Agenda packet — Vallejo City Council, November 14, 2023 (part 1 of 4)

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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
NOVEMBER 14, 2023

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

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

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

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

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

Vallejo City Council Chambers ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF HUNGER & HOMELESSNESS AWARENESS WEEK - NOVEMBER 11-18, 2023
B. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF SMALL BUSINESS, SATURDAY, NOVEMBER 25, 2023
C. RECOGNITION OF THE CITY OF VALLEJO YOUTH DELEGATION

ATTENDING THE NLC CONFERENCE

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

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approval of minutes for the special meetings of October 17 and the special and regular meetings of October 24, 2023 Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT

OF BOATING AND WATERWAYS AND PROVIDING NOTICE OF THE
INTENT TO AMEND THE MARINA FUND BUDGET (STEP 1)
Recommendation:

1. Adopt a resolution authorizing the City Manager to execute a grant agreement with the California Department of Boating and Waterways.

2. Provide notice of intent to amend the FY 2023-24 Marina Fund budget to recognize the grant revenue and authorize expenditures for the PWM08 Marina Abandoned Boat Project.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
D. ADOPT A RESOLUTION APPROVING SEPARATE CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENTS WITH TWO CONSULTING
FIRMS: F.J. KENNEDY AND ASSOCIATES, INC. AND SONOMA RSA, INC. (DOING BUSINESS AS RSA+) TO PROVIDE ON CALL STORMWATER

MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH

CONTRACT
Recommendation: Adopt a Resolution approving separate consultant and professional services agreements with two consulting firms, F.J. Kennedy and Associates, Inc. and Sonoma RSA, Inc. (doing business as RSA +), to provide stormwater management services and authorizing the City Manager to execute same in an amount not to exceed $500,000 for each contract.

Contact: Mark Helmbrecht, Acting Public Works Director 707-648-4433 [email protected]
E. ADOPT A RESOLUTION APPROVING SEPARATE DESIGN

PROFESSIONAL SERVICES AGREEMENTS WITH THREE CONSULTING
FIRMS: 1) CSW/STUBER-STROEH ENGINEERING GROUP, INC., 2) GATES + ASSOCIATES, AND 3) INTEGRA LANDSCAPE ARCHITECTURE, INC. TO PROVIDE ON-CALL LANDSCAPE ARCHITECT SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH
Recommendation: Adopt a Resolution approving separate design professional services agreements with three consulting firms: CSW/Stuber-Stroeh Engineering Group, Inc., Gates + Associates, and INTEGRA Landscape Architecture, Inc., to provide on-call landscape architect services, and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.

Contact: Mark Helmbrecht, Acting Public Work Director, 707-648-4433 [email protected]
F. CITY TREASURER’S INVESTMENT REPORT
Recommendation:

Accept the City Treasurer’s Investment Report for the quarter ended September 30, 2023.

Contact: Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
G. ADOPT RESOLUTION ACCEPTING THE US NATIONAL PARKS SERVICE

SAVE AMERICA'S TREASURES PROGRAM GRANT AND PROVIDE
NOTICE OF INTENT TO AMEND FY 2023-24 BUDGET BY $750,000 (STEP 1)
Recommendation: Adopt resolution accepting the US NPS Save America's Treasures grant award totaling $750,000 and providing notice of intent to amend the Fiscal Year 2023-24 General Fund (Fund # 001) and Mare Island Base Reuse fund (Fund # 107) budget for the NPS: Saving America's Treasures grant to recognize revenue and appropriate additional expenditures in the amount of $750,000 for the related local match.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
H. ADOPT A RESOLUTION AMENDING THE CAPITAL GRANT AND
CONTRIBUTION FUND #221 FISCAL YEAR 2023-24 BUDGET TO

INCREASE REVENUES AND EXPENDITURES IN THE AMOUNT OF
$555,927 FOR THE MARE ISLAND INFRASTRUCTURE ASSESSMENT

PROJECT
Recommendation: Adopt a Resolution amending the Capital Grant and Contribution Fund #221 fiscal year 2023-24 budget to increase revenues and expenditures in the amount of $555,927 for the Mare Island Infrastructure Assessment Project.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
I. ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

FOUR PURCHASE AGREEMENTS AND TWO AMENDMENT AGREEMENTS

FOR WATER TREATMENT CHEMICAL SUPPLIES
Recommendation: Adopt a resolution authorizing the City Manager to execute four purchase agreements and two amendment purchase agreements related to chemical purchases for Water Department Operations with a combined total not to exceed of $1,325,192.

Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
J. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH
4LEAF, INC TO ADD BUILDING SERVICES, EXTEND THE TERM
THROUGH DECEMBER 4, 2024, AND INCREASE THE CONTRACT
AMOUNT BY $236,600 TO A NOT-TO-EXCEED AMOUNT OF $305,080,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving a First Amendment to the Consultant and Professional Services Agreement with 4LEAF, Inc. to add building services, extend the term through December 4, 2024, and increase the contract amount to a not-to-exceed amount of $305,080, and authorizing the City Manager to execute same.

Contact: Christina Ratcliffe, AICP, Planning and Development Services Director (707) 648-4382
[email protected]
K. ADOPT A RESOLUTION APPROVING A CONTRACT WITH TELSTAR

INSTRUMENTS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES IN A NOT-TO-EXCEED AMOUNT OF
$500,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving a contract with Telstar to perform SCADA system upgrades in a not to exceed amount of $500,000 and authorize the City Manager to execute the contract.

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

9. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first.

A. ADOPT A RESOLUTION APPROVING PROJECT PLANS AND
SPECIFICATIONS FOR THE SIDESHOW DETERRENT PROJECT NO. PW9430,

AWARDING A CONSTRUCTION CONTRACT TO CALIFORNIA HIGHWAY
CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $889,500, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving project plans and specifications for the Sideshow Deterrent Project, Project No. PW9430, awarding a construction contract to California Highway Construction, Inc. in the amount of $889,500.00 and authorizing the City Manager to execute same.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
B. ADOPT A RESOLUTION APPROVING PROJECT PLANS AND

SPECIFICATIONS FOR THE REDWOOD STREET ROAD DIET PROJECT (PROJECT NO. PW9731), AWARDING A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. IN THE AMOUNT OF $1,342,275.60, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN

ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS
Recommendation: Adopt a Resolution approving project plans and specifications for the Redwood Street Road Diet Project (Project No. PW9731) and awarding a construction contract in the amount of $1,342,275.60, to VSS International, Inc. and authorizing the City Manager to execute same in accordance with the approved plans and specifications.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
C. PROVIDE NOTICE OF INTENT TO AMEND THE FY 2023-24 BUDGET TO APPROPRIATE $300,000 FROM GENERAL FUND BALANCE FOR CALDOJ

EXPENDITURES
Recommendation: Provide notice of intent to amend the City’s Fiscal Year 2023-24 General Fund Budget to appropriate $300,000 in General Fund balance for California Department of Justice (CalDOJ) expenditures.

Contact: Mike Malone, City Manager (707) 648-4576
[email protected]
D. COUNCIL DIRECTION TO STAFF REGARDING VIRTUAL PUBLIC

COMMENT AT CITY COUNCIL, BOARD, COMMISSION AND COMMITTEE

MEETINGS
Recommendation: Following discussion, provide direction to staff regarding the continuation of public comment virtually at City Council and all advisory body meetings. There is no staff report associated with this item.

Contact: Mike Malone, City Manager (707) 648-4576
[email protected]

10. INFORMATION CALENDAR
NOTICE: Members of the public wishing to address the Council on Information Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first.

A. RECEIVE AN UPDATE ON PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on public safety staffing emergency. This is an informational item only and no staff report or action is associated with this item
Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

13. COMMUNITY FORUM
Any interested members of the public desiring to communicate with the City Council as part of the last Community Forum may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first.

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

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Wednesday, November 8, 2023

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 12:30 p.m., Wednesday, November 8, 2023.

