Vallejo City Council
October 24, 2023

PROJECT (PW9442) BUDGET EXPENDITURES
Fund 221 – Grant Reimbursement $1,219,000.00
Design $222,745.00
Design Contingency (~15%) $33,000.00
Construction Contract (Preliminary) $852,000.00
Construction Contingency (~15%) $85,200.00
Construction Mgmt & Inspection (~10%) $25,000.00
TOTALS $1,219,000.00 $1,217,945.00

ENVIRONMENTAL REVIEW
Environmental review for the project will be conducted by Stantec following completion of the architectural design plans. The project is anticipated to qualify for the following exemption under the California Environmental Quality Act ("CEQA") Guidelines Section 15331: Class 31—Historical resource restoration/rehabilitation. Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Reconstructing Historic Buildings. The project is also anticipated to qualify as a categorically excluded activity under the National Environmental Policy Act ("NEPA") pursuant to 24 CFR 58.35(a) because it entails removing architectural barriers that restrict the mobility and accessibility to the elderly and handicapped persons and does not expand the size or capacity of the structures by more than 20 percent.

ATTACHMENTS

1. RESO_Garavaglia Architecture, Inc._CAO Stamp

2. DESIGN PROF AGR - Garavaglia Architects - Naval Chapel and Quarters A_CAO Stamp

3. ATTACHMENT - LOCATION MAP

CONTACT
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]

RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH GARAVAGLIA ARCHITECTURE, INC. FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $222,745 PLUS 15% CONTINGENCY FOR THE NAVAL CHAPEL / QUARTERS “A” IMPROVEMENT PROJECT (PW9442) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the Mare Island Facilities Major Maintenance, Project No. PW9442, an annual project each fiscal year, was approved by the City Council on June 13, 2023 (the “Naval Chapel/Quarters “A” Improvement Project”); and
WHEREAS, on July 24, 2023, a Request for Proposals was advertised for thirty days for architectural design services to provide preliminary plans, construction documents, cost estimate and schedule for the Project; and WHEREAS, interviews of the six firms that submitted proposals were held on Friday, September 8, 2023; and WHEREAS, the City’s selection panel selected Garavaglia Architecture, Inc. as the most qualified architectural firm to provide services for this Project; and
WHEREAS, staff recommends approval of a Design Professional Services Agreement with Garavaglia Architecture, Inc. of San Franciscos, California, in the amount of $222,745.00 plus an approximate 15% contingency; and
WHEREAS, design work is scheduled to start following execution of the agreement; and WHEREAS, the total budget for Naval Chapel / Quarters “A” Improvement Project, Project No. PW 9442 is One Million, Two Hundred and Nineteen Thousand Dollars [$1,219,000] and is fully funded by an Economic Development Initiative Community Project Funding (CPF) grant; and WHEREAS, there is adequate funding to award the Design Professional Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves a Design Professional Services Agreement (“Agreement”) with Garavaglia Architecture, Inc. to provide preliminary plans, construction documents, cost estimate, and a schedule for the Naval Chapel / Quarters “A” Improvement Project , Project No. PW9422, in the amount of $222,745.00 plus a fifteen percent (15%) contingency.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement between the City of Vallejo and Garavaglia Architecture, Inc. with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future contract amendments not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 24, 2023, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
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DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 24th day of October 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Garavaglia Architecture, Inc., a California corporation, hereinafter referred to as “Design Professional”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Design Professional shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Design Professional for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Design Professional for services rendered pursuant to this Agreement.

3. Facilities and Equipment. Design Professional shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a project-specific general liability policy

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insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.

The provisions of this Section are not limited by the insurance provisions of this Agreement.

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

5. Insurance Requirements. Design Professional agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Design Professional.” Failure to maintain required insurance at all times shall constitute a default and material breach.

6. Accident Reports. Design Professional shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

7. Conflict of Interest. Design Professional warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Design Professional’s family, business, real property or financial interests and the services to be provided under this Agreement. Design Professional shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Design Professional’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Design Professional shall disclose such conflict in writing to City. Every individual who performs services on behalf of Design Professional pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

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8. Independent Contractor. Design Professional is an independent contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Design Professional only insofar as the results of Design Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Design Professional accomplishes services pursuant to this Agreement.

9. Licenses, Permits, Etc. Design Professional represents and warrants to City that all Design Professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.

10. Business License. Design Professional, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.

The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.

11. Standard of Performance. Design Professional shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Design Professional’s profession currently practicing in California.

Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Design Professional’s responsibilities under this section shall not be delegated.

Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.

Consultant shall prepare plans, specifications, reports, and/or other work products Design Professional Services Agreement Page 4 of 11
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in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Consultant and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by members of Consultant‘s profession currently practicing in California.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.

12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Design Professional is unable to meet the completion date or schedule of services, Design Professional shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

13. Time is of the Essence. Time is of the essence in this Agreement.

Any reference to days means calendar days, unless otherwise specifically stated.

14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Design Professional pursuant to this Agreement shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or Design Professional Services Agreement Page 5 of 11
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retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.

Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

15. Design Professional Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Design Professional shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent.

Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

16. Term. The term of this Agreement shall commence on November 13, 2023, and shall continue in full force and effect until December 31, 2024.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of six (6) months by written notice to Design Professional. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three (3) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.

If funds to effect such continued payment are not appropriated, Design Professional agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice. Before the date of termination, Design Professional shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment 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 Design Professional Services Agreement Page 6 of 11
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be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Design Professional resulting from services rendered pursuant to this Agreement, shall become the property of City. Design Professional agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Design Professional makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Design Professional in the performance of Design Professional’s services hereunder.

20. Assignment and Subcontracting. Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Design Professional shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Design Professional’s subcontractor for purposes of establishing a duty of care between the Design Professional Services Agreement Page 7 of 11
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subcontractor and City.

Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.

21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

22. Non-Discrimination/Fair Employment Practices.
(a) Design Professional shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

In all solicitations either by competitive bidding or negotiations made by Design Professional for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Design Professional of Design Professional’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Design Professional shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Design Professional agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt Design Professional Services Agreement Page 8 of 11
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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: Melissa L. Tigbao, PE
Public Works Director
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Michael Garavaglia
President
Garavaglia Architecture, Inc.
582 Market Street, Suite 1800
San Francisco, CA 94104
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Routine administrative communications shall be made pursuant to Section 1 of Exhibit A.

24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

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28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Design Professional will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality of City Information. During the performance of services under this Agreement, Design Professional may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Design Professional agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Design Professional’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

Design Professional shall treat all records and work product prepared or maintained by Design Professional in the performance of this Agreement as confidential.

A violation by Design Professional of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Design Professional’s obligations under this section shall survive the completion Design Professional Services Agreement Page 10 of 11
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of services, expiration or termination of this Agreement.

33. News and Information Release. Design Professional agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.

35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or 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 party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

37. Authority. The person signing this Agreement for Design Professional hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Design Professional.

38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

GARAVAGLIA ARCHITECTURE, INC.

A California corporation
By:

Michael Garavaglia
President
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa L. Tigbao
Public Works Director

APPROVED AS TO FORM
AND INSURANCE:

Veronica Nebb
City Attorney
Design Professional and Professional Services Agreement Page 1 of 6 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representative for this Agreement is:

Melissa L. Tigbao, PE
Public Works Director
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
Tel: (707) 648-4433
Email: [email protected]
The Design Professional’s Representative for this Agreement is:

Michael Garavaglia
President
Garavaglia Architecture, Inc.
582 Market Street, Suite 1800
San Francisco, CA 94104
Tel: (415) 391-9633
Email: [email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Design Professional Representative and City’s Representative.

2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Design Professional will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Design Professional shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Design Professional will complete all services by December 31, 2024.

4. Key Personnel. All of the individuals identified below are necessary for the Design Professional and Professional Services Agreement Page 2 of 6 Exhibit A – Scope of Work
successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below without written approval of the City Representative. Design Professional recognizes that the composition of this team was instrumental in the City’s decision to award the work to Design Professional and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows: Michael Garavaglia
Design Professional and Professional Services Agreement Page 3 of 6 Exhibit A – Scope of Work
ATTACHMENT 1 OF EXHIBIT A

SCOPE OF WORK
Scope of Work
The scope of work encom passes architectural and engineering services required t o r e h a b i l i t a t e the historic Naval Chapel building, install a stand- alone restroom, site landscape & accessible path of travel improvements to the Chapel building, accessibility improvements at Quarters A yard, and rehabilitation of the Servant's Quarters, including accessibility upgrades of the existing bathroom. The scope will include roofing replacement work on the historic Quarters A and the Servant's Quarters, and rehabilitation work on the historic exterior siding. Because of the historic nature of the buildings, a compliance review of the proposed work relative to the Secretary of Interior's Standards for Rehabilitation (SISR) will be required.

WORK PLAN The work plan is broken down into six (6) Tasks:

Task 1- Code Research I Base Plans
This task includes:
• Code research
• Field investigation
• Base plan preparation
• Design (preparation of construction documents)
• A stakeholder workshop to get input from decision-makers in developing the design program.
• Review of design and functional goals provided in written form by the owner (required prior to starting design).
• An initial (informal) SISR review of design goals will be done to guide design.
• A meeting will be held with city planning to get their response to project design and compliance with SISR.

Task 2 - Schematic Design
This task consists of:
• Plan design – design the floor plans
• Design Meeting - review of the initial plan design and to discuss styles and details.
• Exterior Design - Based on the input from the design meeting we will complete minor modifications, develop one set of exterior elevation sketches, and evaluate for SISR compliance. • Review design for compliance and regulatory issues with Design Professional and Professional Services Agreement Page 4 of 6 Exhibit A – Scope of Work
Planning.
• Civil, Structural & MEP Design Review - We will have an initial discussion with the engineers regarding the implications of the design.
• Prepare cost estimate with alternates
• Sign Off Meeting - Meet with City to review and approve final design in writing.

Task 3A - Design Review Board/Architectural Heritage Commission Submittal
Create simple drawings showing the proposed design for the Planning Division and Commission review. The computer-generated drawings for the review include:
• Site plan with roof plan
• Floor plans
• Exterior elevations
• Photos
Design Professional will provide printed and /or PDF versio n s of the documents for City’s review and use.

Task 3B - Design Development (40%)
Develop schematic Design drawings to a design development level. The civil, structural, and MEP drawings will be developed to reflect the approved proposed designs. The entire packet will be ·submitted at a 40% com pletion level for Client review. A meeting will be held with Client to review any comments related to the 40% level set of drawings. A meeting will be held with Planning and or Building departments to further clarify the specific code issues related to the selected design.

The documents for this task include:
• Site plan with roof plan
• Floor plans
• Exterior elevations
• Civil, Structural, MEP, and landscape drawings
• Specification Table of Contents (TOC)
Design Professional will provide printed and /or PDF versions of the 40% documents for City’s review and use.

Task 4A - Building Permit Document s (90 %)
Drawing showin g the proposed design must be created for review by the building department. The drawings consist of computer - g e n e r a t e d drawin gs annotated with information needed to describe the project. The drawings and work consist of:

Design Professional and Professional Services Agreement Page 5 of 6 Exhibit A – Scope of Work
• Site plan with roof plan
• Floor plans (existing and proposed)
• Exterior and interior elevations
• Exterior and interior construction details
• Schedules (door, window and finish) coordinated with Client • Energy calculations coordination with the MEP engineers. • Civil, Structural, MEP, and Landscape Design Drawings and Coordination - We will coordinate our work with the work of the engineers.
• A cost estimate will be prepared based on the 90% construction documents.

