire 6/30/27):
1. ________________________ - term to expire 6/30/27
The following person is appointed to the Design Review Board – 2 vacancies (1 term to expire 6/30/24 and 1 term to expire 6/30/27):
1. ______________________ - term to expire either 6/30/24 or 6/30/27 The following person is appointed to the McCune Collection Commission – 2 vacancies (1 term to expire 6/30/24 and 1 term to expire 6/30/25):
1. ___________________________ - term to expire either 6/30/24 or 6/30/25 The following persons are appointed to the Participatory Budgeting Steering Committee – 4 member and 3 alternate vacancies (terms to expire 6/30/25)
1. ______________________ (member) - term to expire 6/30/25
2. ______________________ (member) - term to expire 6/30/25
3. ______________________(member) – term to expire 6/30/25
4. ______________________(member) – term to expire 6/30/25
5. _______________________(alternate) – term to expire 6/30/25
6. _______________________(alternate) – term to expire 6/30/25
7. _______________________(alternate) – term to expire 6/30/25 Adopted by the City Council of the City of Vallejo at a regular meeting held on October 10, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT H. MCCONNELL, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Eligible Applicants for Appointment – October 10, 2023 Measure P Oversight Committee Applicants – all terms are for 2 years to expire 10/10/25 District 1 Applicant (Verder-Aliga)
Kenneth Rodriguez-Praeger
District 2 Applicants (Matulac)
Loretta Gaddies
Garrett Toles
District 3 Applicants (Loera-Diaz)
Richard Hybels
Tonia Ledjiu
District 4 Applicants (Palmares)
Anna E. Bergman
District 5 Applicants (Bregenzer)
Jose (Joey) Carrizales
Jackie Jones
Dwight Monroe Jr.
Brien Farrel
Roberta Fleming
Rob'Lena (Shay) Miles
Matthew Kennedy
District 6 Applicant (Arriola)
Jasmine Salmeron
*Current Commissioner
Civil Service Commission Applicant
1 vacancy (term to expire 6/30/27)
David Sostarich
Design Review Board Applicant
2 vacancies. (1 term to expire 6/30/24 and 1 term to expire 6/30/27) Oskar Lugtu*
McCune Collection Commission Applicant
2 vacancies (1 term to expire 6/30/24 and 1 term to expire 6/30/25) Vince Tajima
Participatory Budgeting Steering Committee (PBSC) Applicants 4 member and 3 alternate vacancies (terms to expire 6/30/25) Paola Cubias-Shirazi, *Patricia Baisden (Primary Organization) and *Donald Jordan (Secondary Organization), Jessica Lorzano, and David Sostarich
CONSENT CALENDAR 9.B.
DATE: October 10, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE "SOFTWARE AS A SERVICE" AGREEMENT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $3,000,000 OVER TEN
YEARS FOR BEACON ADVANCED METERING ANALYTICS (AMA) MANAGED
SOLUTIONS SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the “Software as a Service” Agreement with Badger Meter, Inc. for an amount not to exceed $3,000,000 over ten years for BEACONâ Advanced Metering Analytics (AMA) Managed Solutions Services and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
Once implemented, AMI (Advanced Metering Infrastructure) provides a user-friendly customer interface to empower customers to better manage their individual water usage and to communicate with the City more easily on bills, water use, and other water-related matters. The AMI technology provides meter reads at 15- minute intervals from meters and transmits data four times daily. This data is immediately available and accessible to both customers and the City through a secure cellular process. The AMI technology greatly increases customers’ ability to detect leaks promptly and allows the Water Department to detect service breaks and leaks more quickly. AMI will support implementation of monthly billing (presently bi-monthly for residential customers), and the BEACON software and analytics services provided in this contract will provide the avenue by which billing efficiency, availability, and improved customer service are met. The annual per- meter fee for the BEACON software is funded in the Water Department's operating budget (while the cost to purchase and install the new meters and cellular endpoints is funded in the Capital Improvement Plan, using funds from the 2021 revenue bond issuance). This staff report and recommendation is intended to affirm the distinction in funding sources and to provide key details about the BEACON analytics software.
BACKGROUND AND DISCUSSION
On May 9, 2023, Council approved the contract with Badger Meter, Inc. (Badger) to implement the Advanced Metering Infrastructure (AMI) project. The contract package included two separate agreements with Badger, one agreement for meter replacement and installation services, and another agreement for cellular data aggregation and analytics. As the contracts were routed for signature, it became clear to staff that the agreement for cellular data aggregation and analytics provided by Badger's BEACON software was not adequately identified as a separate agreement with a separate funding source. Water Department staff is returning to Council to explicitly identify the BEACON Advanced Metering Analytics (AMA) Agreement as a separate agreement from the Badger meter purchase and installation agreement, as well as to clarify that the BEACON agreement has a separate funding source from the meter purchase and installation agreement.
AMI meter replacement and installation project is in Water's Capital Improvement Plan (CIP) budget, funded by the 2021 Revenue Bond. The BEACON Agreement is a stand-alone agreement between the
Date: October 10, 2023
Subject: ADOPT A RESOLUTION APPROVING THE "SOFTWARE AS A SERVICE" AGREEMENT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $3,000,000 OVER TEN YEARS FOR BEACON ADVANCED METERING ANALYTICS (AMA) MANAGED SOLUTIONS SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
City of Vallejo and Badger for cellular data collection, aggregation and analysis utilizing Badger’s advanced metering analytics platform. The ongoing charges for BEACON'S cellular data collection, aggregation and analysis, billed monthly once activated, will be funded by the Water Department's annual operating budget.
The scope of work for this project is well defined within the contract, and payments related to this work are only made when specific delivery and performance criteria are met. The implementation portion of the AMI project (such as installation of pilot program meters, testing and optimization, installation of new meters, and full deployment) is anticipated to last approximately 20 months, from kickoff to completion. The BEACON software supporting the long-term implementation of AMI is a ten-year contract (which can be extended). The cost of the software will be reflected as each new meter is installed and the new BEACON analytics service activated, over the planned two-year AMI implementation period. Those costs will be funded annually in Water's operating budget, not in the CIP.
The Not to Exceed value is an estimated amount based on the implementation timeline, pricing information in the contract, and projected growth in the number of residential and commercial meters over time. The unit cost to supply these services is based on each AMI cellular endpoint installed. Each installed and active endpoint will cost $0.63 per month until 2026, and that unit price will increase in year four to $0.64 per month (as seen in the table below). As the new meters are installed and put into use over time, total BEACON monthly costs increase, reflecting the anticipated number of meters that will be replaced. A projected increase in the total number of meters is also assumed in anticipation of economic development, specifically housing developments and new commercial entities over the next ten years.
The calculation is as follows:
Unit Cost ($) x 12 Months per Year x Number of Active Endpoints = Estimated Annual Cost
Table 1: Annual Estimated Costs
Year Unit Cost
($)
Estimated
Meter
Count
Annual Estimated
Cost
2023 $0.63 500 $3,780.00
2024 $0.63 20,000 $151,200.00
2025 $0.63 39,000 $294,840.00
2026 $0.63 39,273 $296,903.88
2027 $0.64 39,548 $303,728.64
2028 $0.65 39,825 $310,635.00
2029 $0.66 40,104 $317,623.68
2030 $0.67 40,385 $324,695.40
2031 $0.68 40,668 $331,850.88
Date: October 10, 2023
Subject: ADOPT A RESOLUTION APPROVING THE "SOFTWARE AS A SERVICE" AGREEMENT WITH BADGER METER, INC. IN AN AMOUNT NOT TO EXCEED $3,000,000 OVER TEN YEARS FOR BEACON ADVANCED METERING ANALYTICS (AMA) MANAGED SOLUTIONS SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
2032 $0.69 40,953 $339,090.84
Table 2: Total Cost Summary
Total Cost Estimate $2,674,348.32
10% Contingency $267,434.83
Estimate + Contingency $2,941,783.15
Not to Exceed Recommendation $3,000,000
FISCAL IMPACT
The cost of BEACON Advanced Metering Analytics is funded by the Water Enterprise Fund as an operational expense. There is no impact on the General Fund.
ENVIRONMENTAL REVIEW
Staff has reviewed the project and determined that it is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15378 of Title 19 of the California Code of Regulations as it an activity that does not qualify as a project as it will not result in a direct physical change in the environment.