Dated: Wednesday, November 8, 2023

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
October 17, 2023
Page | 1

VALLEJO COUNCIL

SPECIAL MEETING MINUTES
OCTOBER 17, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived at 5:15 p.m.), Councilmembers Arriola, Bregenzer, Loera-Diaz (arrived at 5:02 p.m.), Matulac, and Palmares

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Manager Davis, Deputy City Attorney Jacob The Council convened into Closed Session in the Council Conference Room at 5:02 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4):

Three Cases

4. ADJOURNMENT
The meeting adjourned at 5:59 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
October 17, 2023
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
OCTOBER 17, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares

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

3. PLEDGE OF ALLEGIANCE
Following the Pledge of Allegiance, City Attorney Nebb reported out of Closed Session and noted that Council provided direction to legal counsel regarding Item 3A.

4. ACTION CALENDAR
A. RECEIVE PRESENTATION ON COMMUNITY ACTION PARTNERS OF

SOLANO JOINT POWERS AUTHORITY STAFFING STRUCTURE AND

PROVIDE DIRECTION
Recommendation: Receive a presentation from staff and provide direction on a recommended staffing structure for the Community Action Partners of Solano Joint Powers Authority (CAP Solano).

Contact: Micahel Malone, City Manager(707) 648-4576
[email protected]
Assistant to the City Manager Peterson provided background information, discussed Vallejo’s representation and current financial obligations, reviewed JPA staffing need and requests from the JPA Board, presented potential funding options, and outlined next steps.

Staff responded to questions from Councilmembers. Councilmembers provided comment and direction to staff on recommended staffing structure for the CAP solano and funding options.

Speakers: Anne Carr.

Councilmembers provided additional comments.

5. INFORMATION CALENDAR
A. HIRING UPDATE CITYWIDE
Recommendation: This item is for informational purposes only. There is no Special City Council Meeting Minutes
October 17, 2023
Page | 2
action or staff report associated with this item
Contact: Stehpanie Sifuentes, Human Resources Director
[email protected]
Human Resources Director Sifuentes discussed Citywide vacancies by department as of October 13, outlined recruitment strategies and the future of HR.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

6. ADJOURNMENT
The meeting adjourned at 7:43 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
October 24, 2023
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
OCTOBER 24, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares

Absent: None
Staff present: City Manager Malone, Chief Assistant City Attorney Risner, City Clerk Abrahamson, Assistant City Manager Davis, and Chris Beauchaine (outside legal counsel)
The Council convened into Closed Session at 6:02 p.m.

3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) and/or Government Code section 54956.9(d)(3): one case.

4. ADJOURNMENT
The meeting adjourned at 7:05 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
October 24, 2023
Page | 1

VALLEJO

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
OCTOBER 24, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:09 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares

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

3. PLEDGE OF ALLEGIANCE

4. CLOSED SESSION
City Attorney Nebb reported there is no action to report regarding Closed Session Item 3A.

5. PRESENTATIONS AND COMMENDATIONS
Action: Introduction of new employees was rescheduled to a future council meeting.

Mayor McConnell and Councilmember Arriola presented the proclamations.

A. INTRODUCTION OF NEW EMPLOYEES
B. PRESENTATION OF A PROCLAMATION RECOGNIZING LIEUTENANT HERMAN ROBINSON FOR 50 YEARS OF SERVICE WITH THE VALLEJO

POLICE DEPARTMENT
C. PRESENTATION OF A PROCLAMATION DESIGNATING NOVEMBER 1, 2023

AS EXTRA MILE DAY IN VALLEJO

6. FIRST COMMUNITY FORUM
Speakers: TJ Walkup, Askari Swonde, Mario Saucedo, Tom Ari Dounce, and Jeriann Guzman.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Mark Howard and Nestor Aliga (Consent L).

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar.

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of Regular City Council Meeting Minutes
October 24, 2023
Page | 2
October 10, 2023 and the special meeting of October 13, 2023 Contact: Dawn G. Abrahamson, City Clerk, MMC (707) 648-4527 [email protected]
Action: approved minutes
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

C. PAYMENT OF CLAIMS: AUGUST 2023
Recommendation: Ratify the payment of claims for the period of August 1, 2023 through August 31, 2023.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for period of August 1-31, 2023.