Design Professional will provide printed and / or PDF versions of the 90% documents for City’s review and use.

Task 4B - Building Permit Submis sion & Management (100%) Task 4 includes:
• Submission - Assist in preparing the documentation for building permit submission.
• Revisions - The building department review usually results in minor revisions and/or requests for clarification. We will provide the plan checker with information when requested. This budget is based on minor requests only (twenty hours of our time), more complex revisions are not included in this budget. • Full project specifications will be completed.
• A final cost estimate (100%) will be developed based on the approved permit documents.
• Completion of the task will bring the CD package to 100% Design Professional will provide printed and /or PDF versions of the 100% documents for City’s review and use.

Task 5 - Bid Assistance
Task 5 includes:
• Bid notes - We will produce a set of bid notes that provide information not typically found on the drawings.
• Bid Assembly and Coordination - We will assemble and distribute the documents for a negotiated bid from your contractor. • Specifications will be issued for inclusion in the City's Project Manual for distribution to each bidder.
• Site Visit - One site visit will be arranged for the contractor and subs to walk the site. We will answer their questions about the project as they arise.
• Requests for Information. Provide additional information and/or Design Professional and Professional Services Agreement Page 6 of 6 Exhibit A – Scope of Work
clarification drawings when they are requested by the contractors • Clarification Sketches- Individual contractors may need specific information to clarify their bid. This can be provided in drawing or written form (limited to fifteen (15) hours).
• Bid Review and Analysis - Review and analyze the contractors' bid if desired.

Design Professional will provide printed and/or PDF versions of the 100% documents for City’s review and use.

Task 6 - Construction Administration
Task 6 includes periodic site visits to check on the general progress of the work and to provide information to the contractor. The work includes:
• Site Visits – Conduct site visits at crucial milestones to check on the work and answer contractor questions. These visits will take from one to two hours each. This estimate is based on eight (8) site visits.
• Review each Submittal and for any subsequent follow up request on the same topic. 5 business days must be allowed for responding from date of receipt of each Submittal. This budget allows for up to 10 hours for response to Submittals. • Review each Request for Information (RFI), and for any subsequent follow-up request on the same topic. 5 business days must be allowed for responding from date of receipt of each RFI.

Each time a poorly structured RFI is re-submitted, it is considered a new review. This budget allows for up to 10 hours for response to RFI.
• Payment Review / Change Orders – Review and certify the contractor's monthly payment requests. Any change order must be put in writing by Contractor and signed by the Architect and Owner before being included in contractor's pay request, and before the construction work can begin. Both of these approaches will minimize difficulties during construction.

Task 7 – Additional Services
Provide additional services to address unforeseen tasks subject to the review and approval of the City Engineer.

Design Professional and Professional Services Agreement (Rev. 2018) Page 1 of 3 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Design Professional’s Compensation.

A. Services: City agrees to pay Design Professional, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Two Hundred Fifty-Two Thousand, Seven Hundred Forty-Five Dollars and Zero Cents [$252,745.00].

Design Professional shall notify City in writing no later than thirty (30) days prior to the estimated date when Design Professional will have billed City the maximum payment amount permitted under this Agreement, and Design Professional shall provide City with an estimate of the additional compensation required to complete the project.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Design Professional as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Design Professionals to perform said Additional Services.

2. Design Professional’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises.

Where a fixed fee for Additional Services is established by mutual Agreement between City and Design Professional, compensation to Design Professional shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Design Professional’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Design Professional and Professional Services Agreement (Rev. 2018) Page 2 of 3 Exhibit B - Compensation
Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Design Professional.

A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Design Professional shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

[email protected]
Invoice File Name shall be:

Company Name Inv # Inv Amount Inv Date
If a paper copy is necessary, please email to:

City of Vallejo
Public Works Department
Engineering Division
555 Santa Clara Street, 4th Floor
Vallejo, CA 94590
Design Professional and Professional Services Agreement (Rev. 2018) Page 3 of 3 Exhibit B - Compensation

5. Accounting Records of Design Professional. Design Professional shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Design Professional’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Design Professional’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Design Professional shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Design Professional under this section shall survive this Agreement.

6. Taxes. Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

7. Taxpayer Identification Number. Design Professional shall provide City with Design Professional’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.

Design Professional and Professional Services Agreement (Rev. 2018) Page 1 of 6 Exhibit C – Insurance Requirements
ATTACHMENT 1 OF EXHIBIT B
[ATTACH FEE SCHEDULE]
Design Professional and Professional Services Agreement (Rev. 2018) Page 2 of 6 Exhibit C – Insurance Requirements

Design Professional and Professional Services Agreement (Rev. 2018) Page 3 of 6 Exhibit C – Insurance Requirements

Design Professional and Professional Services Agreement (Rev. 2018) Page 4 of 6 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Design Professional shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Design Professional, their agents, representatives, or employees or subcontractors.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

D. Professional Liability insurance appropriate to the Design Professional’s profession (Errors and Omission).

2. Minimum Limits of Insurance. Design Professional shall maintain limits no less than:

A. General 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. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Design Professional is not subject to California Workers’ Compensation requirements, Design Professional shall file a completed certificate of exemption form which may be obtained from Design Professional and Professional Services Agreement (Rev. 2018) Page 5 of 6 Exhibit C – Insurance Requirements
the City prior to commencing any activity authorized hereunder.

D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible 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 Design Professional shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. The City of Vallejo, 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 Design Professional; products and completed operations of the Design Professional; premises owned, occupied or used by the Design Professional; or automobiles owned, leased hired or borrowed by the Design Professional. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Design Professional's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Design Professional's insurance and shall not contribute with it.

C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

D. The Design Professional's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

E. Each insurance policy required by this clause shall be endorsed to state Design Professional and Professional Services Agreement (Rev. 2018) Page 6 of 6 Exhibit C – Insurance Requirements
that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Design Professional’s performance under this Agreement.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Design Professional shall furnish the City with 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. Subcontractors. Design Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Design Professional if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Design Professional otherwise ceases to be insured as required herein.

LOCATION MAP

NAVAL CHAPEL / QUARTERS A IMPROVEMENT PROJECT
PROJECT NO. PW9422

NAVAL CHAPEL

PROJECT

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QUARTERS A

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Consent Calendar

8.I.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Michael Nimon, Economic Development Director
Erin Hanford, Economic Development Program Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A SUBRECIPIENT GRANT AGREEMENT WITH THE MARE ISLAND HISTORIC PARK FOUNDATION PURSUANT TO THE FY 2023 COMMUNITY FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0235 FOR THE PARTIAL RESTORATION OF THE ADMIRAL'S MANSION AND ST. PETER'S CHAPEL

AND AUTHORIZING CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving a subrecipient grant agreement with the Mare Island Historic Park Foundation pursuant to the FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA-0235 for the partial restoration of the Admiral's Mansion and St. Peter's Chapel and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The Subecipient Grant Agreement will enable the City of Vallejo to expend the $1,219,000 in grant funds awarded to the Mare Island Historic Park Association by the Economic Development Initiative Community Project Funding federal grant program for the restoration of the Mare Island Chapel and the Mare Island Admiral's Mansion (Quarters A), both properties controlled by the City of Vallejo.

BACKGROUND AND DISCUSSION
Mare Island Historic Park Foundation History
The Mare Island Historic Park Foundation has operated on Mare Island since 1995, one year before the closure of the Mare Island Naval Shipyard. Its stated mission is to protect and preserve the incredible heritage and history of the Island. As part of its operations on the Island, the Foundation leases the Mare Island St.

Peters Chapel (Chapel) and the Admiral's Mansion (Quarters A) from the City for event use.

Grant Agreement
To help facilitate the restoration of the Chapel and Quarters A, the Foundation submitted a proposal for $1.1MM in funding for restoration of these buildings and was awarded $1,219,000 in funding as part of the Economic Development Initiative Community Project Funding grant program that is authorized by the Federal Department of Housing and Urban Development (HUD) Subcommittee.

Subrecipient Agreement
To facilitate the restoration work, the Foundation is designating the City as the subrecipient of the grant via the Subrecipient Agreement (Attachment 1). As detailed in the Grant Agreement (Attachment 2) and the Subrecipient Agreement, the City will carry out the project for the Recipient, including managing the architect, conducting the environmental review, and overseeing construction through project closeout. The Subrecipient Agreement covers scheduling, disbursements, and monitoring, and requires the City to comply with the terms, policies, and requirements of the federal Grant.

Grant Project Scope

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION APPROVING A SUBRECIPIENT GRANT AGREEMENT WITH THE MARE ISLAND HISTORIC PARK FOUNDATION PURSUANT TO THE FY 2023 COMMUNITY FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0235 FOR THE PARTIAL RESTORATION OF THE ADMIRAL'S MANSION AND ST. PETER'S CHAPEL AND AUTHORIZING CITY MANAGER

TO EXECUTE SAME

$1,219,000 grant funding is to be used for the restoration of Quarters A and the Chapel, both landmark buildings on the Island. Below are the details of the facilities and the anticipated restoration work.

Quarters A and Servants' Quarters
The Admiral’s Mansion (Quarters A) is the largest and most prominent of the mansions of Mare Island’s “Captain’s Row”. The building, which includes neoclassical revival architecture, is a key part of the “historic core” of Mare Island. The extensive exterior grounds have historically been used for events, including weddings, birthdays, and corporate events, that expose the clients and participants to the incredible building and history of the Island. The Servants Quarters (SQ) is located on the property behind Quarters A. The Quarters A portion of the project involves several work elements to preserve and protect these two structures and their grounds. The project will enhance the functionality and attractiveness of Quarters A as an event venue.

The work elements that constitute the scope of work include the following: The full scope of work is detailed in Attachment 2, Appendix 1.

1. New roof for Quarters A and Servants Quarters.

2. Exterior repainting of Quarters A and Servants Quarters.

3. Addition of two ADA restrooms at the Servants Quarters and an ADA door to access the restrooms.

4. Installation of an ADA ramp to allow access to the various elevations on the landscaped grounds used for events.

Chapel
The St. Peter’s Chapel is the oldest naval chapel in the United States. Set in Chapel Park and surrounded by eucalyptus, the Chapel is a classic example of Victorian Gothic architecture. The landmark structure includes 29 brilliant stained-glass windows, 25 of which are from the famed Tiffany glass studios in New York. The chapel is used for tours and events.

The work elements that constitute the scope of work for use of the grant funds include construction of an ADA restroom and the painting of the exterior of the building, both greatly needed for the continued use of the City- owned facility.

FISCAL IMPACT
The FY 2023 Community Project Funding grant does not require a local match. All project costs, including City consulting costs such as the Architecture contract and environmental review, will be funded by the grant on a reimbursable basis.

ENVIRONMENTAL REVIEW
Environmental review under NEPA will be completed as part of the Project. The Project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331: Class 31—Historical resource restoration/rehabilitation. The Class 31 exemption consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Date: October 24, 2023
Subject:

ADOPT A RESOLUTION APPROVING A SUBRECIPIENT GRANT AGREEMENT WITH THE MARE ISLAND HISTORIC PARK FOUNDATION PURSUANT TO THE FY 2023 COMMUNITY FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0235 FOR THE PARTIAL RESTORATION OF THE ADMIRAL'S MANSION AND ST. PETER'S CHAPEL AND AUTHORIZING CITY MANAGER

TO EXECUTE SAME

Reconstructing Historic Buildings.