ATTACHMENTS
1. BEACON Resolution_CAO Stamp
2. BEACON Contract Packet
CONTACT
Beth Schoenberger, Water Director
[email protected] (707) 648-5439
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A “SOFTWARE AS A SERVICE” (SaaS) AGREEMENT WITH BADGER METER, INC. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $3,000,000 OVER TEN YEARS FOR BEACON
ADVANCED METERING ANALYTICS (AMA) MANAGED SOLUTIONS SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo executed an agreement in May 2023 with Badger Meter, Inc. to provide all Advanced Metering Infrastructure (“AMI”) and all AMI software; and WHEREAS, the approved contract package with Badger Meter, Inc. included a stand-alone contract for Software as a Service referred to as BEACON; and WHEREAS, the BEACON software supports billing, data analytics, and customers’ and City’s access to AMI data necessary for the successful implementation of AMI; and WHEREAS, the Software as a Service agreement is a ten-year agreement for software services not to exceed $3,000,000.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the Software as a Service Agreement with Badger Meter, Inc., for a total not-to-exceed amount of $3,000,000 over a period of ten years for BEACON Advanced Metering Analytics (AMA) Managed Solutions Services.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute said Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 10, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT H. MCCONNELL, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 1 of 24
This BEACON AMA MANAGED SOLUTION MASTER AGREEMENT (“Agreement”) is entered into as of the day of , 2023 ( the “Effective Date”) by and between Badger Meter, Inc. , a Wisconsin corporation with offices located at 4545 W. Brown Deer Road, Milwaukee, Wisconsin 53223 (“Badger Meter”) , and City of Vallejo, with offices located at 555 Santa Clara Street, Vallejo, CA 94590, (“Customer”).
(1
) SERVICE. Bad ger Meter and its cellular service aggregator and data-hosting service providers (“Suppliers”) have developed a hosted, on-demand, web-based service website (“Portal”) accessible to its customers to provide metering and water usage service information, communicated through a cellular network, for its customers (“Service”), and documentation to assist customers in using the Portal and the Service (“Documentation”).
(2) RIGHT TO ACCESS AND USE THE PORTAL AND SERVICE. In consideration of the payment of the Service Fees as set forth in Section (5), Badger Meter grants to Customer, its employees and contractors that Customer approves as users of the Service (“Authorized User”) and Customer’s approved end-user water customers (“Authorized Consumer”) the right to remotely access and use the Service from the Portal (as currently configured) for Customer’s internal business use and for the benefit of its Authorized Consumers in accordance with this Agreement. Any rights and obligations in this Agreement relative to Customer and its Authorized Consumers will only be in effect when Customer affirmatively enables the EyeOnWater mobile application Service.
(3) OWNERSHIP OF PORTAL AND SERVICE.
(a) Badger Meter Service. Badger Meter owns all rights, title and interest in the Portal, Service and Documentation, including all associated intellectual property rights. Neither Customer, nor its Authorized Users or Authorized Consumers will obtain any rights, title or interest in the Portal, Service, or Documentation or any associated intellectual property rights, other than the right to access and use the Portal, Service and Documentation, subject to the terms of this Agreement. (b) S
uggestions. If Customer provides Badger Meter any suggested improvements (“Suggestions”) to the Portal, Service or Documentation, Customer agrees that Badger Meter will own all rights, title and interest in and to the Suggestions, even if Customer has designated the Suggestions as confidential.
Badger Meter will be entitled to use the Suggestions without restriction. By entering into this Agreement, Customer irrevocably assigns, conveys and transfers to Badger Meter all right, title and interest in and to the Suggestions.
(4) TERM. The term of this Agreement begins on the Effective Date and continues for a ten (10) year term unless earlier terminated in accordance with Section (16) of the Agreement (the “Term”). This Agreement will automatically renew for one, ten- (10-) year term upon expiration of the Term unless either Party provides ninety (90) days’ written notice of intent to terminate. Both parties agree to negotiate the service unit pricing before the automatic renewal occurs.
(5) FEES.
(a) Service Fees. In consideration for the right to access and use the Portal, Service and Documentation, Customer agrees to pay Badger Meter certain fees (“Service Fees”) to obtain enterprise- wide access to the Portal, Service and Documentation, authorizing all of its Authorized Users and Authorized Consumers to use the Portal and Service and Documentation in accordance with the terms of
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 2 of 24
this Agreement, pursuant to the pricing set forth in Exhibit 1 - Fees. (b) Taxes and Surcharges. Customer will be responsible to pay any sales, use, value added or excise taxes or surcharges resulting from use of the Portal, Service and Documentation by Customer, its Authorized Users or Authorized Consumers, excluding taxes due on Badger Meter’s income. Customer will not be responsible for payment of taxes or surcharges resulting from its use of the cellular service included as part of the Service, as those charges are included in the Service Fees. (c) Updated Schedule of Fees. At least ninety (90) days prior to the expiration date of the Term (“Anniversary Date”), Badger Meter will provide Customer with an updated Schedule of Fees for the Service for the upcoming contract term.
(6) RESTRICTIONS ON RIGHT TO USE. Customer agrees that Customer, its Authorized Users and Authorized Consumers will not use or permit or assist another to use the Portal, Service or Documentation in violation of this Agreement and will not:
(a) Sell, license, resell, sublicense, or otherwise permit any third parties other than Authorized Users or Authorized Consumers to access or use the Portal, Service, or Documentation. (b) Remove patent, copyright, trademark or other intellectual property markings from the Portal, Service or Documentation.
(c) Modify, alter, tamper with, repair or otherwise create derivatives from the Portal, Service or Documentation.
(d) Copy, reverse engineer, disassemble or decompile the Portal, Service or Documentation or apply any other process or procedure to derive the source code from any software included in the Portal or Service. (e) Use the Portal or Service in a manner that violates any applicable international, federal, state or local laws, rules or regulations
(f) Assert or authorize, assist or encourage any third party to assert against Badger Meter, its affiliates, customers, vendors, business partners, Servicers or licensors any intellectual property infringement Claim regarding the Portal, Service or Documentation.
(g) Transmit content or messages that are illegal, fraudulent, threatening, abusive, defamatory, or obscene. (h) Make any unauthorized connection to Badger Meter’s information technology architecture (“Network”)
(i) Communicate any unsolicited commercial, voice, SMS, or other message. (j) Upload or transmit any “virus,” “worm,” or malicious code or access, alter, or interfere with the communications of and/or information about another customer. (k) Take acti
ons that could cause damage to or adversely affect Badger Meter, the Service, Portal, Suppliers, Network or the property or reputation of Badger Meter or its Suppliers.
Customer and Badger Meter agree to make good faith efforts to minimize abuse or fraudulent use of the Portal and Service, to promptly report to each other any such abuse or fraudulent use of which they become aware, and to fully cooperate in any investigation or prosecution initiated by Badger Meter, its Suppliers or Customer related to abuse or fraudulent use of the Portal and Service. (7) CUSTOMER S
UPPORT. Badger Meter will provide Customer the support services described in Exhibit 2 - Service Level Agreement.
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 3 of 24
(8) CUSTOMER DATA.
(a) Customer Data Defined. Customer, its Authorized Users and Authorized Consumers may provide Badger Meter and its Suppliers certain, customer billing information, personally identifiable information or other content (“Customer Data”). Customer Data is further defined as all meter register, interval and alarm data that is connected through the Service and stored in the Portal. (b) Ownership. The Parties agree that the Customer Data is and shall remain the sole and exclusive property of Customer and/or its licensors or Authorized Consumers, including but not limited to any intellectual rights in the Customer Data.
(c) Use of Customer Data by Badger Meter. Customer, its Authorized Users and Authorized Consumers consent to Badger Meter and its Suppliers’ right to host, access, store, copy and use the Customer Data as reasonably necessary to provide, maintain, repair and enhance the Portal, Service and Documentation. Badger Meter may disclose certain Customer Data only to provide the Service to Customer, its Authorized Users and Authorized Consumers or to comply with the law or request of a governmental or regulatory body (including subpoenas or court orders as described in Section 9.)
(d) Customer Responsibilities. Customer is solely responsible for the development, content, operation and maintenance of the Customer Data, including but not limited to the technical operation of the Customer Data, and ensuring that calls made to the Service from Customer’s network are compatible with then-current API’s for the Service. Customer endeavors to use its best efforts to ensure that Customer, its Authorized Users and Authorized Consumers comply with the Badger Meter Terms of Use Policy, the Badger Meter Privacy Policy or any other policies referenced in this Agreement and the law. (9) CONFIDENTIALITY.