D. ADOPT A RESOLUTION TO AMEND THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $7,953,718 TO BE PLACED INTO THE

ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT ESCROW

FUND AND TO PERMIT DISPURSEMENT OF THE FUNDS FOR THE MARE

ISLAND ENVIRONMENTAL REMEDIATION PROJECT
Recommendation: Adopt a Resolution to amend the Mare Island Conversion Fund #106 Fiscal Year 2023-2024 Budget to appropriate Navy grant funds in the amount of $7,953,718 to be placed into the Environmental Services Cooperative Agreement Escrow Fund and to permit disbursement of the funds for the Mare Island Environmental Remediation Project.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: adopted Resolution No. 23-172 N.C.

E. ACCEPT THE SACRAMENTO STREET ROAD DIET AND REHABILITATION PROJECT, FEDERAL AID PROJECT NO. STPL-5030(067) AND CITY PROJECT NO. PW9729, PERFORMED BY BAY CITIES PAVING AND
GRADING, INC., AS COMPLETE AND AUTHORIZE THE CITY CLERK TO

FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY

RECORDER'S OFFICE
Recommendation: Accept the Sacramento Street Road Diet and Rehabilitation Project, Federal Aid Project No. STPL-5030(067) and City Project No. PW9729, performed by Bay Cities Paving and Grading Inc. of Concord, California, as complete, and authorize the City Clerk to file a Notice of Completion with the Regular City Council Meeting Minutes
October 24, 2023
Page | 3
Solano County Recorder’s office.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Action: accepted the Sacramento Street Road Diet and Rehabilitation Project, Federal Aid Project No. STPL-5030(067) and City Project No. PW9729, performed by Bay Cities Paving and Grading Inc. of Concord, California, as complete, and authorized the City Clerk to file a Notice of Completion with the Solano County Recorder’s office.

F. ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REXEL USA, INC. FOR

ELECTRONIC TECHNICAL SUPPORT FOR A NOT TO EXCEED AMOUNT OF $500,000 AND AUTHORIZING THE CITY MANAGER TO SIGN THE SAME
Recommendation:

Adopt a resolution approving the First Amendment to the Professional Services Agreement with Rexel USA, Inc. for electronic technical support and services for a not to exceed amount of $500,000 and authorizing the City Manager to execute the amendment.

Contact:

Beth Schoenberger, Water Director, (707) 648-5439
[email protected]
Action: adopted Resolution No. 23-173 N.C.

G. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC. IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-

CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST INTEREST OF THE

CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT
Recommendation: Adopt a Resolution awarding a construction contract to EVCharge4U, Inc. in the amount of $169,584.50 for the Vallejo-City Fleet Electric Vehicle Chargers at City Facilities Project (PW9438) after finding it in the best interest of the City and authorizing the City Manager to execute the contract.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Action: adopted Resolution No. 23-174 N.C.

H. ADOPT A RESOLUTION APPROVING A DESIGN PROFESSIONAL
SERVICES AGREEMENT WITH GARAVAGLIA ARCHITECTURE, INC. FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $222,745.00

PLUS CONTINGENCY FOR THE NAVAL CHAPEL / QUARTERS A

IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a resolution approving a Design Professional Services Agreement with Garavaglia Architecture, Inc. for architectural design services in the amount of $222,745.00 plus a 15% contingency for the Naval Chapel / Quarters A Improvement Project (Project No. PW9442) and authorizing the City Regular City Council Meeting Minutes
October 24, 2023
Page | 4
Manager to execute same.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: adopted Resolution No. 23-175 N.C.

I. 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.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: adopted Resolution No. 23-176 N.C.

J. 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.

Contact: Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]
Action: accepted 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 authorized the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

K. 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.

Contact: Naveed Ashraf, Chief Innovation Officer/IT Director [email protected]
Action: authorized the Vallejo City Council to issue a proclamation in recognition of Cyber Security Month.

L. AUTHORIZE THE COUNCIL TO APPROVE A PROCLAMATION
COMMEMORATING VETERAN’S DAY
Regular City Council Meeting Minutes
October 24, 2023
Page | 5
Recommendation: Authorize the Vallejo City Council to approve a proclamation commemorating Veteran’s Day November 11, 2023..