ATTACHMENTS

1. Resolution Approving Federal Grant Subrecipient Agrmt w_Mare Island Historic Park Foundation_CAO Stamp

2. ATTACHMENT 1 - Subrecipient Agreement_CAO Stamp

3. ATTACHMENT 2 - Grant Agreement B-23-CP-CA-0235MIHPF2023

CONTACT
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]

RESOLUTION NO. 23-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A

SUBRECIPIENT GRANT AGREEMENT WITH THE MARE ISLAND HISTORIC PARK FOUNDATION PURSUANT TO THE FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0235 FOR THE PARTIAL RESTORATION OF THE ADMIRAL’S MANSION AND ST. PETER’S CHAPEL AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, to help facilitate the restoration of the Admiral’s Mansion (Quarters A) and St. Peter’s Chapel (Chapel), the Mare Island Historic Park Foundation (Foundation) submitted a proposal for $1,100,000 in funding for restoration of these buildings to the Economic Development Initiative, Community Project Funding, and Miscellaneous Grants program authorized by the Federal Department of Housing and Urban Development (HUD) Subcommittee; and WHEREAS, the Foundation was awarded $1,219,000 in grant funding to carry out the restoration (the “Project”); and
WHEREAS, to facilitate the Project, the Foundation is designating the City as the subrecipient of the grant under the FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA- 0235, including managing the architect, conducting the environmental review, and overseeing the restoration work.

NOW THEREFORE BE IT RESOLVED that the Subrecipient Grant Agreement with the Mare Island Historic Park Foundation for the partial restoration of the Admiral’s Mansion and the Naval Chapel is approved.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Subrecipient Grant Agreement, with any modifications recommended by the City Attorney.

Adopted by the Council of the City of Vallejo at a regular meeting held on October 24, 2023 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Subrecipient Agreement – CPF grant program Page 1 of 5

Mare Island Historic Park Foundation
Subrecipient Agreement

This Subrecipient Agreement (hereinafter “Agreement”) is entered into by the Mare Island Historic Park Foundation, a California Non-Profit Corporation (hereinafter “Recipient”), and the City of Vallejo, a California Municipal Corporation (hereinafter “Subrecipient1”). Some or all of the funds provided under this Agreement are provided pursuant to the authority of the Consolidated Appropriations Act of 2023 (Public Law 117-328) as part of the Economic Development Initiative Community Project Funding (hereinafter “CPF”) grant program. The CPF grant program is authorized by the Federal Department of Housing and Urban Development (hereinafter referred to as “HUD”) Deputy Assistant Secretary for Economic Development.

1. PURPOSE. The Recipient is subgranting funds to the Subrecipient to be used for the purpose(s) described as follows:

Partial Restoration of the Mare Island Admiral’s Mansion (“Quarters A”) and the Mare Island Chapel (“Chapel”). Projects detailed in Attachment A.

2. AMOUNT OF SUBGRANT AND METHOD OF DISBURSEMENT. The funds subgranted and the schedule and manner of the disbursements are described as follows.

The Recipient may condition the disbursement of any funds under this Agreement on the timely receipt of proper reports and other documentation from the Subrecipient. (Check one or more of the following):

The maximum amount of funds to be subgranted under this Agreement is $1,219,000.

This amount shall be disbursed to the Subrecipient on the following schedule and in the following manner:

1. Subrecipient shall develop a schedule of values (SOV) with milestones linked to % complete for payment. Recipient shall review and approve the SOV and milestones.

2. Invoice periods may vary depending on level of activity but shall not occur more frequently than monthly.

3. Subrecipient shall prepare progress reports and invoices consistent with the SOV and submit them to Recipient for review and approval. The invoicing package shall include a projected final cost for each work element based on the progress and expenses to date. Recipient shall review/comment within five (5) business days of submission.

1 The terms “subrecipient” and “subgrantee” are equivalent. The term Subrecipient is used throughout this Agreement.

Subrecipient Agreement – CPF grant program Page 2 of 5

4. Following approval of an invoice by Recipient, City shall submit the invoice electronically via the HUD Disaster Recovery Grants Reporting System (DRGR). Upon receipt of payment from HUD, Recipient shall submit payment by check to the Subrecipient or its designee within 14 calendar days.

The services to be provided under this Agreement are the following: Partial Restoration of the Mare Island Admiral’s Mansion (“Quarters A”) and the Mare Island Chapel (“Chapel”).

These services will be provided in the following manner: To be consistent with the Grant approval and project description approved by HUD.

3. SPECIAL TERMS. If this box is checked the Grant Agreement is attached to this Agreement (Attachment A). This Attachment contains the description or scope of activity, as well as additional terms and conditions. If any of what is contained in the Grant Agreement conflicts with the terms of this Agreement, the terms of the Grant Agreement shall supersede the terms of this Agreement.

4. FEDERAL AND PROGRAM SUBRECIPIENT REQUIREMENTS. The Subrecipient must comply with the terms, policies and requirements detailed in the FY2023 Community Project Funding Grant Agreement between the Recipient and HUD (Attachment A, which includes Appendices 4, 5, 6, and 7).

5. REPORTING REQUIREMENTS. The Subrecipient shall comply with reporting requirements detailed in Article VI (“Program-Specific Reporting Requirements”) in the attached FY2023 Community Project Funding Grant Agreement between the Recipient and HUD (“Attachment A”).

6. INDEMNIFICATION. The Subrecipient, its assignees, successors, and heirs indemnify and hold harmless the Recipient against any losses, damages, claims, expenses, and liabilities (if any) arising out of either this Agreement or any use by the Subrecipient or any other party of these subgranted funds or property. The Recipient, its assignees, successors, and heirs indemnify and hold harmless the Subrecipient against any losses, damages, claims, expenses, and liabilities (if any) arising out of either this Agreement or any use by the Recipient or any other party of these subgranted funds or property.

7. RECIPIENT MONITORING AND RECORDS. The Recipient and Subrecipient agree that the Recipient has the responsibility and right, at any time, with or without notice, to inspect projects, activities, or uses assisted by this Agreement. The Subrecipient shall also fully cooperate and assist in this and any other monitoring of the Subrecipient and any Subrecipient’s funds contained in this Agreement when requested by the Recipient.

The Subrecipient shall furthermore provide access to the Recipient, HUD, the Comptroller General of the United States, the Government Accountability Office, and their duly authorized representatives, to any books, documents, papers, and records which are directly pertinent to the execution of this Agreement and activities for the purposes of making audit,

Subrecipient Agreement – CPF grant program Page 3 of 5 examination, excerpts, and transactions. The Subrecipient shall retain records for a three- (3-) year period.

8. FURTHER SUBGRANTING PROHIBITED. The Subrecipient may not further subgrant these funds or property without first obtaining written approval from the Recipient. If further subgranting is approved, the Subrecipient must use a written subrecipient agreement that is approved by the Recipient.

9. CONTACT PERSONS. The Recipient and Subrecipient identify the following individuals as their primary contacts regarding this Agreement. Either party may, from time to time, appoint another person as their contact; and when doing so, they shall notify the other party in writing:

Recipient: Mare Island Historic Park
Foundation (MIHPF)
Subrecipient: City of Vallejo
Organization: MIHPF Organization: City of Vallejo
Name: Dennis Kelly Name: Erin Hanford
Title: Title: Econ Dev Program Manager
Address: Address: 555 Santa Clara Street
Vallejo, CA 94590
Telephone: Telephone: (707) 648-5406
Fax: NA Fax: NA
Email: [email protected] Email: [email protected]

10. TERM OR DURATION OF OBLIGATIONS. The Subrecipient agrees to acquaint itself with and conform to (a) HUD and other federal statutes and regulations identified in this Agreement, (b) applicable state statutes and regulations, and (c) additional Recipient requirements imposed under this Agreement. The term for compliance with these requirements varies; and when there is no expressly stated duration for compliance, the Subrecipient’s compliance shall continue for one (1) full year after the last of the subgrant funds have been expended by the Subrecipient.

11. ASSIGNMENTS PROHIBITION. This Agreement and the rights and obligations of the Subrecipient may not be assigned by the Subrecipient without written approval from the Recipient.

12. MODIFICATION AND AMENDMENT. This Agreement is the entire agreement between these two parties. Furthermore, any subsequent changes or modifications must be mutually agreed upon and set out in writing as a formal amendment to this Agreement.

13. TERMINATION. Any breach of this Agreement by the Subrecipient shall entitle the Recipient to cease advancing funds, terminate the remainder of the Recipient’s obligations, recover funds that have not yet been expended, and be compensated for any money that has been improperly used or expended. A thirty (30) day notice of any alleged breach on the part of Subrecipient shall be provided by the Recipient prior to taking any action to terminate to permit the Subrecipient to cure a breach.

Subrecipient Agreement – CPF grant program Page 4 of 5

14. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Recipient and the Subrecipient execute this Agreement on the dates shown below:

Recipient: Mare Island Historic Park Foundation
Name: ________________________________
Title: _________________________________
Signature: _____________________________
Date: _________________________________

Subrecipient: City of Vallejo_____________
Name: ________________________________
Title: _________________________________
Signature: _____________________________
Date: _________________________________

Subrecipient Agreement – CPF grant program Page 5 of 5

Attachment A
FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA-0235 (“Grant Agreement”)

FY 2023 COMMtTNIT Y PROJECT FUNnING
GRANT AGREE MENT NO. B-23-CP-CA-0235
Grantee Name: The Mare Island Historic Park Foundation
Grantee Address: 1100 RailRd. Ave. Valiejo , CA 94592
Grantee's Unique Entity Identifier (UEI):

Grantee's Employer Identification Number (EIN) 68-0352022 Federal Award Identification Number (FAIN) B-23-CP-CA -0235 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period ofPerformancelBudget Period Start Date Date of grant obligation Period of PerformancelBudget Period End Date August 31 , 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and The Mare Island Historic Park Foundation (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20,2022 (Explanatory Statement) .

In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:

ARTICLE I. Definitions
The definitions at2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise .

Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance /Budget Period Stali Date and Period of PerformancelBudget Period End Date.

Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Perfolmance/Budget Period Start Date and Period of Performance /Budget Period End Date.

ARTICLE II. Total Grant A moun t
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of$I,219,000 available to the Grantee.

ARTICLE Ill. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project." Unless changed in accordance with Article Ill , section C of this Grant Agreement, the Grantee's Project shall be as described in the Project Narrative that is approved by HUD as ofthe date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.

FY 2023 COMM UNITY PROJEC T FUNDING
GRANT AGREE MENT NO. B-23-CP-CA-0235
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreemen t. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.

C. Project and Budget Changes . All changes to the Grantee 's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director ofHUD's Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line-item budget, as applicable , that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD 's website . The HUD Office of Economic Development ­ Congressional Grants Division will notify the Grantee in writing , by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change. .

D. Applicable Appropriations Act Conditions . The conditions that apply to the Grant Funds as provided by the Consolidated Appropri ations Act, 2023 and the Explanatory Statement are hereby incorporated and made part ofthis Grant Agreement. In the event of a contlict between those conditions , the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Developmen t Act of 1974.

E. In accordance with 2 CFR 200.307(b) , costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2) , program income may be treated as an addition to the Federal award , provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b) , costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless other\\'ise specified by an applicable Federal statute.

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F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary . Consistent with 2 CFR Part 200, Appendix III (C.7), ifthe Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the Grantee may use only that rate for its indirect costs during the Period of Performance.