(a) Confidential Information Defined. For purposes of this Agreement, Confidential Information means all nonpublic information disclosed by one party to the other that is designated as confidential or that given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential, including but not limited to: (a) nonpublic information related to Badger Meter or its affiliates, Suppliers, business partners, technology, customers, business plans, intellectual property, promotional and marketing activities, finances and other business affairs; (b) third party information Badger Meter is obligated to keep confidential; (c) the content and existence of any discussions or negotiations between the parties; (d) Badger Meter’s intellectual property used in providing the Portal, Service or Documentation; (e) Customer Data; and (f) Traffic Data, as defined below. (b
) Protection of Confidential Information. To the extent permitted by law, the parties agree to hold the other party’s Confidential Information in strict confidence and will not copy, reproduce, give, sell, assign, license, market, transfer or otherwise dispose of the Confidential Information of the other party to any third parties or use the Confidential Information for any purposes whatsoever other than as contemplated by this Agreement. The Parties will take commercially reasonable steps to avoid disclosure, dissemination or unauthorized access to or use of the Confidential Information during the Term and for a period of five (5) years after the end of the Term, except that Confidential Information which is designated as a trade secret which shall continue to be subject to these confidentiality obligations in perpetuity. Customer agrees it will not misrepresent or embellish the relationship between the Parties (including by expressing or implying that Badger Meter supports, sponsors, endorses or contributes to Customer or its business endeavors) or express or imply any relationship or affiliation between Badger Meter and Customer or any other person or entity except as expressly permitted by this Agreement.
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(
c) Traffic Information. All de-identified data (generally, aggregated system data stripped of personal identifiable information “PII”) generated or collected by Badger Meter through operation of the Portal and Service is referred to as the “Traffic Data.” All Traffic Data shall be the Confidential Information of and owned exclusively by Badger Meter.
(d) Third Party Requests for Confidential Information. Neither party may disclose the other party’s Confidential Information except to a Supplier subject to the restrictions in this Agreement or an Authorized User or Authorized Consumer except as otherwise required by law. If a party receives a request for access to the other party’s Confidential Information from a third party, the receiving party agrees to inform the disclosing party in writing within three (3) business days of receipt of the request unless prohibited by law. (e) Exclusions from Confidential Information. Confidential Information of a party shall not include information which: (i) is in or becomes part of the public domain through no fault of the receiving party; (ii) the receiving party can prove was known to it prior to its receipt from the disclosing party without reference to the Confidential Information; (iii) is independently developed by the receiving party outside of this Agreement without use of the disclosing party’s Confidential Information; or (iv) is obtained by the receiving party from a third party which had no obligation of confidentiality to the disclosing party. (f) California Public Records Act. Notwithstanding anything to the contrary set forth in this section (10), Customer is a California Charter City and is subject to the California Public Records Act as set forth in Chapter 3.5 of Division 7 of Title 1 of the California Government Code (CPRA). All records in the possession of Customer are deemed public records pursuant to the CPRA and are presumptively discloseable unless subject to the exceptions set forth in the CPRA and elsewhere. Any disclosure made by Customer, including the disclosure of Confidential Information, required to made under the CPRA shall not be a breach of this section (10). However, Customer shall, upon receiving a CPRA request from a member of the public that includes Confidential Information, provide at least 10-days’ notice of the request to Badger Meter during which time Badger Meter may, in its discretion, seek an injunction to prevent disclosure of the information. If no such injunction is issued within the 10-day period, Customer may disclose all requested non-exempt information including any Confidential Information. (10) CUSTOMER’S REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to Badger Meter that:
(a) Authority. Customer has the right and authority to enter into this Agreement and to meet its financial and legal obligations under this Agreement.
(b) Ownership. Customer, its licensors or its Authorized Consumers, own all rights, title and interest in and to the Customer Data. Customer has all rights in the Customer Data necessary to grant the rights to Badger Meter contemplated under this Agreement.
(c) Compliance with Badger Meter Policies. None of the Customer Data or the use of the Customer Data, the Portal or Service by Customer, its Authorized Users or its Authorized Consumers will violate Badger Meter’s BEACON Terms of Use https://beaconama.net/termsofuse.html or Privacy Policy https://beaconama.net/privacy/privacy.html.
If the information contained in these links contradicts this Agreement, the terms of this Agreement govern to the extent permitted by law.
(d) Compliance with the Law. C
ustomer will not access or use the Portal, Service or Documentation in any manner that violates any applicable international, federal, state or local laws and/or regulations, including but not limited to all applicable data protection, intellectual property and privacy laws and
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Customer will utilize its best efforts to ensure that Authorized Users and Authorized Consumers do not access or use the Portal, Service or Documentation in any manner that violates any applicable international, federal, state or local laws and/or regulations, including but not limited to all applicable data protection, intellectual property and privacy laws
(11) REPRESENTATIONS AND WARRANTIES OF BADGER METER.
(a) Authority. Badger Meter represents and warrants to Customer that it has the right and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) Service Warranty. Badger Meter represents and warrants to Customer that the Portal and Service will be provided pursuant to Exhibit 2 – Service Level Agreement. In providing the Portal and Service, Badger Meter will maintain sufficient data storage capacity to satisfy the technical requirements and required storage capacity to host the Portal and Service, in its reasonable discretion. If after investigation per section 4 of Exhibit 2, it is determined that Customer intentionally or negligently allowed unauthorized users to access the Portal, Service or Documentation, this express limited warranty will immediately become null and void until such unauthorized use is discontinued.
(c) Remedy for Breach of the Express Limited Warranty. I f the Portal, Service or Documentation fail to meet the terms of the express limited warranty set forth in Section 11(b), Customer is required to notify Badger Meter promptly as defined in Exhibit 2 – Service Level Agreement. Customer’s exclusive remedy for a breach of the express limited warranty is a Service credit to be calculated in accordance with Exhibit 2 – Service Level Agreement.
(d) DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 11(b), BADGER METER MAKES NO OTHER
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE PORTAL, SERVICE OR DOCUMENTATION. BADGER METER EXPRESSLY DISCLAIMS ANY
OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE PORTAL,
SERVICE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, INDUSTRY PRACTICE OR USAGE OF TRADE.
BADGER METER EXPRESSLY DISCLAIMS THAT THE PORTAL AND SERVICE WILL BE
UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND
EXPRESSLY DISCLAIMS ANY WARRANTIES AS TO THE RELIABILITY, QUALITY,
SECURITY, CONDITION, DESIGN, SUITABILITY, INTER-OPERABILITY, AVAILABILITY,
COMPLETENESS OF THE PORTAL OR SERVICE OR THAT ANY DATA, INCLUDING THE CUSTOMER DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. (e) ESSENTIAL TERMS. THE ENFORCEABILITY OF THIS SECTION (11) IS ESSENTIAL TO BADGER METER’S WILLINGNESS TO ENTER INTO THIS AGREEMENT WITH CUSTOMER.
(12) LIMITATION OF LIABILITY
(a) DIRECT DAMAGES. IF ANY PARTY DEFAULTS IN ITS OBLIGATIONS UNDER THIS
AGREEMENT, THE NON-BREACHING PARTY WILL BE ENTITLED TO RECOVER FROM
THE BREACHING PARTY ONLY THE ACTUAL AND DIRECT DAMAGES THAT THE NON-BREACHING PARTY MAY INCUR AS A RESULT OF SUCH BREACH.
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(b) CAP ON DAMAGES. NEITHER PARTY’S NOR ANY OF ITS RESPECTIVE AFFILIATES
ANNUAL LIABILITY UNDER THIS AGREEMENT WILL EXCEED THE LESSER OF (A) THE
AMOUNTS THE CUSTOMER ACTUALLY PAYS BADGER METER UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIMDURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $250,000. NOTHING IN THIS SECTION 12 WILL LIMIT CUSTOMER’S OBLIGATION TO PAY BADGER METER FOR USE OF THE SERVICES PURSUANT TO SECTION 5.