Contact: Erik Rzomp, Executive Assistant to the Mayor (707) 648-4377 [email protected]
Action: authorized the Vallejo City Council to approve a proclamation commemorating Veteran’s Day November 11, 2023.

M. 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.

Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Action: adopted Resolution No. 23-177 N.C.

9. ACTION CALENDAR
A. 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.

Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Assistant City Manager Davis provided background information, outlined temporary dispatch evaluation criteria, reviewed the site evaluation results and funding requirements, discussed the communication equipment needed for each site and the funding associated with it.

Staff responded to questions from Councilmembers.

Speakers: Anne Carr.

Another question and answer period followed. Councilmember provided comment and direction to staff on the final relocation site for a temporary Emergency Dispatch Center – 111 Amador Street.

B. UPDATE ON ACTIONS TAKEN AND CONFIRMATION OF THE CONTINUED Regular City Council Meeting Minutes
October 24, 2023
Page | 6

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.

Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
Deputy Police Chief Gomez provided an update on Phase 1 (Service Model Reduction), Phase 2 (Rotation of Officers to Patrol Shifts), Phase 3 (Collapsing Traffic & Detective Divisions), Phase 4 (Modifying Patrol Shifts to 12-hours or another Staffing Model), and outside assistance, provided updated current staffing numbers, and the status of police facilities (Dispatch Center and Police Headquarters).

Human Resources Director Sifuentes provided an update on recruitment and retention efforts.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Speakers: Anne Carr.

Action: Moved by Mayor McConnell and carried to continue the existence of the conditions leading to the declaration of a state of local emergency (Noes – Bregenzer).

C. 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.

Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
Water Director Schoenberger provided introductory comments.

Acting Water Senior Civil Engineer Barksdale defined the purpose of SCADA-a computer-based system, identified system users, when and where the system is used, discussed the needs to upgrade the system, identified the project phases, reviewed background information on how the EMA was selected, EMA Proposed Phase II Work, and concluded the presentation outlining the amended contract terms for Phase II.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Regular City Council Meeting Minutes
October 24, 2023
Page | 7
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 23-178 N.C.

10. INFORMATION CALENDAR
A. UPDATE ON DRAFT HOUSING ELEMENT
Recommendation: This item is for informational purposes only. There is no staff report or action associated with this item.

Contact: Christina Ratcliffe, AICP, Planning & Development Services Director (707) 648-4382
[email protected]
Planning & Development Services Director Ratcliffe provided introductory comments.

Jennifer Gastelum (Principal, Placeworks) provided a general housing overview, discussed Housing Element outreach efforts, reviewed Regional Housing Needs Allocation (RHNA), discussed Housing Element Programs, and concluded the presentation outlining the project schedule.

Staff and the Consultant responded to questions from Councilmembers.

Speakers: Sherry Andrews, Liat Meitzenheimer, Izzy Drumgoole, Chris Schlidt (Urban Habitat), Paul Theiss (Solano Sierra Club), Anne Carr, Shannon McCaffrey, Karen Chen, Amelia Hubble, Bob Allen (Urban Habitat), and Krista G. (Vallejo Housing Justice Coalition)
Councilmembers provided comment.

11. CITY MANAGER’S REPORT
City Manager Malone provided an update on the October 23 Districts 3 & 6 Community Meeting and announced November 13 would be the next Community Meeting for Districts 4 & 5.

12. CITY ATTORNEY’S REPORT
City Attorney Neb summarized her quarterly report.

A. QUARTERLY REPORT FOR FISCAL YEAR 2023/2024, FIRST QUARTER (JULY – SEP 2023)
Recommendation: Receive report. No action required.

Contact: Veronica A.F. Nebb, City Attorney
[email protected]

13. COMMUNITY FORUM
Speakers: Sherianne Grimm, Daniel Boone, Craig Standafer, Helen Marie Gordon, and Camel Black.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Regular City Council Meeting Minutes
October 24, 2023
Page | 8
Councilmembers reported on various community events and meetings attended.