G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.

H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion ofthe Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients , as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.

All subawards made with funding under this Grant Agree ment are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only ifHUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipient s, including the requirements 2 CFR part 200 provides for a "non-Federal entity" that receives a subaward .

ARTICLE IV. General Federal Requirements
A. lfthe Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision­ making and action , as specifi ed and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.

B. If t he Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local govemment, Indian Tribe or Alaskan Native Village , within which the Project is located and which exercises land use responsibility , to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above , and the Grantee shall carry out all ofthe responsibilities of a grantee under 24 CFR Part 58.

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C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29,2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds ; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b) ; or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.

D. Foilow ing completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring , and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmen tal review process are carried out during project development and implementation.

E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TO HE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.1 05(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability , and family characteristics of persons and households who are applIcants for, participants in, or beneficiaries or potential beneficiaries ofthe Grantee's Project , consisrent with the instructions and forms provided by HUDin order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Developmen t Act of 1987 (e.g. HUD-27061).

F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles , and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement , the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.

G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Maoagement and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which are hereby incorporated into and made part of this Grant Agreement. ..

H. If the Total Grant Amount, as provided in Artic le II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the A ward Term and Condition for Grantee Integrity and Perfonnance Matters in Appendix 4 to this Grant Agreement.

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I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121,31 U.S.c. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropr iated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract , grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirement s for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), "Disclosure of Lobbying Activities." In addit ion, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.

J. The Grantee must comply with drug-free workplace requirements in Subpart B of2 CFR Part 2429, which adopts the govemmentwide implementation (2 CFR Part 182) of sections 5152-5158 ofthe Drug- Free Workplace Act of 1988, Pub. L. 100-690, Title Y, Subtitle D (41 U.S.c. 701-707).

K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquis ition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that l·eceives Federal financial assistance fo r a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR palt 24, subpart B. Unless otherwise specified in law, the relocation requirements ofthe URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real prope rty or moves personal property from real property as a direct result of acquisition, rehabilitation , or demolition for a program or project receiving HUD financial assistance
L. If Grant Funds are used for purchase , lease, support services , operation, or work that may disturb painted surfaces, of pre-I 978 housing , you must comply with the lead-based paint evaluation and hazard reduction requirements ofHUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFRpart 35», and EPA's lead- based paint rules (e.g., Repair , Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745».

M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.c. 1701 u, and HUD's regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self­ Determination and Education Assistance Act (25 U.s.c. 5307(b». As stated in 24 CFR 75.3(c) , grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.

Grantees that are not exempt from Section 3 must submit annual reports of Section 3

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accomplishment Performance Measures in DRGR in January of the calendar year.

This report reflects Section 3 accomplishments for the previous calendar year.

N. The Grantee must not use any Grant funds to support any Federal, state, or local project that seeks to use the power of em inent domain , unless em inent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport , seaport , or highwa y projects, and utility projects which benefit or serve the general public (including energy-related, communication-related , water-related, and waste water-related infrastructure) , other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government , and projects for the removal of an immediate threat to public health and safety or brownfields , as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub . L. 107- liS). Public use does not include economic development that prima rily benefits private entities .

O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing , downloading , and exchanging ofpomography.

This requirement does not limit the use of funds necessar y for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution , or adjudication activ ities.

P. The Grantee must administer its Grant Funds in accordance with the Conflict ofInterest requirements set forth in Appendix 6 of this Grant Agreemen t.

Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as inco rporated and supplemented by HUD's regulations at 2 CFR part 2424.

R. The Grantee must comply With the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreemen t.

S. The assurances and certifications the Gran tee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreem ent.

ARTICLE V. Drawdown Requi rements
A. The Grantee may not draw down Grant Funds until HUD has recei ved and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable .

B. The Grantee must use HUD 's Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities .

C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Project and Approved Budget as described in Article Ill , sections A and B of this Grant Agreement and complies with HUD 's instructions for entering information in DRGR found in the document titled "Gran t Award Instructions " that accompanies the Gran t Agreement.

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D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.

E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.

F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.

G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.

H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.c. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September J 5, 203 J.

ARTICLE VI. Program -Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:

A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period . During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs tirst) after the date this Grant Agreement is signed by HUD .

B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accompli shments to the objectives of the Project as described in Article III, section A of this Grant Agreement , the reasons why established goals were not met, if appropriate , and additional pertinent information including , when appropriate, analysis and explanation of cost overruns or high unit costs.

C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https :lfv..rww.grants .gov/web/grants/forms/post-award-repOiting-forms .html).

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D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD wiil reject the report in DRGR and identify the corrections the Grantee must make.

E. No drawdown offunds will be ali owed through DRGR while the Grantee has an overdue performance or financial report.

F. The Grantee must report and account for all property acquired or improved with Grant Fu nds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
(hnp s:llwww.grants.gov /web/grants/forms/post-award-reporting-forms .html).This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311 (c), 200.313( e), and 200.314(a).

ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.

B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A ofthis Grant Agreement.

HUD will then send the Closeout Agreement and Closeout Certification to the Grantee .

C. At HUD's option, the Grantee may delay initiation of project closeout until the . resolution of any findings as a result ofthe review of semi-annual activity reports in DRGR. ff HUD exercises this option, the Grantee must promptly resolve the findings.

D. The Grantee recognizes that the closeout process may entail a review by BUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of pro perry acquired or improved with Grant Funds.

E. No later than 120 calendar days after the Period of Performance , Grantees shall provide to BUD the following documentation:

1. A Certification of Project Completion .

2. A Grant Closeout Agreement.

3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability

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requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.

4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project , the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns .

5. A final property report, if specifically requested by HUD at the time of closeout.

ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's subm issions to HUD in anticipation ofthis award. If the Grantee fails to comply with the terms and conditions ofthe Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. TfHUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.

HUD may also tenninate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.

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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise , all requests, su bmissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].

This agreement is hereby executed on behalf of the Grantee and HUD as follows:

GRANTEE
(Name of Organization)
BY:
--~~----~~~--~--~~-------------------
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
Hun
BY:

Robin J. Keegan ,
Deputy Assistant Secretary for Economi c Development
(Date)

APPENDIX 1 - Project Narrative
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APPENDIX 2 - Approved Budget
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APPENDIX 3 - Grantee's Indirect Cost Rate Information
Subject to the applicable requirements in 2 eFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below:

D The Grantee will not use an indirect cost rate to charge its indirect costs to the grant.

D The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant.

Agency/Dept./Major Function Indirect cost rate
% ------
% ------
Direct Cost Base
[PLEASE NOTE: The grantee must check one of the two boxes above . If the second box is checked, the corresponding table must be filled out as described below.

The table must include each indirect cost rate that will be used to calculate the Grantee's indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC». Do not include indirect cost rate information for subrecipients.

For government entities, enter each agency or depmtment that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied.

For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.

For nonprofit organizations that use the MUltiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.]

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APPENDIX 4-
Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance

1. General Reporting Requirement
If the total value of the Grantee's currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance ofthis Federal award, then during that period of time the Grantee must maintain the currency of infOlmation reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal , or administrative proceedings described in paragraph 2 of this award term and condition . This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U .S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 20 11, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant , cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 ofthis award term and condition;
(2) A civil proceeding that resulted in a finding offault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $1 00,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(l), (2), or (3) of this award term and condition;

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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee's part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
During any period oftime when the Grantee is subject to the requirement in paragraph 1 ofthis award term and condition , the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received ifthe Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded.

4. Reporting Frequency
During any period oftime when the Grantee is subject to the requirement in paragraph 1 ofthis award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with perfonnance of a Federal contract or grant. It does not include audits, site visits , corrective plans, or inspection of del iverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction , whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes-
(1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

APPENDIX 5 - Specific Award Conditions
NONE.

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APPENDIX 6 - Conflict of Interest Requirements

1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the app licable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318( c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318( c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below .

2. General prohibition. No person who is an employee , agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities , may obtain a financial interest or benefit from the activity, or have a financial interest in any contract , subcontract, or agreement with respect thereto , or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person .

3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee's written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee ' s Project , taking into account the cumulative effects of the factors in paragraph (v).

4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure ofthe nature of the confl ict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.

5. Factors to be consideredfor exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable :
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwi se not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; C. Whether the person affected is a member of a group or class of low- or moderate ­ income persons intended to be the beneficiaries of the assisted activity, and the exception

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will permit such person to receive generall y the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a posit ion as described in paragraph (ii);
f Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations.

6. Disclosure a/pot ential conflicts a/inte rest. The Grantee must disclose in writing to HUD any potential conflict of intere st.

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APPENDIX 7 - Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written:
a. Provisions applicable to a grantee that is a private entity.

I.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not-
i. Engage in severe forms oftrafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the perfom1ance of the award or subawards under the award.

2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to telminate the award to have violated a prohibition in paragraph a.l of this award term through conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), " as implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.

We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
I. Is determined to have violated an applicable prohibition in paragraph a. I ofthis award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:

FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0235
i. Associated with performance under this award ; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, 400MB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), " as implemented by HUD at 2 CFR 2424 . c. Provisions applicable to any grantee.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term.

2. Our right to tenninate unilatera lly that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA) , as amended (22 V.S.c. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.

3. You must include the requirements of paragraph a.I ofthis award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:

1."Employee " means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements .

2. "Forced labor" means labor obtained by any ofthe following methods: the recruitment, harboring , transportation, provision, or obtai ning of a person for labor or services, through the use offorce , fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage , or slavery.

FY 2023 COMMUNITY PROJECT FUNDlNG
GRANT AGREEMENT NO. B-23-CP-CA-0235

3. "Private entity ":
i. Means any entity other than a State, local government, Indian tribe , or foreign public entity, as those terms are defined in 2 CFR 175.25 . ii. Includes:

A. A nonprofit organization , including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition oflndian tribe at 2 CFR 175.25(b) .

B. A for-profit organization.

4. "Severe forms oftrafficking in persons ," "commercial sex act," and "coercion" have the meanings given at section 103 of the TYPA, as amended (22 U.S.C. 7102) .

Fiscal Year 2023 Community Project Funding Submission - Transportation, Housing and Urban Development Committee Identify, preserve, interpret, and promote the diverse history of the Mare Island Naval Shipyard. 707-557-4646
mihpf.org
1100 Railroad Ave.

Vallejo, CA 94592
142 Years of Naval Shipyard History

P
reserving and Restoring Mare Island Landmarks
Project Narrative - Community Funded Project B-23-CP-CA-0235 The Mare Island Historic Park Foundation
Vallejo, CA
I. P
roject Name: Preserving and Restoring Mare Island Landmarks II. Project Purpose: Improvement of ADA access and rehabilitation of two contributing resources to the Mare Island National Landmark Historic District.

III. Project Scope: Community Funded Project (CPF) funds will be utilized to improve ADA access and rehabilitate two contributing resources to the Mare Island National Landmark Historic District. This CPF project is not part of a larger project and the work elements listed for this CPF project constitute the entirety of the project. The Mare Island Historic Park Foundation (MIHPF) will designate the City of Vallejo as a subrecipient in executing the project work scope.

Th
e two landmarks are located at the former Mare Island Naval Shipyard and are known as the Admiral’s Mansion and Saint Peter’s Chapel. The rehabilitation of these important historic structures is a vital component of revitalizing the economy of the City of Vallejo which was devasted by the closure of Mare Island Naval Shipyard in 1996. The rehabilitation of these resources also supports the ongoing operation and mission of the Mare Island Historic Park Foundation (MIHPF).