(c) LIMITS ON DAMAGES. EXCEPT FOR PAYMENT OBLIGATIONS ARISING UNDER SECTIONS (13) AND (14) (INDEMNIFICATION), NEITHER PARTY NOR ANY OF ITS
RESPECTIVE AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE TO THE
OTHER PARTY, AN AUTHORIZED USER, AUTHORIZED CONSUMER OR ANY THIRD
PARTY FOR ANY CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, FINES, JUDGMENTS SETTLEMENTS, COSTS, EXPENSES, ATTORNEY’S FEES, AND COURT
COSTS OR ANY OTHER LIABILITIES OF ANY NATURE WHATSOEVER, INCLUDING
BUT NOT LIMITED TO THE PORTAL, SERVICE, DOCUMENTATION, OR THE SUBJECT MATTER OF THIS AGREEMENT (“CLAIM”).
FURTHER, NEITHER PARTY NOR ANY OF EITHER PARTY’S RESPECTIVE AFFILIATES,
SUPPLIERS OR LICENSORS SHALL BE LIABLE TO THE OTHER PARTY, AN
AUTHORIZED CONSUMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES,
LOST REVENUE OR PROFITS OR DIMINUTION OF VALUE, OR OTHER ECONOMIC
ADVERSITY, CLAIMS RESULTING FROM LOSS OF CUSTOMER DATA, OR BREACH OF
CONFIDENTIALITY, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION
WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE, WHETHER OR NOT THE PARTY WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
NEITHER BADGER METER NOR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS
WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH: (A) CUSTOMER’S INABILITY TO USE THE PORTAL OR SERVICE, INCLUDING AS A RESULT OF ANY: (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SERVICE ; OR (ii)
WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENT,
ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE
SERVICE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO AS A RESULT OF A POWER OUTAGE, SYSTEM FAILURE OR OTHER INTERRUPTION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY INVESTMENTS, EXPENDITURES
OR COMMITMENTS MADE BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SERVICE OR (D) ANY UNAUTHORIZED
ACCESS TO, ALTERATION OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER’S DATA.
(13) CUSTOMER’S INDEMNIFICATION OBLIGATIONS.
(a) Generally. Customer agrees to defend, indemnify, and hold harmless Badger Meter as well as its parents, subsidiaries, affiliates, officers, employees, agents, licensors, Suppliers, representatives and customers and each of their respective employees, officers, directors, members and representatives (the
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“Badger Meter Parties”), against any and all Claims made against the Badger Meter Parties by any third party arising out of or related to: (i) Customers, Authorized Users or Authorized Consumers access and use of the Portal, Service, or Documentation; (ii) the subject matter of this Agreement ; (iii) violation of applicable law by Customer or its Authorized Users; or (iv) a dispute between Customer and any Authorized User or Authorized Consumer.
(b) Procedure for Indemnification. Upon receipt of a Claim, Badger Meter will provide prompt written notice to Customer of the Claim for which the Badger Meter Parties seek indemnification. Badger Meter’s failure to promptly notify Customer will only affect Customer’s obligation to indemnify the Badger Meter Parties to the extent such failure causes actual prejudice to Customer’s ability to defend the Claim. The notice must include a description of the Claim with reasonable detail of the facts giving rise to the Claim. Upon receipt of notice of a Claim, Customer shall be obligated to assume and control the defense of such Claim at its own expense. The Badger Meter Parties may retain their own counsel to cooperate in defending the Claim, at their own expense. The Badger Meter Parties agree to cooperate with Customer in defending the Claim and in making available to Customer all witnesses, records, materials and information in their possession or control to assist in the defense of the Claim, as is reasonably requested by Customer. Customer may not settle or compromise any Claim or consent to the entry of any judgment unless Badger Meter provides prior written consent and the Badger Meter Parties are given an unconditional written release from Customer with respect to the Claim. In the event Customer fails to defend, indemnify, and hold the Badger Meter Parties harmless, after notice of a request for indemnification, the Badger Meter Parties shall be entitled to assume the defense and seek reimbursement from Customer for all losses with regard to the Claim and all attorneys’ fees and litigation costs expended by the Badger Meter Parties in defending the Claim.
(14) BADGER METER’S INDEMNIFICATION OBLIGATIONS.
(a) Generally. Subject to the limitations of liability provisions set forth in Section (12) of this Agreement, Badger Meter agrees to indemnify, defend and hold harmless Customer, and as applicable its officers, directors, members, board members, governing members, trustees, commissioners, elected and appointed officials, employees, agents, consultants and other representatives (“Customer Parties”) from and against any legal proceedings filed against the Customer Parties by a third party based upon the allegations that the Portal, Service or Documentation infringes or violates a third party’s patent, copyright or other intellectual property rights (“Intellectual Property Dispute”). (b) Mitigation. If the Portal, Service or Documentation becomes the subject of an Intellectual Property Dispute and is enjoined, Badger Meter will have the right to (i) procure for Customer the right
to continue using the Portal and Service; (ii) modify the Portal and Service to avoid allegations of infringement, provided the modification does not materially change the functionality of the Portal and Service; (iii) replace the Portal and Service with an equally suitable, functionally equivalent, non-infringing Portal and Service; or (iv) immediately terminate this Agreement and provide Customer with a refund of any unused pre-paid portion of the Service Fees.
(c) Exclusions. Badger Meter assumes no liability for and Customer will not be entitled to receive indemnification from Badger Meter for any Intellectual Property Dispute which results directly and solely from (i) Customer’s failure to use the Portal or Service in conformity with the Documentation; (ii) Customer’s actions in combining the Service with any third party software, technology, hardware or data; or (iii) Customer’s violation of access granted in Section (2). (d) Procedure for Indemnification. U pon receipt of an Intellectual Property Dispute, Customer will provide prompt written notice to Badger Meter of the Intellectual Property Dispute for which the Customer Parties seek indemnification. Customer’s failure to promptly notify Badger Meter will only
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affect Badger Meter’s obligation to indemnify the Customer Parties to the extent such failure causes actual prejudice to Badger Meter’s ability to defend the Claim. The notice must include a description of the Intellectual Property Dispute with reasonable detail of the facts giving rise to the Intellectual Property Dispute. Upon receipt of notice of an Intellectual Property Dispute, Badger Meter shall be obligated to assume and control the defense of such Intellectual Property Dispute at its own expense. Customer may retain its own counsel to cooperate in defending the Intellectual Property Dispute, at its own expense.
Customer agrees to cooperate with Badger Meter in defending the Intellectual Property Dispute and in making available to Badger Meter all witnesses, records, materials and information in Customer’s possession or control to assist in the defense of the Intellectual Property Dispute as is reasonably requested by Badger Meter. Badger Meter may not settle or compromise any Intellectual Property Dispute or consent to the entry of any judgment unless Customer provides prior written consent and the Customer is given an unconditional written release from Badger Meter with respect to the Intellectual Property Dispute. In the event Badger Meter fails to defend, indemnify, and hold the Customer Parties harmless, after notice of a request for indemnification, Customer shall be entitled to assume the defense and seek reimbursement from Badger Meter for all losses with regard to the Intellectual Property Dispute and all attorneys’ fees and litigation costs expended by Customer in defending the Intellectual Property Dispute. (15) TERMINATION.
(a) Termination for Convenience. Customer may terminate this Agreement for any reason by providing Badger Meter written notice of termination at least ninety (90) days in advance of the effective date of such termination. Badger Meter shall be entitled to receive just and equitable compensation for any services performed hereunder through the date of the termination. After receipt of a notice of termination for convenience, Badger Meter will exercise reasonable diligence to accomplish the cancellation or diversion of related services and settle all outstanding liabilities associated with the cancellation of such commitments.