15. ADJOURNMENT
The meeting adjourned at 11:45 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK

Consent Calendar

8.C.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND

WATERWAYS AND PROVIDING NOTICE OF THE INTENT TO AMEND THE MARINA FUND BUDGET (STEP 1)

RECOMMENDATION

1. Adopt a resolution authorizing the City Manager to execute a grant agreement with the California Department of Boating and Waterways.

2. Provide notice of intent to amend the FY 2023-24 Marina Fund budget to recognize the grant revenue and authorize expenditures for the PWM08 Marina Abandoned Boat Project.

REASONS FOR RECOMMENDATION
The Vallejo Municipal Marina applied for the 2023 Surrendered and Abandoned Vessel Exchange (SAVE) grant and has been awarded $150,000 to remove abandoned, submerged, sinking, and/or surrendered recreational vessels. Per requirement of the grant, the California State Parks Division of Boating and Waterways must be in receipt of a City Council approved Resolution authorizing execution of the agreement.

Per City Charter Section 703, amending the budget requires a public notice of intent prior to any action taken. A staff report recommending amendment of the budget will be presented to City Council at the next regularly scheduled City Council meeting on November 28, 2023.

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

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

City staff initiate a possessory lien process, as authorized under the Harbors and Navigation Code, which allows the City to dispose of the abandoned vessels. Staff are often contacted by vessel owners wishing to

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS AND PROVIDING NOTICE OF THE INTENT TO AMEND THE MARINA FUND BUDGET (STEP 1)

Page 2 ends

relinquish ownership and hand over their vessels. The Vallejo Municipal Marina attempts to sell abandoned and turned-in vessels through the auction process. Vessels not sold at auction are disposed.

The Vallejo Municipal Marina has applied for and been awarded funding through the AWAF, VTIP, and SAVE grant programs in previous years. Typically, all funding awarded is expended by the end of the grant term. An application for the SAVE 23 grant was submitted by staff in April 2023.

Notification was received from the California State Parks Division of Boating and Waterways on September 20, 2023, that grant funding up to $150,000 has been awarded to the Vallejo Municipal Marina. The agreement is effective from the date it is fully executed through September 30, 2025. Grant funding can be used to reimburse the cost of disposing vessels that are registered as being recreational only. The grant will not reimburse the cost for disposal of commercial vessels.

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

This also serves as the Notice of Intent to amend the FY 2023-24 Marina Fund Budget. A detailed staff report and draft resolution will be presented to the City Council for consideration and approval of the budget amendment at the next regular meeting.

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

The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2023-24 Marina Fund Budget will include the anticipated increase of $150,000 in both revenue and expenditure budgets of the 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. Resolution - Execute SAVE23 Grant Agreement 11.14.23_CAO Stamp

2. Contract C23SO627- SAVE 23 exp 9.30.25

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

RESOLUTION NO. 23- _____ N.C.

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

CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA STATE

PARKS DIVISION OF BOATING AND WATERWAYS AND PROVIDING NOTICE OF

INTENT TO AMEND THE MARINA FUND BUDGET
WHEREAS, the California State Parks Division of Boating and Waterways created the Surrendered and Abandoned Vessel Exchange (SAVE) grant to assist public agencies with the removal and disposal of boats, ships, vessels, and other watercraft in an unseaworthy or dilapidated condition which are abandoned upon publicly owned submerged lands, salt marsh, or tidelands; and
WHEREAS, the Vallejo Municipal Marina applied for the SAVE 23 grant and was awarded up to $150,000; and
WHEREAS, the SAVE grant requires a ten percent matching cash or verified in-kind contribution, which will be made with the existing Marina Fund budget and can be accomplished with in-lieu contributions of staff time associated with securing, moving, and removing vessels; and WHEREAS, the California State Parks Division of Boating and Waterways requires the City Council, by resolution, to authorize the execution of the grant agreement.

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

BE IT FURTHER RESOLVED that a Notice of Intention to amend the Marina Fund budget was provided to the City Council on November 14, 2023, and a staff report with recommendation to amend the budget will be presented to City Council at the next regularly scheduled City Council meeting on November 28, 2023.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: ______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Consent Calendar

8.D.