M
are Island Location and Aerial View:

Grant Agreement Appendix 1

Identify, preserve, interpret, and promote the diverse history of the Mare Island Naval Shipyard.

2 The Servants Quarters

The Admiral’s Mansion

The largest and most prominent of the mansions of Mare Island’s “Captain’s Row,” the Admiral’s Mansion—as the name implies—was constructed for the top-ranking officer of the Island. Built in 1900, its stunning neoclassical revival architecture makes it the key place to visit in the “historic core” of Mare Island. The extensive exterior grounds have historically been used for events, including weddings, birthdays, and corporate events, that expose the

Identify, preserve, interpret, and promote the diverse history of the Mare Island Naval Shipyard. 3 public to the incredible building and history of Mare Island, while providing key financial support for the MIHPF’s operations.

T
he Admiral’s Mansion, during the earthquake of 2014, suffered foundational damage, and an engineering report performed by the City of Vallejo identified key structural and seismic issues that need to be addressed before the building can be fully utilized as a historic welcome center and event space. The Servants Quarters sits on the property behind the mansion. The project involves several work elements to preserve and protect these two structures and their grounds. The project will enhance the functionality and attractiveness of the Admiral’s Mansion grounds use as an event venue. In addition to the funding to complete the National Environmental Policy Act (NEPA) covering the overall work scope, the work elements from the Project Budget that constitute the scope of work for use of the CPF funds related to the Admirals Mansion and Servants Quarters are detailed in Table 1.

T
able 1
Work Element Structure Scope

1.3d Servants
Quarters
behind QA
Design-Remodel: 2 ADA bathrooms, new door access,
remove wall, new floor, new electrical service, exterior catering, underground internet access to servants
quarters/Quarters A.

1.3e QA - Admirals
Mansion
Design ADA ramp between levels of yard, new sprinkler
system, exterior lighting, catering area pavers, turf
replacement, (ADA parking), Hardscaping repairs.

2.4 Servants
Quarters
behind QA
Construct-Remodel: 2 ADA bathrooms, new door access,
remove wall, new floor, new electrical service, exterior catering, underground internet access to servants
quarters/Quarters A.

2.5 QA - Admirals
Mansion
Construct ADA ramp between levels of yard, new sprinkler system, exterior lighting, catering area pavers, turf
replacement, (ADA parking). Hardscaping repairs.

3.2 QA - Admirals
Mansion
Scrape and paint entirety; incl. $45K scaffolding and
estimated dry rot repair on decks/windows; lead abatement

3.3 QA - Admirals
Mansion
Tear off and replace carpentry to fix expected dry rot once roof is off.

3.4 Servants
Quarters
behind QA
Tear off and replace roof.

3.5 Servants
Quarters
behind QA
Scrape and paint entirety including repair of any rot. Lead Abatement Included
Identify, preserve, interpret, and promote the diverse history of the Mare Island Naval Shipyard. 4 St. Peter’s Chapel
Built in 1901 under the guidance of Chaplain Adam McAlister, St. Peter’s Chapel is the oldest naval chapel in the United States. Set in lush “Chapel Park” and surrounded by soaring eucalyptus, the Chapel is a classic example of Victorian Gothic architecture with its tidy brown shingles, cream-colored trim, steep pitched roof, and soaring octagonal spire. It also includes 29 brilliant stained-glass windows, 25 of which are from the famed Tiffany glass studios in New York. The chapel is used for tours and events.

The interior, grounds and exterior siding and paint have deteriorated over the years and require rehabilitation. In addition to the funding to complete the National Environmental Policy Act (NEPA) covering the overall work scope, the CPF funds will be utilized to accomplish the work on the Chapel that is listed in Table 2.

Identify, preserve, interpret, and promote the diverse history of the Mare Island Naval Shipyard. 5 Table 2
Work Element Structure Scope

1.3a St. Peters
Chapel
Design (prefab) ADA bathroom, stand alone on exterior,
(include boiler and exterior catering basic fixtures)

1.3b St. Peters
Chapel
Design paver pathway to new Bathroom, new plantings,
drip irrigation, accent lights for windows/chapel

1.3c St. Peters
Chapel
Design Internet, Alarm system, upgraded electrical, Accent lights on windows, fire protection Sprinkler system, repaint interior.

2.1 St. Peters
Chapel
Construct (prefab) ADA bathroom, stand alone on exterior, (include boiler and exterior catering basics fixtures)

2.2 St. Peters
Chapel
Construct paver pathway to new Bathroom, new plantings, drip irrigation, accent lights for windows/chapel

2.3 St. Peters
Chapel
Install Internet, Alarm system, upgraded electrical, Accent lights on windows, fire protection Sprinkler system, repaint interior.

3.1 St. Peters
Chapel
Scrape and paint (or stain if feasible) entirety of exterior IV. Proposed Subrecipient: The MIHPF proposes to designate the City of Vallejo as a subrecipient.

Cit
y’s Unique Entity ID (UEI) and Employer Identification Number (EIN) are as follows:
• UEI is KJKSES96KUN9
• EIN is 94-6000448
Overview of the City of Vallejo’s Role, Responsibilities, and Functions: The City of Vallejo is the owner St. Peter’s Chapel and will be the owner of Quarters A pursuant to existing agreements (the MIHPF currently leases both properties from the City). The City will execute the bulk of the work identified in this narrative including managing the contracting process to accomplish Work Elements 1.1 through 4.4 as shown above. The City is also the Responsible Entity for the purposes of conducting the NEPA analysis and findings in association with this CPF grant. The contracting process will include preparation of scopes of work in collaboration with the MIHPF, issuance of RFPs, overseeing the selec tion process, and performing Project Management to include contract closeout.

In Kind Grant Funds
Total In Kind
and Grant $
1 Admin and Planning

1.1 Prepare Categorical Exclusion 3,100$ 31,000$ 34,100$ Prepare NEPA Documentation for use of HUD Grant Funds (Includes Contractor costs and City fees)

1.2 Project Level Administrative / PM 79,818$ -$ 79, 818$ P roject Management all work elements

1.3 1.3a St. Peters Chapel Chapel Bathroom Design 31,298$ 31,298$ Design (prefab) ADA bathroom, stand alone on exterior, (include boiler and exterior catering basic fixtures)

1.3b St. Peters Chapel Chapel Landscape Design 7,113$ 7,113$ Design paver pathway to new Bathroom, new plantings, drip irrigation, accent lights for windows/chapel

1.3c St. Peters Chapel Chapel Interior Design 7,113$ 7,113$ Design Internet, Alarm system, upgraded electrical, Accent lights on windows, fire protection sprinkler system, repaint interior.

1.3d Servants Quarters
behind QA
SQ Interior Improvements Design 9,247$ 9,247$ Design-Remodel: 2 ADA bathrooms, new door access, remove wall, new floor, new electrical service, exterior catering, underground internet access to servants quarters/Quarters A.

1.3e QA - Admirals Mansion Landscaping-Design 17,072$ 17, 072$ Design ADA ramp between levels of yard, new sprinkler system, exterior lighting, catering area pavers, turf replacement, (ADA parking), Hardscaping repairs.

Admin and Planning Subtotals 82,918$ 102,844$ 185, 762$ 2 Construction and Permitting

2.1 Chapel Bathroom Construction/Permitting 208,655$ 208,655$ Construct (prefab) ADA bathroom, stand alone on exterior, (include boiler and exterior catering basics fixtures)

2.2 St. Peters Chapel Chapel Landscape Construction/Permitting 47,422$ 47,422$ Construct paver pathway to new Bathroom, new plantings, drip irrigation, accent lights for windows/chapel

2.3 St. Peters Chapel Chapel Interior Construction/Permitting 47,422$ 47,422$ Install Internet, Alarm system, upgraded electrical, Accent lights on windows, fire protection sprinkler system, repaint interior.

2.4 SQ Interior Improvements
Construction/Permitting
61,648$ 61,648$ Construct-Remodel: 2 ADA bathrooms, new door access, remove wall, new floor, new electrical service, exterior catering, underground internet access to servants quarters/Quarters A.

2.5 Landscaping-Construction/Permitting 113,812$ 113,812$ Construct ADA ramp between levels of yard, new sprinkler system, exterior lighting, catering area pavers, turf replacement, (ADA parking). Hardscaping repairs.

Construction and Permitting Subtotals -$ 478,958$ 478, 958$ 3 3.1 St. Peters Chapel Chapel Exterior Paint/repair 151,749$ 151, 749$ S crape and paint (or stain if feasible) entirety of exterior

3.2 Admirals Exterior Paint/repair 208,655$ 208,655$ Scrape and paint entirety; incl. $45K scaffolding and estimated dry rot repair on decks/windows; lead abatement

3.3 Admirals Roof and Repair 132,781$ 132,781$ Tear off and replace carpentry to fix expected dry rot once roof is off.

3.4 SQ Roofing and Repair 14,226$ 14,226$ Tear off and replace roof.

3.5 SQ Painting and Repair 18,969$ 18,969$ Scrape and paint entirety including repair of any rot. Lead Abatement Included Repairs Subtotals -$ 526,380$ 526, 380$ Subtotals all tasks 82,918$ 1,108,182$ 1, 191,100$ Contingency 10% 8,292$ 110,818$ 119, 110$
Total 91,210$ 1,219,000$ 1, 310,210$
Authorized
Funding
City and MIHPF In-Kind contributions %
(each) 5%
Adjust less Design % of Construction 15%
Servants Quarters behind QA
QA - Admirals Mansion
Description
$1,219,000

5.1568%
QA - Admirals Mansion
QA - Admirals Mansion
Servants Quarters behind QA
Servants Quarters behind QA
Repairs
St. Peters Chapel
Work
Element Task
Budget
Category
Design
NEPA
MIHPF Grant Spend Matrix V3_l4-27-23 FINAL DRAFT
Grant Agreement Appendix 2

Consent Calendar

8.J.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
SUBJECT: ACCEPT THE PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS PROJECT, FEDERAL AID PROJECT NO. HSIPL-5030(066) AND CITY PROJECT NO. PW9735,

PERFORMED BY RADMAN, ELECTRIC AS COMPLETE AND AUTHORIZE THE CITY

CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY

RECORDER'S OFFICE

RECOMMENDATION
Accept the Pedestrian Intersection Crossing Enhancements Project, Federal Aid Project No. HSIPL-5030(066) and City Project No. PW9735, performed by Radman Electric of Hayward, California as complete and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

REASONS FOR RECOMMENDATION
The City Engineer has determined that the work has been completed in compliance with the project plans and specifications.

BACKGROUND AND DISCUSSION
The Safe, Accountable, Flexible, Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU) was signed into law on August 10, 2005, and established the Highway Safety Improvement Program (HSIP).

On September 11, 2019, the City of Vallejo was awarded $246,000 in HSIP funding for the Pedestrian Intersection Crossing Enhancements Project, Federal Aid Project No. HSIPL-5030(066) and City Project No.

PW9735 (Project).

On June 20, 2020, the City Council adopted a resolution to amend the FY 2020-21 Capital Improvement Program (CIP) Budget to include the $246,000 HSIP funds. The FY 2021-22 proposed Budget included an additional $250,000 in Transportation Impact Mitigation funds to provide additional funds for the Project.