(b) Termination for Cause. A party is in default under this Agreement if it materially breaches or materially fails to perform its obligations under this Agreement, which includes any failure to make undisputed payments pursuant to Section (5) (“Event of Default”). (c) Opportunity to Cure. Upon the occurrence of an Event of Default, the non-defaulting party shall deliver a written notice describing the Event of Default (the “Cure Notice”). If the receiving party has not cured the Event of Default within thirty (30) days after receipt of the Cure Notice, then the non- defaulting party shall have the right to terminate this Agreement, at its option, by delivering to the defaulting party a written notice of termination (the “ Termination Notice”). (d) Immediate Right to Terminate. Badger Meter shall have the right to immediately terminate this Agreement: (i) in order to protect its Confidential Information, or its Intellectual Property Rights in the Portal or Service; (ii) in order to comply with applicable law (iii) if Customer makes any representation or warranty which is materially untrue as of the Effective Date or at any time during the Term; or (iv) upon an assignment for the benefit of creditors, if Customer suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under any statute relating to insolvency or for the protection of creditor rights or if a party becomes insolvent or technically bankrupt. (e) Termination. Upon delivery of the Termination Notice to Customer by Badger Meter: (i) Badger Meter may cease providing Services to Customer, its Authorized Users and Authorized Consumers; (ii) Customer, its Authorized Users and Authorized Consumers will have no further right to use the Portal, Service or Documentation, will immediately cease using the Portal, Service and Documentation, and will receive no further Service; (iii) Customer will deliver to Badger Meter any Confidential Information of Badger Meter’s in its possession or control, and
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(iv) Badger Meter may cease gathering data from Customer’s endpoints, within a reasonable time, up to one hundred twenty (120) days after termination. Within a reasonable time after termination, at Badger Meter’s discretion, Badger Meter will scrub the personally identifiable information from the Customer Data. Customer must immediately return, or at Badger Meter’s option, destroy all Documentation provided to Customer by Badger Meter. Customer will remain liable for any Service Fees incurred prior to termination.
(f) Post – Termination Assistance. At either the expiration of the Term without renewal, or upon a default by Customer and subsequent termination, Badger Meter will provide post- termination data retrieval assistance to Customer for an additional fee, which shall be invoiced at the rate of $200/hour, with the number of hours required determined by the amount of data Customer wishes to extract from the Service. Any additional post- termination assistance from Badger Meter is subject to mutual agreement by the parties.
(g) Reinstatement Fee. If Customer desires to reinstate access to the Portal and Service after termination, a reinstatement fee of $7.50 per endpoint reinstated will apply. (16) SUSPENSION OF SERVICES.
(a) Nonpayment. Badger Meter may suspend the Service and access to the Portal and shall not be obligated to provide access to the Portal and Service to Customer, its Authorized Users or Authorized Consumers until all outstanding undisputed invoices for the Service have been paid in full, including any fees associated with suspension of the Service.
(b) Network Protection. Customer acknowledges that Badger Meter (and any of its Suppliers) may restrict, or suspend all or a portion of the Service or limit the Service as may be reasonably necessary to prevent or limit suspected fraud or any problem that materially and adversely affects the performance of the Service and/or is likely to do substantial damage to Badger Meter, Badger Meter’s customers or Suppliers. Some of these actions may interrupt or prevent legitimate communications and usage. Such situations may arise: (a) if a device deployed on the Service is materially out of compliance with the technical requirements; (b) in case of actual or suspected fraudulent use; or (c) in case of disruptive or damaging operation.
(c) Notification. In the event that Badger Meter or one of its Suppliers restricts, suspends or cancels any portion of the Service or limits the operation of the Service, Badger Meter shall use reasonable efforts to (i) promptly notify Customer in advance; (ii) provide reasonable information regarding its identification of the issue that resulted in the actions taken; and (iii) reinstate Service upon resolution of the issue as soon as practicable and in any case within a reasonable timeframe. (d) Immediate Suspension. Badger Meter may suspend Customer’s or an Authorized Users or Authorized Consumers right to access or use the Service immediately upon notice to Customer if Badger Meter determines:
(i) Use of the Service poses a security risk to the Service, the Network or any third party, adversely impacts the Service, the Network or data of any other Badger Meter customer, or subjects Badger Meter or any third party to liability or fraud.
(ii) Customer or one of its
Authorized Users or Authorized Customers is in breach of this Agreement or Customer is delinquent on its payments for more than fifteen (15) days. (iii) Badger Meter ceases to operate in the ordinary course, has an assignment for the benefit of creditors or similar disposition of its assets or becomes the subject of any bankruptcy, reorganization, liquidation dissolution or similar proceeding.
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(e
) Reinstatement. Badger Meter will use commercially reasonable efforts to restore Customer’s rights to use and access those portions of the Service or accounts that gave rise to the suspension promptly after the problem giving rise to the suspension has been resolved. (f) Effect of Suspension. If Badger Meter suspends Customer’s right to access or use all or any portion of the Service or the Portal:
(i) Customer remains responsible for all Service Fees and undisputed charges incurred through the date of suspension.
(ii) Customer remains responsible for any applicable Service Fees and charges for any Services to which Customer has continued access.
(iii) Customer will not be entitled to any service credits under the Service Level Agreement for any period of suspension.
(iv) Badger Meter’s right to suspend the Services is in addition to Badger Meter’s right to terminate this Agreement.
(17) COMPLIANCE WITH REGULATIONS; DATA PRIVACY. Each party is responsible for complying with industry standards and such applicable laws and regulations, including, but not limited to, the generally accepted practices in the information technology service management industry for providing secure data handling and management, including meeting or exceeding Information Technology Infrastructure Library (ITIL) standards for logical and physical security and all requirements regarding the protection of data in its possession or under its control. A party will not be liable for any failure of the other party to comply with this requirement.
(18) DATA SECURITY AND RECOVERY.
(a) Data S
ecurity. In order to protect the Customer Data and prevent unauthorized access to or use of the Customer Data, Portal or Service, Badger Meter has implemented commercially reasonable internal procedures and systems designed to protect the privacy and security according to the requirements set forth in Exhibit 3 – BEACON AMA Managed Solution Security Policy (“Security Standards”), consistent with applicable international, federal, state and local laws. The purpose of the security policy is to identify reasonably foreseeable and internal risks to security and unauthorized access to Badger Meter’s Network and minimize security risks, including through risk assessment and regular testing. Badger Meter will designate one or more employees to coordinate and be accountable for the security program. (b) Protection of Customer Data. B
adger Meter will implement reasonable and appropriate measures for the Badger Meter Network designed to help Customer secure the Customer Data against accidental or unlawful loss, access or disclosure in accordance with Badger Meter’s Security Standards. Badger Meter may modify its Security Standards from time to time but will continue to provide at least the same level of security as described in the Security Standards as of the Effective Date. The security and data privacy provisions in this Section contain Badger Meter, and its Suppliers entire obligation regarding the security, privacy and confidentiality of the Customer Data.
(c) Data Storage. Badger Meter will employ commercially reasonable storage (including backup, archive and redundant data storage) and commercially reasonable precautions to prevent the loss of or alteration of Customer Data, but does not guarantee against any such loss or alteration. Badger Meter will not serve as Customer’s official record keeper. Customer will maintain source documents of the Confidential Information (such as billing information) hosted by Badger Meter under this Agreement.
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(d
) Customer Responsibilities. Customer is responsible for properly configuring and using the Service and taking steps to maintain appropriate security, protection and backup of the Customer Data, including but not limited to the use of encryption technology to protect Customer Data from unauthorized access and will perform routine archiving of the Customer Data. Further, Customer is responsible for regularly auditing its Authorized Users, and will enact internal procedures to remove Authorized Users from the Service if their job duties change and access is no longer appropriate, or if an Authorized User separates from Customer.
(e) Data Transmission Risks.
(i) Cellular Transmissions.
Badger Meter cellular endpoints conform to the AES256 encryption standards or the latest AES standard in effect. Customer acknowledges that neither Badger Meter nor its Suppliers can guarantee the privacy or security of any cellular transmissions as part of the Service.
Customer acknowledges that cellular transmissions are capable of being intercepted by third parties without the knowledge or permission of Badger Meter or its Suppliers. Badger Meter and its Suppliers shall not be liable to Customer, the Authorized Users, the Authorized Consumers or any third party for interception or unauthorized use of any data transmitted through the cellular network, as part of the Service.
(ii) Internet Transmissions. Customer acknowledges that security of transmissions over the Internet cannot be guaranteed. Badger Meter is not responsible for: (i) Customer’s access to the Internet; (ii) interception, unauthorized use or interruptions of communications through the Internet; or (iii) changes or losses of data through the Internet, in each case other than to the extent caused solely by Badger Meter. In order to protect Customer Data, Badger Meter may suspend Customer, Customer’s Authorized Users or Authorized Consumers access to or use of the Badger Meter Portal or Service via the Internet immediately, without prior notice, pending an investigation of any potential security breach.