KENNEDY AND ASSOCIATES, INC. AND SONOMA RSA, INC. (DOING BUSINESS AS RSA+) TO PROVIDE ON CALL STORMWATER MANAGEMENT SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH CONTRACT

RECOMMENDATION
Adopt a Resolution approving separate consultant and professional services agreements with two consulting firms, F.J. Kennedy and Associates, Inc. and Sonoma RSA, Inc. (doing business as RSA +), to provide stormwater management services and authorizing the City Manager to execute same in an amount not to exceed $500,000 for each contract.

REASONS FOR RECOMMENDATION
The ability to bring in consultants on an on-call, as-needed basis allows the City to provide better customer service to the public and to better manage the workload to deliver projects within allotted timeframes.

BACKGROUND AND DISCUSSION
The City anticipates using contract services of consultant firms to perform work on various stormwater related projects and efforts in the City of Vallejo. This type of work is usually variable in scope and may be short-term assignments or may be part of larger capital or planning projects.

In order to meet the current and anticipated needs for project management services on various projects, City staff issued a Request for Qualifications (RFQ) for 11 different categories, including Stormwater Management.

Other categories will be awarded under separate action. Qualified consultants for the Stormwater Management category submitted a Statement of Qualifications (SOQ) demonstrating their ability to perform a wide range of services including but not limited to:
• Provide general support for compliance with the Municipal Regional Permit (MRP) • Perform general support and comments on proposed new MRP 3.0 Permit • Attend project review meetings
• Review project Stormwater Control Plans (SWCPs) and Operation and Maintenance Plans (O&M Plans)
• Provide preparation of Operation and Maintenance Agreements for regulated projects • Support review of projects stormwater compliance
• Provide assistance in preparation of annual report
• Provide staff training in MRP compliance
• Provide services related to encroachment permits including surveying • Assist in the maintenance of SWCP guidance documents and City permit applications

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING SEPARATE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS WITH TWO CONSULTING FIRMS: F.J. KENNEDY AND ASSOCIATES, INC. AND SONOMA RSA, INC. (DOING BUSINESS AS RSA+) TO PROVIDE ON

CALL STORMWATER MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH CONTRACT

Page 2 ends

The RFQ for On Call Engineering Consulting Services was released on February 27, 2023. Seven SOQs were submitted by the due date of April 21, 2023, for the Stormwater Management category. Staff reviewed the SOQs and ranked each firm by scoring them based on the following criteria as listed in the RFQ:
• Firm’s relevant experience and familiarity with issues applicable to the City’s needs (50%) • Qualifications of the firm and assigned individuals (25%) • Fee Structure and cost effectiveness of the consultants (15%) • Reference Checks (10%)

Two firms, F.J. Kennedy and Associates, Inc. and RSA+, were deemed to possess all the requested areas of expertise listed above, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis.

With increasing costs and urgent needs, staff recommends authorizing the City Manager to execute agreements with the two firms listed above for on-call stormwater management services in the amount not to exceed $500,000 for each contract.

Each of the firms listed above has been notified that it is being recommended for a contract in the amount not to exceed $500,000. The contracts will have an expiration date of June 30, 2026, with two one-year options to extend. The specific scope of services, schedule, and cost of work will be defined through statements of work for each assignment executed between the City and Consultant prior to work commencing on an assignment.

This action will authorize the City Manager to execute agreements that will establish a pool of professional consultants under contract with the City through June 30, 2026, with an option to extend the agreements for two one-year periods.

FISCAL IMPACT
This proposed action will not have any direct impact on General Fund. Funds to pay for these as-needed consultant services will come from existing Council approved budgets.

ATTACHMENTS

1. Reso - Award On Call Stormwater Management_CAO Stamp

2. FJ Kennedy -Consultant and Professional Services Agreement- Stormwater Management_CAO Stamp

3. RSA+ -Consultant and Professional Services Agreement- Stormwater Management_CAO Stamp

CONTACT
Date: November 14, 2023
Subject:

CALL STORMWATER MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH CONTRACT

Page 3 ends

Mark Helmbrecht, Acting Public Works Director 707-648-4433 [email protected]

RESOLUTION NO. 23- _____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING SEPARATE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS WITH TWO CONSULTING FIRMS: F.J. KENNEDY AND ASSOCIATES, INC.