On September 13, 2022, the City Council awarded the construction contract in the amount of $325,360 to the lowest responsive and responsible bidder, Radman Electric of Hayward, California. Construction started on October 24, 2022.

On June 13, 2023, the City Council approved an additional $250,000 in Senate Bill 1 (Road Maintenance Rehabilitation Act) for the Project when it approved the Capital Improvement Program for FY 2023-2024.

The improvements include warning signs, high visibility crosswalks, ADA-compliant curb ramps and sidewalks, and Rectangular Rapid Flashing Beacons (RRFBs) at five intersections:
• Redwood Street at Foothill Drive
• Redwood Street at Fairview Avenue
• Redwood Street at Howard Avenue
• Redwood Street at Valle Vista Avenue

Date: October 24, 2023
Subject:

ACCEPT THE PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS PROJECT, FEDERAL AID PROJECT NO. HSIPL-5030(066) AND CITY PROJECT NO. PW9735, PERFORMED

BY RADMAN, ELECTRIC AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

• Solano Avenue at Tuolumne Street/Virginia Street

During construction, existing underground utilities, existing landscape wall foundations, and other unforeseen site conditions required minor redesign and additional curb, gutter, sidewalk and asphalt work to meet federal ADA compliance were required to ensure the Project would pass Caltrans’ post construction field inspection and to maintain the City’s chances of receiving future federal grants. Accordingly, staff issued a construction contract change order in the amount of $226,740 under its authority as provided by Vallejo Municipal Code

3.20.220 - Contract amendments and change orders., i.e., staff “shall have authority to issue change orders that increase the contract amount, provided that the cost of the change order does not exceed the total amount authorized for the project by resolution.”

The Project was deemed substantially complete on June 1, 2023.

Staff recommends accepting the Pedestrian Intersection Crossing Enhancements Project, Federal Project No.

HSIPL-5030(066) and City Project No. PW9735 and authorizing the City Clerk's Office to file a Notice of Completion.

FISCAL IMPACT
The total budget and expenditures for the Pedestrian Intersection Crossing Enhancements, Federal Project No. HSIPL-5030(066) and City Project No. PW9735 is as follows:

SOURCES BUDGET EXPENDITURES
Fund 221: Grant / Reimbursements - Federal
Highway Safety Improvement Program
$246,000
Fund 201: Capital Outlay $50,000
Fund 203: Transportation Impact Mitigation Fee $250,000 Fund 226: Road Maintenance Rehabilitation Act
(RMRA)/Senate Bill 1 (SB1)
$250,000

Design Management (City Staff) ($48,000)
Construction Contract ($325,360)
Contract Change Orders (CCO) ($226,740)
Construction Management / Inspection (City Staff) ($138,515) TOTALS $796,000 ($738,615)

The remaining funding balance will be transferred to the next Capital Improvement Project in need of funding.

ENVIRONMENTAL REVIEW
Date: October 24, 2023
Subject:

ACCEPT THE PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS PROJECT, FEDERAL AID PROJECT NO. HSIPL-5030(066) AND CITY PROJECT NO. PW9735, PERFORMED

BY RADMAN, ELECTRIC AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301(c) “Existing Facilities” which applies to the repair and maintenance of highways and streets sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks, installation of RRFBs. Since federal grant funds are being utilized to fund this project, the environmental review under the National Environmental Policy Act (NEPA) was performed and approved on October 29, 2019, by Caltrans.

ATTACHMENTS

1. ATTACH A - LOCATION MAP-PW9735

CONTACT
Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]

LOCATION MAP

PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS PROJECT
FEDERAL PROJECT HSIPL-5030(066) AND CITY PROJECT NO.PW9735 N
O
R
T
H

REDWOOD AT

VALLE VISTA

REDWOOD AT

HOWARD REDWOOD AT

FOOTHILLREDWOOD AT

FAIRVIEW

SOLANO AT

TUOLUMNE/VIRGINA

SOLANO BLVD

Consent Calendar

8.K.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer/IT Director SUBJECT: ADOPT A PROCLAMATION IN RECOGNITION OF CYBER SECURITY MONTH

RECOMMENDATION
Authorize the Vallejo City Council to issue a proclamation in recognition of Cyber Security Month.

REASONS FOR RECOMMENDATION
Since 2004, the President of the United States and Congress have declared the month of October to be Cybersecurity Awareness month, a dedicated month for the public and private sectors to work together to raise awareness about the importance of cybersecurity. More details below in the background and discussion section of the staff report.

BACKGROUND AND DISCUSSION
This year marks the 20th year since cybersecurity awareness month was established by the President of the United States and Congress. The theme for this year is to secure our world. Secure our world reflects a new enduring message to be integrated across the cyber security and infrastructure agency's (CISA) awareness campaigns and programs, and encourages all of us to take action each day to protect ourselves when online or using connected devices.

The program promotes behavioral change across the nation, with a particular focus on how individuals, families and small to medium-sized businesses can secure our world by taking four critical actions below:

1. Using a strong password.

2. Turning on MFA (multi-factor authentication).

3. Recognize and report phishing and scam emails.

4. Applying the latest necessary updates to all of our devices.

The City of Vallejo utilizes and operates a complex network that spans across multiple locations in the city.

The complex network covers critical infrastructure such as:
• Public safety mission critical radio and 911 systems. • Public Safety records management system.
• Water distribution network management software SCADA (Supervisory Control and Data Acquisition).

In order to protect and safeguard mission critical data, the Information Technology Department deploys several state-of-the art technologies. The Information Technology staff constantly holds training sessions with staff to ensure the City of Vallejo remains safe at all time.

Date: October 24, 2023
Subject:

ADOPT A PROCLAMATION IN RECOGNITION OF CYBER SECURITY MONTH

FISCAL IMPACT
There is no fiscal impact to the General Fund.

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. Proclamation-Cybersecurity Awareness Month October 2023

CONTACT
Naveed Ashraf, Chief Innovation Officer/IT Director
[email protected]

Consent Calendar

8.L.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to the Mayor
SUBJECT: AUTHORIZE THE COUNCIL TO APPROVE A PROCLAMATION COMMEMORATING VETERAN’S DAY

RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation commemorating Veteran’s Day November 11, 2023..

REASONS FOR RECOMMENDATION
US Census data as of July 1, 2022, indicates that the City of Vallejo is home to 6902 veterans. In conjunction with the national holiday, the City of Vallejo has long recognized and honored its veterans with an annual proclamation on Veteran’s Day.

BACKGROUND AND DISCUSSION
According to the US Department of Veteran’s Affairs, Veteran’s Day, November 11 is a national holiday, and is observed on that day regardless of the day of the week it falls on. This is to preserve the historical significance of the original Armistice Day November 11, 1918, when during World War I the cessation of the hostilities between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. Commemorating November 11 focuses the attention on the celebration to honor America’s and Vallejo’s veterans for their willingness to serve and sacrifice for the common good.

In prior years the Veteran’s Day proclamations have been read at the local Veteran’s Day commemorations at the Mare Island Cemetery and at the Veteran’s memorial behind City Hall.

The granting of this proclamation is in accordance with City of Vallejo policy.

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.

ATTACHMENTS

1. 10242023Veteran's Day November 11 2023

CONTACT
Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]

Date: October 24, 2023
Subject:

AUTHORIZE THE COUNCIL TO APPROVE A PROCLAMATION COMMEMORATING VETERAN’S DAY

Consent Calendar

8.M.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S RESPONSE TO THE 2022-2023 GRAND JURY REPORT ENTITLED "VALLEJO POLICE DEPARTMENT FACILITY: THE HEALTH HAZARD CONTINUES" AND AUTHORIZING THE CITY CLERK

TO FORWARD THE RESPONSE TO THE PRESIDING JUDGE OF THE SOLANO

COUNTY SUPERIOR COURT AND FOREPERSON OF THE SOLANO COUNTY GRAND JURY

RECOMMENDATION
Adopt a Resolution approving and authorizing the City's Response to the 2022-2023 Grand Jury Report entitled "Vallejo Police Department Facility: the Health Hazard Continues" and authorizing the City Clerk to forward the Response to the Presiding Judge of the Solano County Superior Court and Foreperson of the Solano County Grand Jury.

REASONS FOR RECOMMENDATION
The City Council is required by law to respond to the Grand Jury Report and to comment on its findings.

Adopting the resolution approving and authorizing the response and directing the City Clerk to forward it to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano Grand Jury will satisfy this obligation.

BACKGROUND AND DISCUSSION
The 2022-2023 Civil Grand Jury ("Grand Jury") investigated the conditions of the Vallejo Police Department building located at 111 Amador Street in Vallejo. The Grand Jury found the building to be in poor condition and possibly hazardous to Police Department staff. The Grand Jury toured the Amador Street facility and interviewed City Police and Fire Department staff. Specifically, the Grand Jury indicated that it observed the same conditions as those observed by the 2021-2022 Civil Grand Jury.

The Grand Jury issued the following two findings:

Finding 1: The Vallejo Police Department facility continues to deteriorate, is deemed to be unsafe, and requires major repair.

Finding 2: Moving the Vallejo Police Department out of its current location is warranted given the health and safety concerns.

The City Manager has prepared a response to the Report on behalf of the City of Vallejo for the City Council's consideration and approval. If approved, the City Clerk will forward the response to the Presiding Judge of the Solano County Superior Court and provide an electronic copy to the Foreperson of the Civil Grand Jury as required by law.

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S RESPONSE TO THE 2022-2023 GRAND JURY REPORT ENTITLED "VALLEJO POLICE DEPARTMENT FACILITY:

THE HEALTH HAZARD CONTINUES" AND AUTHORIZING THE CITY CLERK TO FORWARD

THE RESPONSE TO THE PRESIDING JUDGE OF THE SOLANO COUNTY SUPERIOR COURT

AND FOREPERSON OF THE SOLANO COUNTY GRAND JURY

FISCAL IMPACT
None.

ENVIRONMENTAL REVIEW
None.

ATTACHMENTS

1. RESOLUTION Response to 22-23 GJ Report re VPD Facility_CAO stamp

2. Ex A - Response to Grand Jury Report re VPD Facility

3. Grand Jury Report VPD Facility

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]

RESOLUTION NO. 23-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE RESPONSE TO THE 2022-2023 GRAND JURY REPORT ENTITLED “VALLEJO POLICE DEPARTMENT FACILITY: THE HEALTH HAZARD CONTINUES” AND AUTHORIZING THE

CITY CLERK TO FORWARD THE RESPONSE TO THE PRESIDING JUDGE OF THE SOLANO

COUNTY SUPERIOR COURT AND FOREPERSON OF THE SOLANO COUNTY GRAND JURY WHEREAS, pursuant to Penal Code section 933, a public agency that receives a Grand Jury Report addressing aspects of the public agency’s operations must comment on the report’s findings and recommendations contained in the report in writing to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and
WHEREAS, the City Council of the City of Vallejo has received and reviewed the 2022-2023 Solano County Civil Grand Jury Report released on June 26, 2023, entitled “Vallejo Police Department Facility: The Health Hazard Continues,” and reviewed the City’s prepared response to the Report.

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 and authorizes the response to the 2022-2023 Solano County Grand Jury Report entitled “Vallejo Police Department Facility: The Health Hazard Continues,” a copy of which is attached hereto as Exhibit A and incorporated herein.