(f) Coverage Availability. T
he Service is provided using a wireless network. Actual signal availability in the Service Area will depend on the device used to access the Service as well as coverage for the applicable wireless network provided in specific geographic regions. Coverage may be refused, interrupted or limited by environmental factors such as signal strength, buildings, weather, geography, topography, or by factors affecting the Suppliers, such as usage concentration or by facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the Supplier’s facilities. Any such factors may result in dropped and blocked connections or slower data speeds. Neither Badger Meter nor any of its Suppliers will be responsible to Customer or any of Customer’s Authorized Users or Authorized Consumers for any such lapses in or obstructions to coverage. The Service Area is subject to change from time to time. Should Badger Meter receive notice from its Supplier that such Supplier intends to discontinue its support for the Badger Meter Service in all or part of the Service Area, Badger Meter will provide Customer with as much advance notice as practicable under the circumstances.
(g) Password Protection. Customer, its Authorized Users and Authorized Consumers will be required to select and use certain user names, passwords or codes to access and use the Service and Portal.
Customer assumes sole responsibility for the selection, management and use of any codes or passwords as may be permitted or required for the access to and use of the Portal and Service by Customer, its Authorized Users and its Authorized Consumers. Customer agrees to maintain the privacy of usernames and passwords associated with the Badger Meter Portal and Service. Customer shall remain responsible for all activities that occur under Customer’s password or Internet account. Customer will immediately
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notify Badger Meter of any unauthorized use of Customer’s password or Internet account or any other breach of security, and ensure that Customer exits from Customer’s Internet account at the end of each session. Badger Meter shall not be liable for any damages incurred by Customer or any third party arising from Customer’s failure to comply with this Section.
(h) Third Party Access. To the extent that Customer requests that Badger Meter provide any Customer Data to Authorized Users, Authorized Consumers or third parties or any non-U.S. location, Customer represents that it has acquired any consents or provided any notices required to transfer such content or information and that such transfer does not violate any applicable international, federal, state or local laws and/or regulations.
(i) Security Breach. If Badger Meter becomes aware of a security breach or that compromises the security, confidentiality or integrity of the Customer Data (“Breach”), Badger Meter will promptly notify Customer in writing and take appropriate actions to resolve the Breach. Badger Meter will reasonably cooperate with Customer to investigate the nature and scope of any Breach. In its initial notification to Customer, Badger Meter will provide Customer with: (i) a description of the Breach; (ii) the estimated impact of the Breach on Customer’s Data; (iii) the name and contact information of the person at Badger Meter who will be primarily responsible for resolving the issues for Customer; and (iv) the investigation taken and the suggested corrective action. Badger Meter will provide commercially reasonable cooperation to Customer in investigating, assisting with notification of the Breach and taking corrective action as requested by Customer.
(j) Notification of Breach. In the event that applicable law requires notification to individuals of a Breach or if requested by Customer, Badger Meter will take additional mitigation steps for the benefit of Customer, including, but not limited to, providing reasonable assistance with drafting and sending of required notifications.
(19) CHANGES.
(a) Right to Make Changes. Badger Meter may from time to time make changes, without Customer’s approval, to the Terms of Use or the Privacy policies, provided that such changes: (i) do not increase Customer’s total costs of accessing and using the Portal and Service during the Term of this Agreement ; (ii) do not require Customer to make any material changes to its systems, software, equipment, policies or procedures ; (iii) do not have a material adverse impact on the functionality, interoperability, performance, reliability, security or resource efficiency of the Portal and Service ; (iv) do not materially reduce the scope of the Portal and Service; and (v) are otherwise consistent with this Agreement. Badger Meter will publicize any changes by a notice given to Customer or by a prominent announcement on the Portal. Any such changes will not take effect until thirty (30) days after posting of notice on the Portal.
By continuing to use the Service after the effective date of the modification to a policy, Customer agrees to be bound by the modified policies. It is Customer’s responsibility to check the Badger Meter site regularly for modifications to the policies.
(b) Emergency Changes; System Improvement. Notwithstanding the foregoing, Badger Meter and its Suppliers may make temporary changes to the Portal and Service required by an emergency or threat to the security or integrity of the Portal or Service, to respond to Claims, litigation or loss of license rights related to third party intellectual property rights or to comply with the law or requests of a government entity, as well as take actions deemed reasonably necessary to protect or optimize the Service. Some of these actions may interrupt or prevent legitimate communications and usage, including, for example, use of message filtering/blocking software to prevent SPAM or viruses, limitations on throughput, and scheduled maintenance. Badger Meter will provide notice by sending a message to the email address then associated with Customer’s account and by posting it on Badger Meter’s Portal. Badger Meter will
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 13 of 24
provide Customer with: (i) at least thirty (30) days’ advance notice of planned maintenance by Badger Meter; and (ii) as much advance notice as reasonably possible of emergency changes or maintenance by Badger Meter or its Suppliers. Any actions resulting in permanent changes shall only be made in compliance with Section (19) (a).
(20) RIGHT TO SUBCONTRACT. Badger Meter may subcontract the performance of any of its cellular or web-services duties or obligations under this Agreement, and will use commercially reasonable efforts to subcontract only with subcontractors that have the requisite skills to perform any subcontracted obligations in accordance with the terms of this Agreement. (21) GENERAL.
(a) Binding Agreement. This Agreement is binding upon and will inure to the benefit of the parties and their respective successors and assigns.
(b) Affiliates. This Agreement covers only the employees and agents of Customer. If Customer wishes to have any entity that directly or indirectly controls, is controlled by or is in common control with Customer to access the Portal and use the Service, Customer’s Affiliate must execute a separate agreement with Badger Meter.
(c) Assignment. Either party may assign its rights and obligations under this Agreement with the express written consent of the other party, which consent will not be unreasonably withheld or delayed.
Any purported assignment or transfer in violation of this Section will be null and void. Notwithstanding the foregoing, Badger Meter may assign its rights and obligations under this Agreement without the consent of Customer: (i) upon a sale of a majority of its outstanding capital stock to an affiliate or third party; (ii) if it sells all or substantially all of its assets; (iii) in the event of a merger; or (iv) in the event of a similar change of control.
(d) No Waiver. The waiver or failure of either party to exercise any right or remedy provided under this Agreement will not be deemed a waiver of any further right or remedy. All waivers must be in writing to be effective.
(e) Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions of this Agreement will be interpreted to effectuate the intent of the original Agreement. If such construction is not possible, the invalid or unenforceable portion of the Agreement will be severed from this Agreement, and the remainder of the Agreement will remain in full force and effect. (f) Independent Contractors. The Parties agree that they are independent contractors and that neither party nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
(g) Savings C
lause. The invalidity of any provision of this Agreement shall not affect the validity and binding effect of the remaining provisions.
(h) No Third Party Beneficiaries. Nothing express or implied in this Agreement shall confer any rights, remedies, obligations or liabilities whatsoever to third parties which are not signatories to this Agreement.
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 14 of 24
(i)
Governing Law. To the extent permitted by law, the terms of this Agreement are governed by the laws of the State of Wisconsin, without reference to its conflict of laws principles. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. (j) No Claims Against or Liability of Badger Meter Suppliers. Customer acknowledges that the Service utilizes services that are furnished to Badger Meter and one or more Suppliers pursuant to agreements between Badger Meter and its Suppliers. Neither Customer nor any Authorized Users or Authorized Consumers has a contractual relationship with Badger Meter’s Suppliers and neither Customer nor its Authorized Users or Authorized Consumers is a third party beneficiary of or will have any claim against Badger Meter’s Suppliers in the event any such agreement expires or is terminated. Customer further acknowledges that the Suppliers disclaim all liability of any nature, whether legal or equitable, to Customer, its Authorized Users or Authorized Consumers, whether direct, indirect, incidental or consequential, arising out of the use of Badger Meter Portal or Service by Customer, its Authorized Users or Authorized Consumers, including any liability for personal injury or death, failure to be able to use the Service or otherwise. Customer agrees that neither it nor any Authorized Users or Authorized Consumers shall have any Claim against the Supplier of any kind with respect thereto, whether arising out of breach of contract, warranty, negligence, and tort or otherwise. (k) Dispute Resolution.
(i) Initial Resolution Efforts. The parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) between the parties or any of their respective subsidiaries, affiliates, successors and assigns under or related to this Agreement or any document executed pursuant to this Agreement or any of the transactions contemplated hereby.