Section 2. The City Council of the City of Vallejo directs the City Clerk to forward the City’s Grand Jury Report response to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano County Grand Jury.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 24, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
October 24, 2023
Honorable Judge Wendy Getty
Presiding Judge of the Superior Court
Solano County Superior Court
600 Union Avenue
Fairfield, CA 94533
Sent Via Email: [email protected]
RE: 2022-2023 Grand Jury Report Entitled: Vallejo Police Department Facility: The Health Hazard Continues
Dear Judge Getty:

This letter contains the City of Vallejo’s response to the Solano County Grand Jury Report of June 26, 2023, regarding the follow-up to the 2021-2022 Solano County Civil Grand Jury report about the Vallejo Police Department facility conditions.

Finding 1: The Vallejo Police Department facility continues to deteriorate, is deemed to be unsafe, and requires major repair.

Response: Partially Agree. The Vallejo Police Department facility has deteriorated and does require major repair. However, the safety of the facility continues to be regularly monitored and addressed. The City recently entered into a contract with Indigo Hammond & Playle Architects, LLP for the design and preparation of plans to construct a new City of Vallejo Police Headquarters facility at 111 Amador Street.

Recommendation 1: The Jury recommends that the lack of repair of the Vallejo Police Department facility be referred to the appropriate regulatory agency.

Response: Recommendation will not be implemented.

Finding 2: Moving the Vallejo Police Department out of its current location is warranted given the health and safety concerns.

Response: Disagree. See Response to Finding 1, above.

Recommendation 2: Re-location is highly recommended.

Response: Recommendation will not be implemented at the immediate time. See Response to Finding 1, above.

Please let us know if you have any questions or require further information.

Sincerely,
Terrance Davis
Assistant City Manager

Action Item

9.A.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

RECOMMENDATION
Receive an update from staff on a technical comparison of potential sites to accommodate a temporary Emergency Dispatch Center relocation (pending the completion of a new police building) and provide direction on a final location and additional funding, if needed.

REASONS FOR RECOMMENDATION
Relocation of the Emergency Dispatch Center is a City Council objective and direction on the final desired location is necessary to begin the project. Cost comparisons have been completed per Council direction to inform a final decision.

BACKGROUND AND DISCUSSION
At present, the Emergency Dispatch Center (EDC) is located at 111 Amador Street in a building that serves as the headquarters for the Vallejo Police Department (VPD). The building was built in the 1960’s to house both officers and staff of the police department. However, today, the building is in poor condition. It has a long list of maladies and insufficiencies, such as unreliable sewage lines and periodic floods, building materials that contain lead and asbestos, and an insufficient HVAC system in need of replacement.

On April 11, 2023, the Vallejo City Council authorized the design of a new police facility at the Amador location, and the first phase of design is underway. However, completion of full design and construction of a police headquarters will take several years, and there is an immediate desire to relocate the dispatch center temporarily until a new facility is completed. On December 13, 2022, the City Council authorized $1.5 million of American Rescue Plan Act (ARPA) funding for a dispatch center relocation project.

The EDC consists of a total of 24 employees that work at various shifts throughout the day. Usually, eight people are in service during an eight-hour shift. Currently there is no plan to expand the service beyond this number of staff members during the two-year transition period of moving the EDC to a new location. Based on the number of authorized employees, approximately 2,200 square feet of space is required to accommodate EDC’s functions.

The City of Vallejo currently utilizes several state-of-the-art technologies for an operational PSAP (public safety answering point) at 111 Amador Street. This highly specialized and mission critical equipment needs to be moved in a systematic manner to a new dispatch location. Unfortunately, the existing equipment simply cannot be taken down and moved to a new location. The major requirement is that the current dispatch must remain in operation due to its critical nature until a new dispatch center is fully ready for operation, which will result in additional cost and lead time for the relocation.

Site Identification
At the time of initial ARPA funding, staff identified 400 Mare Island as the most feasible site for relocation of

Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

the EDC; however, additional potential sites underwent a more detailed vetting as follows (please note that there is no significance to the order in which these sites are listed):

1. Amador Portable Units (Purchase of new portables and locate on existing VPD campus)

2. 2 Florida Street (Former Code Enforcement Office)

3. 970 Nimitz Way (Fire Administration Bldg)

4. 400 Mare Island Way (Office Complex)

In addition to the city-owned facilities above, staff also examined other potential options, including:
• JFK Library Building
• City Hall
• Commercial office buildings
• former Solano County Courthouse, and
• Solano and Contra Costa Emergency Operations Centers (via lease).

These options did not prove viable for a variety of factors and did not meet the evaluation criteria for a suitable site. Both County EOCs are unable to accommodate the City's entire emergency dispatch staff and trainees. While consolidation of dispatch at the county level is generally a stated goal, there are significant radio and communication systems investments required prior to this being a viable option for consideration.

JFK and City Hall lack backup power and secure parking facilities, which would add considerable cost to the project. New generators and electrical upgrades for these facilities were estimated in 2020 and determined to be between $700,000 to $900,000 per site.

Site Evaluation Criteria
With a primary goal for an expeditious and cost effective relocation, scenarios that allow for a minimum of effort in the preparation of space are highly desired. Therefore, the following criteria have been established for choosing a temporary location for the EDC:
• Americans with Disability Act (ADA) Compliance: Access to the building should be compliant with the appropriate distance from the compliant parking spaces to the building entrance, ramps/lifts as needed, compliant restrooms etc.
• Defensible Space: Property must allow for a buffer zone and/or fencing as a measure of protection for emergency dispatch staff and visitors to the site. This facility would serve as a command center if there is social unrest or another type of emergency and must be secure from intrusion. • Backup Power: EDC requires reliable backup power generation capable of sustaining operations during extended power disruptions.
• Communication Antenna: Access is needed to a communications tower. Facilities must be within a certain radius for communications equipment to be maximized and effective. • Structural: The EDC is considered an essential facility and must meet a higher standard of structural stability.
• Cost Effectiveness: If the target site already has services needed by the unit in place, it serves as a net gain in the project cost.
• Design Effort: All sites will require a design effort to adapt the site for the needs of the EDC. However, some sites will require more work than others.
• Accessibility: The site should have street access.

Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

• Site Utilities: The selected site must also have utilities sufficient to power and support all the functions required. Each site will be viewed through the lens of the criteria listed above.

Evaluation Results
Staff, with support from civil engineering consultants, conducted high level analysis of each location to determine probable construction costs and overall feasibility. Although these are existing city facilities, the level of architectural and engineering assessments required to support repurposing the structures for specific use as an essential service/emergency dispatch center has never been completed for most of the sites.

Therefore, to avoid unnecessary expenditure, full structural, security, accessibility, and communications system assessments were not completed.

Site Estimated
Construction Cost Suitability Analysis
400 Mare Island Way $840,000
ADA Compliance: The building is ADA
compliant.

Defensible Space/ Site Security: The
building is on a generous site. Additional
security measures can be implemented per
the operational needs. Permiter fencing and
parking is readily avaiable.

Structural: The structural integrity of the
building will need to be determined.

However, the building was built recently.

Communication Antenna Access: Needs to
be verified whether the proximity to a
communications tower is sufficient.

Required Design Effort: A design effort will
be required.

Site Accessibility: The site is adjacent to a
major street.

Site Utilities: Utilities are on-site. It will
need to be verified that the power to the
facility is sufficient for the EDC’s purposes.

The existing generator on site is adequate,
but may require additional electrical
upgrades.

Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

2 Florida St $1,620,000
ADA Compliance: A design will be
required for the building to accommodate
the EDC. The design will make
improvements that facilitate ADA
compliance..

Defensible Space/ Site Security: The site is
exposed and has limited space for the
addition of fencing and other security
measures. Therefore, its use is in question.

Structural: The structural integrity of the
building will need to be improved to
provide the standard required for an
essential building. Seismic upgrades are
required.

Communication Antenna Access: Needs to
be verified whether the proximity to a
communications tower is sufficient
Required Design Effort: A moderate design
effort will be required. An architectural firm
will need to be brought on board to create a
design for the unit. The building is
undersized and, as a result, not suitable for
use as an EDC.

Site Accessibility: The site is adjacent to
major roadways and is in a good location
for city services.

Site Utilities: Utilities are on-site. It will
need to be verified that the power to the
facility is sufficient for the EDC’s purposes.

The site lacks back up power generation,
which would need to be installed.

Other Considerations: The building is
somewhat undersized for use as the EDC.

HVAC system will need to be replaced. The
interior of the building is discontinuous and
not contiguous. A new one-story structure
Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

could be built here in lieu of the renovation
of the existing building.

Amador St. Portables (New
Purchase)
$946,000
ADA Compliance: Since a new design will
be required for the installation, both the
interior and the exterior will comply with all
ADA requirements.

Defensible Space/ Site Security: There is
sufficient space on-site for securing the
facility with fencing and other measures
deemed necessary by the City.

Structural: Trailers must meet the structural
requirements of an essential building.

Communication Antenna: Access Facility
would be near the communications towers
used by the VPD.

Required Design Effort: A moderate design
effort will be required. An architectural firm
will need to be brought on board to create a
design for the unit. The trailers can be either
purchased or rented. Once acquired, they
will have to be modified to meet the needs
of the EDC.

Site Accessibility: The site is adjacent to
major roadways and is at a central location
for city services.

Site Utilities: Utilities on-site will need to
be diverted for use by the trailers.

Additional costs for generators or some
other type of backup emergency power will
be needed.

Other Considerations: This area is also
being considered as an option for locating
the police department while construction
activities are completed for a new facility.

Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

970 Nimitiz $1,440,000
ADA Compliance: A design will be
required for the building to accommodate
the EDC. The design will make
improvements that facilitate ADA
compliance. The building does not have an
elevator. However, the EDC would be
housed on the first level. Also, ADA
compliance will need to be provided in the
design.

Defensible Space/Site Security: The site is
exposed and has limited space for the
addition of fencing and other security
measures. Fencing and parking
improvements are required for dispatch use.

Structural: The building is already an
essential facility. So, the structural integrity
of the building is most likely acceptable.

Communication Antenna Access: Needs to
be verified whether the proximity to a
communications tower is sufficient.

Required Design Effort: A design effort will
be required. An architectural firm will need
to be brought on board to create a design for
the unit.

Site Accessibility: Site is in a remote area at
the city’s dock.

Site Utilities: Utilities are on-site. It will
need to be verified that the existing power
to the facility is sufficient for the EDC’s
purposes. Existing backup emergency
power, however, upgrades may be required.

Other Considerations: The building is
isolated on a dock on Mare Island. In
addition, ADA compliance improvements
will be needed throughout the exterior and
interior.

Date: October 24, 2023
Subject:

RECEIVE AN UPDATE ON THE STATUS OF THE TEMPORARY RELOCATION OF THE

EMERGENCY DISPATCH CENTER AND PROVIDE DIRECTION TO STAFF

FISCAL IMPACT
On December 13, 2022, the City Council allocated $1,500,000 for a temporary Emergency Dispatch Relocation Project, and this allocation is in the approved FY23-24 Capital Improvement Budget. To date, none of this funding has been expended.

The City's Motorola radio system, associated microwave links, associated hard wire redundant links, and dispatch consoles will need to be purchased and setup in the new location. This critical infrastructure needs to be in place and fully operational before the move. The original estimate for new radio and dispatch communication console equipment was $750,000. However, the cost for this portion has substantially increased and is now $1,200,000. Given this, there is an estimated project gap between $900,000 and $1.4 million, depending on site selection.