(22) INJUNCTIVE RELIEF: Notwithstanding the provisions of Section 21, to the extent permitted by law, Badger Meter shall have the right to pursue injunctive, declaratory or other relief by the state and federal courts
sitting in Milwaukee, Wisconsin and waive any objection that they would otherwise have to venue in such courts. (23) NOTICES. All notices shall be in writing and delivered to the other party by means of: (a) personal delivery set forth below; (b) courier (signature required upon delivery); (c) recognized overnight courier, at the following address; (d) fax with proof of delivery; or (e) via electronic mail with proof of delivery:
Notices sent by email will be effective when sent and notices posted on Badger Meter’s Portal will be effective upon posting. All notices must be provided in the English language.
If to Badger Meter:
Legal Department, Attn: Assistant General Counsel 4545 W.
Brown Deer Road
Milwaukee, WI 53223
If to Customer:
City of Vallejo
(24) SURVIVABILITY. Any provision of this Agreement which by its nature should survive termination or expiration of this Agreement shall survive its expiration or termination. (25) LIMITATION OF CLAIMS. No action arising under or in connection with this Agreement, regardless of the form, may be brought by Customer more than two (2) year after Customer becomes aware of or should reasonably have become aware of the occurrence of events giving rise to the Claim.
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BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 15 of 24
(26) FORCE MAJEURE. Neither party shall be liable to the other or any third party by reason of any failure or delay of its obligations under this Agreement where the delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, fires, storms, floods or other acts of nature, explosions, systemic electrical telecommunications or other utility failures, earthquakes, hurricanes, tornados, natural disasters, strikes, shortage of materials, work stoppage or other labor dispute, embargoes, riots, insurrections, acts of war or terrorism, or any action or restraint by court order or public or governmental authority (“Force Majeure Event”). The party subject to the Force Majeure Event agrees to use commercially reasonable efforts to minimize the impact of the Force Majeure Event on the other party. (27) AMENDMENT. This Agreement may only be amended by a written document signed by both parties.
Badger Meter will not be bound by and specifically objects to any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by Customer in any receipt, acceptance, confirmation, agreement, purchase order, correspondence or other documentation. If the terms of this Agreement are not consistent with the terms contained in any policy, the terms contained in this Agreement will control, except that the Service Terms will control over this Agreement.
(28) ENTIRE AGREEMENT. This Agreement, including all applicable Exhibits and policies, constitutes the entire agreement between the parties with regard to its subject matter. This Agreement supersedes all prior or contemporaneous agreements, discussions, negotiations, undertakings, communications, representations or proposals, whether written or oral. (29) ORIGINALS, COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together will be deemed to constitute one and the same document. This Agreement may be executed and delivered by facsimile signature or portable document format (.pdf) by electronic mail.
IN W
ITNESS WHEREOF, the authorized representatives of the parties hereby bind the parties to this BEACON AMA Managed Solution Master Agreement by signing below:
B
ADGER METER, INC CITY OF VALLEJO
Signature Signature
Printed Name Printed Name
Title Title
Date Date
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
EXHIBIT 1
©2020 Badger Meter, Inc. Page 16 of 24
FEES
1. Serv
ice Fees. Customer agrees to pay the following Service Fees, as consideration for the right to access and use the Portal, Service and Documentation during the Term, as well as applicable Taxes.
2. Invoi
cing. Badger Meter shall issue invoices to Customer for Service and Support Fees on a monthly basis. Undisputed payments are due within thirty (30) days of the date of the invoice.
3. Int
erest and Costs. Customer agrees that it will be responsible to pay Badger Meter for any collection expenses incurred by Badger Meter, including interest at the highest interest rate permitted by law, and reasonable attorneys’ fees and court costs incurred by Badger Meter in enforcing its rights under this Agreement.
BEACON Monthly Endpoint Subscription Fee
Hourly Data, Once Daily Call-in: $0.63 per endpoint per month to increase 1.5% annually beginning in year four (4) I
nvoicing for monthly endpoint subscription fee starts at time of endpoint activation or 6 months from date of shipment, whichever comes first. Invoicing for a monthly endpoint will cease if an endpoint is deactivated or destroyed.
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 17 of 24
E
XHIBIT 2
SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) will go into effect upon completion of Endpoint Provisioning, which is the point during meter installation when the endpoint is installed and verified to provide data to the BEACON AMA Managed Solution.
1. CUSTOMER S UPPORT.
Service Levels. Within one (1) hour after a request for Customer Support Services from Customer, Badger Meter will respond to such request in accordance with the procedures set forth below. Customer may report the problem by phone, email or website provided by Badger Meter to Customer. Badger Meter will use commercially reasonable efforts to meet the response and resolution times set forth below:
Sev
erity Level Response Time Resolution Time
Level 1 – Service is
unavailable
one (1) hour six (6) hours
Level 2 – certain
interruptions but
service is still available
twenty-four (24) hours twenty-four (24) hours
Level 3 – minor
intermittent
malfunction
twenty-four (24) hours three (3) days
Level 4 – suggestions for
new features or
enhancements to
BEACON Portal and
Service
twenty-four (24) hours Evaluated, scheduled and
prioritized for potential
inclusion in upcoming releases.
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 18 of 24
2. BEACON P ORTAL AND SERVICE AVAILABILITY PROMISE.
Badger Meter will use commercially reasonable efforts to fulfill the following Service Promise:
• BEACON Portal and Service Availability of 99% within each calendar month, excluding any Emergency Downtime, Scheduled Downtime, any unavailability of the Portal and Service due to any Force Majeure Event and any unavailability of the Portal and Service less than fifteen (15) minutes in duration following written notice thereof.
Definitions
“Availability” is the monthly uptime percentage with normal functionality of the Portal and the Service, calculated as described below.
“Emergency Downtime” means any unavailability of the Portal or Service due to a temporary suspension by Badger Meter to perform maintenance to address any, urgent and unexpected issue with the Portal or Service. “Scheduled Downtime” means any unavailability of the Portal or Service due to scheduled maintenance.
Scheduled maintenance may occur between 10:00 p.m. on Saturday to 4:00 a.m. on Sunday (Pacific Time) every week. Badger Meter shall have the right to change the scheduled maintenance times upon notice to Customer posted on the BEACON Portal.
CALCULATION of BEACON Portal and Service Availability:
Availability is measured by Badger Meter through standard monitoring software that tests the application availability at least every five (5) minutes and logs unavailability incidents (date and UTC time) for each monitored component.
A
vailability is calculated as the percentage of uptime in the applicable calendar month, excluding scheduled downtime:
Total Unavailability
1 −
Total Minutes of Service Month – Total Minutes of Approved Downtime Wh
ere:
“Total Unavailability Minutes” is the cumulative unavailability time in minutes in the applicable month where the Portal and Service are not available due to unplanned outages or from systematic errors on the part of Badger Meter,
“Total Minutes of Service Month” is the cumulative time in minutes in the month in question, calculated by taking the number of days in month x 24 hours/day x 60 minutes/hour, and “Total Minutes of Approved Downtime” is the cumulative time in minutes in the applicable month where the Supplier applications are not available due to scheduled downtime or other planned scheduled outages.
In order to be included within the Total Unavailability Minutes: (a) Customer shall notify Badger Meter, in
writing, via email([email protected]) of the unavailability of the Portal or the Service; (b) such unavailability shall be greater than fifteen (15) minutes in duration following Badger Meter’s receipt of such
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 19 of 24
notice; and (c) Customer shall notify Badger Meter, in writing, via email within twenty-four (24) hours of such unavailability that it should be included within the Total Unavailability Minutes unless such unavailability is due to any Emergency Downtime, Scheduled Downtime, or any unavailability of the Services due to any Force Majeure Event.
Service Credits
If Badger Meter fails to meet the BEACON Portal and Service Availability Promise, the following Service Credits will be calculated as follows:
Service Credit = Endpoint Service Units Consumed in the Month * (1 - Availability) rounded to the next whole number
For example;
S
ervice Credit will be added to Customer’s account in the form of pre-paid Service Units for the same endpoint type(s).
3. MONTHLY BILLI NG DATA SERVICE PROMISE.
Badger Meter will use commercially reasonable efforts to fulfill the following Service Promise:
• The BEACON AMA Managed Solution will successfully provide Monthly Billing Data for at least
98.5% of provisioned accounts at the time of billing request to the BEACON AMA Managed Solution.
Definitions
“Managed Solution” is a system that consists of a network deployment using fixed network and/or cellular endpoints, where Badger Meter maintains the responsibility for managing the reading hardware and software for system operation over the Term of the Agreement.