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

ATTACHMENTS
None

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]

Action Item

9.B.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: UPDATE ON ACTIONS TAKEN AND CONFIRMATION OF THE CONTINUED EXISTENCE OF THE

CONDITIONS LEADING TO THE DECLARATION OF A STATE OF LOCAL EMERGENCY RELATING

TO PUBLIC SAFETY STAFFING

RECOMMENDATION
Receive the update and confirm the continued existence of the conditions leading to the declaration of a state of local emergency.

REASONS FOR RECOMMENDATION
As presented at the July 25, 2023 City Council meeting, the City of Vallejo Police Department is facing a significant staffing crisis and the number of sworn staff continues to decline. When presented with this information, City Council unanimously agreed to approve a Proclamation of Emergency. The proclamation allows the City Manager to quickly implement changes related to police staffing and the continuation of providing police services to Vallejo.

State law requires that it be reaffirmed every 60 days. The 60th day since the last confirmation of the proclamation is November 11, 2023.

BACKGROUND AND DISCUSSION
On July 25, 2023, the City Council unanimously voted to approve a Proclamation of Emergency due to the critical staffing levels at the City of Vallejo Police Department. Below is an update on the items previously discussed when the local emergency was declared:

Status of the 4 Phases (as of October 10, 2023):

Phase #1 – Service Model Reduction
This phase has been partially implemented. The department is working with the City Attorney’s Office on revising the municipal code relating to alarm calls, as well as holding public town halls and community meetings to discuss the service model change in order to fully implement this service reduction.

Phase #2 & #3 – Rotation of Officers to Patrol Shifts & Completely Collapsing Traffic and Detective Divisions Phase #2 is completed.

Phase #3 is in progress with the Traffic Division collapsed. Taskforce officer re-deployed to Detective Division, and Corporal promotions allowed the ability to even out patrol teams.

Phase #4 – Modifying All Patrol Shifts to 12-hour Shifts or Another Staffing Model VPOA will not voluntarily change to 12-hour shifts.

Current Staffing Numbers (as of October 10, 2023):
• Total Sworn Staffing: 75

Date: October 24, 2023
Subject:

UPDATE ON ACTIONS TAKEN AND CONFIRMATION OF THE CONTINUED EXISTENCE OF THE CONDITIONS

LEADING TO THE DECLARATION OF A STATE OF LOCAL EMERGENCY RELATING TO PUBLIC SAFETY

STAFFING

• Number of Officers Working Patrol: 34

Outside Agency Assistance:

Solano County Sheriff may be open to discussing and developing a plan to provide contract services once an MOU is executed with VPOA.

Emergency Conditions Remain:

As stated above on July 23, 2023, the City Council adopted a proclamation declaring a state of local emergency pursuant to Government Code Section 8550 et. seq. Pursuant to California Government Code Section 8630(c) the City Council is required to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. Council last reaffirmed the emergency at its September 12, 2023 meeting.

Based upon the continuing staffing conditions outlined above,staff requests that the City Council reaffirm the existence of the state of local emergency.

FISCAL IMPACT
There is no immediate financial impact associated with this item. Any potential impact will be brought back to City Council with related costs.

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

ATTACHMENTS
None

CONTACT
Jason Ta, Interim Chief of Police (707) 648-4540
[email protected]

Consent Calendar

9.C.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
Kent Carothers, Water Engineering Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EMA, INC. FOR SCADA SYSTEM UPGRADES FOR A NOT-TO-EXCEED AMOUNT OF $2,149,594

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with EMA, Inc. to improve the SCADA system for a not to exceed amount of $2,149,594.

REASONS FOR RECOMMENDATION
Approval of the First Amendment provides continuity for continued efforts in improving the Supervisory Control and Data Acquisition (SCADA) system to increase security and operations of the water treatment plants, reservoirs, pump stations, and valves. EMA, Inc. provides the City with professional services in support of the City’s coordinated drinking water operations overall. The Master Plan identified several new SCADA projects critical to the effective operation of the water system, and it is in the best interest of the City to amend the existing professional services agreement with EMA, Inc. for EMA, Inc to prioritize and work on these projects.

BACKGROUND AND DISCUSSION
In March 2021, the Water Department solicited proposals for performing professional engineering and environmental services to develop a Master Plan for the Water Department’s Supervisory Control and Data Acquisition (SCADA) system. After an evaluation of scores based on the proposals and interviews of the vendors that submitted proposals, EMA, Inc. was awarded the professional services agreement. Although the City’s existing SCADA system is still functional, there remains an ever-increasing need to enhance, standardize, improve, and upgrade the aging infrastructure and software. The Water Department executed a contract with EMA, Inc. in December 2021 for a term of two years, with the option to extend up to three additional years, with a not-to-exceed amount of $429,944.

As part of the ongoing Master Plan development, EMA has assessed the current state of the City’s SCADA systems, developed a list of future SCADA requirements, and performed a gap analysis to identify potential essential improvement projects and initiatives. A total of 14 short-term projects and 12 long-term conceptual project scopes have been identified to address SCADA system enhancements needed to meet the system requirements. Among these projects, 12 of the short-term initiatives have been deemed as quick wins for the City, with the potential for execution within a 12-month timeframe. It was determined that 8 of these projects could be completed by EMA, with the other two completed by Telstar (the City's long-standing SCADA consultant providing daily operational support). The projects EMA will work on are listed in the table below.

FISCAL IMPACT
This First Amendment Agreement increases the not to exceed amount to $2,194,594, a $1,719,650 increase over the original contract amount and extended through September 30, 2026. These professional services are funded through 2021A Water Bond Funds through water project number WT7086. There will be no fiscal

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EMA, INC. FOR SCADA SYSTEM UPGRADES FOR A NOT-TO-EXCEED AMOUNT OF $2,149,594

impact on the General Fund associated with this amended agreement.

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. bas_EMA - Reso for First Amendment to 22-WD094_DB (1) CAO STAMP

2. EMA - 1st Amendment to 22-WD094 REVISED CAO STAMP

3. EMA - Professional Services Agreement 22-WD094_Fully Executed

CONTACT
Beth Schoenberger, Water Director, 707-648-5439
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________

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

CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EMA, INC. FOR SCADA SYSTEM UPGRADES WHEREAS, the City of Vallejo Water Department possess a variety of assets requiring upkeep and enhancement to the functioning of the City’s available water treatment plants, reservoirs, and pump stations; and
WHEREAS, in December 2021 the City of Vallejo and EMA, Inc. executed a two-year contract with the option to extend for three additional years, for an amount not to exceed $429,944 for development of the Master Plan for the City’s Supervisory Control and Data Acquisition (SCADA) system needed to operate, maintain, and secure water facilities in City of Vallejo Water Department service areas; and
WHEREAS, the Water Department determined that is in the City’s best interest to utilize the services provided by EMA, Inc. to perform work to complete projects identified in the Master Plan; and
WHEREAS, a first amendment to the agreement is necessary to increase the not to exceed amount to $2,149,594.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager of the City of Vallejo City to execute a First Amendment to the Professional Services Agreement with EMA, Inc., for the performance of professional engineering and environmental services in continued improvement of the SCADA system for the Water Department Facilities to increase the total amount of the contract not-to-exceed to $2,149,594 and extend the term through September 30, 2026.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on June 27, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and EMA, Inc. Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO
AND
EMA, INC.

This First Amendment to the Consultant and Professional Services Agreement made and entered into on December 7, 2021, hereafter referred to as Agreement, between EMA, Inc., a Minnesota Corporation, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this _____ day of June 2023.

Consultant and City do mutually agree as follows:

1. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on September 30, 2023. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on September 30, 2026.

2. Additional Services. The scope of services to be provided as specified in Exhibit A of the Agreement is amended to include the services described in Exhibit A of this First Amendment (“Additional Services”).

3. Payment for Additional Services. In consideration of Consultant providing the Additional Services, Consultant shall be paid an amount not to exceed One Million Seven Hundred Nineteen Thousand Six Hundred Fifty Dollars and Zero Cents ($1,719,650.00).

The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by said amount and the new not to exceed amount is Two Million One Hundred Forty- Nine Thousand Five Hundred Ninety-Four Dollars and Zero Cents ($2,149,594.00).

Consultant agrees that the amount of increase in the not to exceed amount specified above shall constitute full compensation for the Additional Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the Additional Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.

4. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.

First Amendment to Agreement Between City of Vallejo and EMA, Inc. Page 2 of 3 (Revised 01.2019)

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

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

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

8. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and EMA, Inc. Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

EMA, INC.,
a Minnesota Corporation
BY:

TIMOTHY S. PAYNE
Vice President
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

MIKE MALONE
City Manager
DATE:

ATTEST:

DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:

For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager

CITY ATTORNEY’S REPORT
October 24, 2023 – City Council Agenda
TO:Mayor and Members of the City Council
FROM:Veronica A. F. Nebb / VN
SUBJECT: Quarterly Report for FY 2023/2024, First Quarter (July - September 2023)
The following list of projects, work, and statistics represents an overview of the work performed at the City Attorney’s Office during the first quarter of Fiscal Year 2023/2024. Some projects and items have been omitted due to their sensitive nature. If Councilmembers or officials have any questions, please feel free to contact the City Attorney privately, as many of the below items are attorney-client privileged and, therefore, not appropriate for public discussion.

I. Litigation:
a. Number of Pitchess Motions served on the City this FY Quarter: 3 b. Number of Pitchess Motions served on the City this FY: 3 c. Summons & Complaints (New cases this FY Quarter): 7 (see below) File Name Case # Served Date City’s Counsel
California Automobile Ins. Co. v. City of Vallejo CU23-02854 08/07/2023 Hampton Jackson, DCA Harrison/Belcher, et al. v. City of Vallejo 23CV000984 08/07/2023 Hampton Jackson, DCA Hundal Foods, Inc. v. Chiang, Robert, et al. CU23-00311 09/13/2023 Hampton Jackson, DCA Leitzke, Melisse v. City of Vallejo, et al. CU23-02170 07/11/2023 Katelyn Knight, ACA McMahon, Ryan v. Whitney, John, et al. 2:23-cv-01972-KJM-JDP 09/25/2023 Katelyn Knight, ACA Nickolas, Ivy v. City of Vallejo CU23-00273 07/10/2023 Katelyn Knight, ACA Tomerlin, Myles Leroy v. Mesa, Rosendo 2:23-cv-01755-KJN 09/26/2023 Katelyn Knight, ACA Mayor and Members of the City Council
Re: City Attorney’s First Quarterly Report for FY 2023/2024 October 24, 2023 - City Council Agenda

d. Case Resolutions this FY Quarter: 5 (see below)
File Name Case # Resolved City’s Counsel
Green v. City of Vallejo, et al. CU23-00329 08/07/2023 Katelyn Knight, ACA Kennedy v. Taylor, et al. CU23-1125 08/29/2023 Hampton Jackson, DCA Rhodes, et al. v. State of CA DOT, et al. CU23-02872 09/20/2023 Hampton Jackson, DCA Sanz v. City of Vallejo, et al. 2:19-cv-002134-TLN-DB 07/25/2023 Katelyn Knight, ACA Tomerlin v. Mesa 2:23-cv-01755-KJN 09/26/2023 Katelyn Knight, ACA e. Summons & Complaints (New) Q1 – FY 23/24: 7 Summons & Complaints FY 23/24 to date 7
f. Total Active Litigation Cases as of FY end: 52 (Lit – 38 and NLP – 14)
II. Funds Recovered from Third Parties Q1 – FY 23/24: $0.00 (see details below)
Funds Recovered from Third Parties FY 23/24
to date: $0.00