“P
rovisioned Accounts” are accounts with cellular or fixed network endpoints that are discovered by the network, fully able to communicate with the network, and completely entered correctly in the BEACON AMA Managed Solution.
“M
onthly Billing Data” is a valid meter reading obtained within three (3) days of the billing as performed through the BEACON AMA Managed Solution to provisioned accounts.
CAL
CULATION of Monthly Billing Data Service Promise for Provisioned Accounts:
Availability Service Credit (Service Units per 1,000
Service Units consumed in the month)
95% 50
90% 100
80% 200
70% 300
60% 400
50% 500
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 20 of 24
Monthly Billing Data success rate is calculated by the count of accounts in the billing cycle with meter read data within three (3) days (“Count of Billing Reads”) divided by the number of active and Provisioned Accounts in the billing cycle (“Count of Total Billing Cycle”).
Count of Billing Reads
Count of Total Billing Cycle
Where:
“
Count of Billing Reads” is the total number of accounts in the billing file with valid data that a billing quality reading is supplied for managed solution endpoints. “
Count of Total Billing Cycle” is the total number of accounts with valid data in the billing file being processed for managed solution endpoints.
I
f Customer suspects that the Monthly Billing Data Service Promise has not been met for a particular Billing Cycle, (a) Customer shall notify Badger Meter, in writing, within twenty-four (24) hours of the occurrence, via email ([email protected]) of the Count of Billing Read s and Count of Total Billing Cycle of managed solution endpoints; (b) the specific time and date when the billing read file was generated.
Service Credits
If B
adger Meter fails to meet the Monthly Billing Data Service Promise, Service Credits will be calculated as follows:
Service Credit = Managed Solution Endpoint Service Units Consumed in the Month * (1 - Monthly Billing Data Success Rate) rounded to the next whole number
For example;
S
ervice Credit will be added to Customer’s account in the form of pre-paid Service Units for the same endpoint type(s).
Monthly Billing Data Success Rate Service Credit (Service Units per 1,000 Service Units consumed in the month)
95% 50
90% 100
80% 200
70% 300
60% 400
50% 500
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 21 of 24
4. MISCELLANEOUS.
Exclusions
The BEACON Portal and Service Availability Promise and Monthly Billing Data Service Promise do not apply to any of the following performance issues, in addition to other exclusions herein:
(i) Resulting from any actions or inactions of Customer, its Authorized Users or Authorized Consumers in accordance with the restrictions and requirements of this Agreement; (ii) Resulting from Customer or its suppliers equipment, software, or other technology and/or Customer’s third party equipment, software, or other technology outside of Badger Meter’s control; (iii) Caused by failures, including, but not limited to, internet connectivity, port availability, firewall configuration, or cellular networks at Customer’s location; (iv) Resulting from Customer’s breach of any term or condition under the Agreement; (v) Caused by unexpected or unintentional RF interference or signal obstruction caused by sources not present or not in use during endpoint installation; (vi) Caused by intentional RF interference or signal obstruction not present during endpoint installation, caused by third parties;
(vii) Caused by Customer, an Authorized User’s or an Authorized Consumer’s misuse or abuse of the Portal or Service;
(viii) During an event triggering a disaster recovery and for a twenty-four (24) hour period after the resumption of the Service following such an event to allow for the system to return to normal operating ranges; (ix) Arising from Badger Meter’s suspension or termination of Customer’s right to use the BEACON Managed Solution in accordance with the Agreement;
(x) Arising from failure of Customer to follow Badger Meter’s published installation, operation and maintenance instructions and Clarifications from Badger Meter’s Preliminary Network Design; (xi) When outdoor temperatures either exceed or are below the endpoint operating temperature range as described in the applicable product data sheet.
(xii) Accounts read using manual, touch read, handheld and mobile technology are not included as part of the Monthly Billing Data Service Promise, as these reading technologies are outside of Badger Meter’s control.
In the event Badger Meter does not meet a Service Promise hereunder, Badger Meter will conduc t a commercially reasonable root cause analysis of the Service promise failure. If Badger Meter’s analysis is inconclusive, or if Badger Meter concludes that circumstances outside of Badger Meter’s control caused the Service promise failure, or if Badger Meter concludes that a failure falls under any other exclusions described hereunder, Customer will not be entitled to a Service Credit. If Badger Meter’s analysis is conclusive and that circumstances within Badger Meter’s control caused the Service failure, Customer will be eligible to receive a Service Credit as described above.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SLA, THE SERVICE CREDITS SPECIFIED IN THIS SLA WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BADGER METER’S FAILURE TO MEET THE SERVICE PROMISE SPECIFIED IN THIS SLA.
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 22 of 24
Badger Meter will report Service Promises and applicable Service Credits upon request and upon a commercially reasonable frequency. Following each report, upon Customer request, the parties will discuss such performance and the extent to which any Service Credits either are appropriate or should be modified due to circumstances not captured by the reporting methodology.
Upon agreement concerning the Service Credits due, such Service Credits will be applied against Badger Meter’s charges in the months following the month in which the credits were incurred. .
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 23 of 24
E
XHIBIT 3
BEACON AMA MANAGED SOLUTION SECURITY POLICY
1. B
EACON AMA Portal and Service Information Security Program. Badger Meter maintains an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) support the BEACON AMA Managed Solution, (b) identify reasonably foreseeable and internal risks to the BEACON Portal and Service security and unauthorized access to the Badger Meter Network, and (c) minimize security risks. The BEACON Portal and Service information security program includes the following measures:
1.1 Network Security. The Badger Meter Network is electronically accessible to employees, and contractors necessary to provide the Portal and Service. Badger Meter maintains access controls and policies to manage what access is allowed to the Badger Meter Network from each network connection and user, including the use of firewalls or functionally equivalent technology and authentication controls. Badger Meter maintains corrective action and incident response plans to respond to potential security threats.
1.2 Physical Security.
1.2.1 Physical Access Controls. Physical components of the Badger Meter Network are housed in nondescript facilities (the “Facilities”). Physical barrier controls are used to prevent unauthorized entrance to the Facilities both at the perimeter and at building access points.
Passage through the physical barriers at the Facilities requires either electronic access control validation (e.g., card access systems, etc.) or validation by human security personnel (e.g., contract or in-house security guard service, receptionist, etc.). Employees and contractors are assigned photo-ID badges that must be worn while the employees and contractors are at any of the Facilities.
Visitors are required to sign in with designated personnel, must show appropriate identification, and are assigned a visitor ID badge that must be worn while the visitor is at any of the Facilities, and are continually escorted by authorized employees or contractors while visiting the Facilities.
1.2.2 Limited Employee and Contractor Access. Badger Meter provides access to the Facilities to those employees and contractors who have a legitimate business need for such access privileges. When an employee or contractor no longer has a business need for access privileges, the access privileges are promptly revoked, even if the employee or contractor continues to be an employee of Badger Meter or its affiliates.
1.2.3 Physical Security Protections. All major access points (other than main entry doors) are maintained in a secured (locked) state. Access points to the Facilities are monitored by video surveillance cameras designed to record all individuals accessing the Facilities. All physical access to the Facilities by employees and contractors is logged and routinely audited.
1.2.4 Pre-Employment Screening. Badger Meter conducts criminal background checks, as permitted by applicable law, as part of pre-employment screening practices for
BADGER METER
BEACON AMA MANAGED SOLUTION
MASTER AGREEMENT
City of Vallejo
©2020 Badger Meter, Inc. Page 24 of 24
e
mployees commensurate with the employee’s position and level of access to the Facilities.
Badger Meter will not permit an employee to have access to the non-public Customer Data or perform material aspects of the Service if such employee has failed to pass such background check.
2. Continued Evaluation. Badger Meter will conduct periodic reviews of the security of its Badger Meter Network and adequacy of its information security program as measured against industry security standards and its policies and procedures. Badger Meter will continually evaluate the security of its Badger Meter Network and associated Service to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.
3. Customer Responsibilities. System security is a shared responsibility between Badger Meter and Customer. Customer shall assign a systems service administrator to be responsible for establishing access and usage policies. Customer shall develop commercially reasonable policies and procedures to insure physical security, establishing account access approvals and procedures, conduct regular reviews of access rights, and provide security awareness training for staff using the Service. The administrator shall also be responsible for policies and procedures related to Authorized Consumers access to their individual data resident on the Network.
24549447_7.D
OCX 032016
Badger Meter Beacon AMA Managed Solution Master Agreement COV Signature Page