AND SONOMA RSA, INC. TO PROVIDE STORMWATER MANAGEMENT SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH CONTRACT
WHEREAS, the ability to bring in consultants on an on-call, as needed basis allows the Public Works Department to provide better customer service to the public and better manage workload to deliver projects in a timely manner; and
WHEREAS, the City anticipates using contract services of consultant firms to perform work on various engineering related projects and efforts in the City of Vallejo; and WHEREAS, on February 27, 2023, the City of Vallejo Public Works Department published the Request for Qualification for On-Call Engineering Consulting Services requesting qualifications that could cover eleven categories in order to create a readily-available, pre-screened group of qualified consultants to be deployed as-needed to a wide range of technical specialties necessary to successfully complete projects in a timely and high quality manner; and WHEREAS, seven statements of qualification (SOQs) were submitted for the Stormwater Management category; and
WHEREAS, the SOQs were each given a score based on the demonstrated understanding of the services requested, the firm’s relevant experience and familiarity with issues applicable to the project, the qualifications of the firm and assigned individuals, the fee structure, and reference checks; and
WHEREAS, two firms, F.J. Kennedy and Associates, Inc. and Sonoma RSA, Inc. were deemed to possess all the requested areas of expertise, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis; and WHEREAS, Public Works staff recommends that each agreement be approved for an amount not to exceed $500,000, with the agreements having an expiration date of June 30, 2026 and two one-year options to extend.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves Consultant and Professional Services Agreements (Agreements) between the City of Vallejo and the following two firms: F.J. Kennedy and Associates, Inc. and Sonoma RSA, Inc., for Stormwater Management Services in an amount not to exceed $500,000 for the full life of each agreement.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute same, with

any modifications recommended by the City Attorney and the City Clerk to attest the signing of those Agreements.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 1 of 11

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of November 2023, by and between the City of Vallejo, a municipal corporation ("City"), and F.J. Kennedy and Associates, Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 2 of 11

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

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

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

8. Independent Contractor. Consultant is an independent contractor.

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

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 3 of 11 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.

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

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

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.

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

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 4 of 11

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

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

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

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

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

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

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

16. Term. The term of this Agreement shall commence on November 15, 2023 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 5 of 11 Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.

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

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

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

The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 6 of 11 appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

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

The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

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

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 7 of 11 Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

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

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

23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melissa Tigbao
Public Works Director
City of Vallejo-Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Frank Kennedy
President
F.J. Kennedy and Associates, Inc.
2586 Comistas Drive
Walnut Creek, CA 94598
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 Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 8 of 11 or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

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

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

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

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 9 of 11 information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

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

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

Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

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

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

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

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or 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 Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.

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

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 10 of 11 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]
Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

F.J. Kennedy and Associates, Inc.
a California corporation
By:________________________
Frank Kennedy
President
DATE: ______________________
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: _________________________
Michael Malone
City Manager
DATE: ______________________
ATTEST:

By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

_____________________________
Melissa Tigbao
Public Works Director

APPROVED AS TO FORM
____________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
____________________________
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 1 of 4 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Consultant’s Representative for this Agreement is:

Frank Kennedy
President
F.J. Kennedy and Associates, Inc.
2586 Comistas Drive
Walnut Creek, CA 94598
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

2. Services to be Provided. Consultant shall provide On-Call Stormwater Management services for specific projects as may be requested by the City Engineer or staff; such services shall be defined, scheduled, and authorized in subsequent Statement of Works. The services provided throughout the term of this Agreement may include the services specified in the Request for Qualifications issued February 27, 2023.

The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

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

Key personnel are as follows: Frank Kennedy, Libbey Bell, AJ Kennedy Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 3 of 4 Exhibit A – Scope of Work
Attachment 1 of Exhibit A

CITY OF VALLEJO

STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Consultant and Professional Services Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Consultant”).

Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

SECTION 1. SCOPE OF WORK.

The scope of work authorized by this Statement of Work is as described below. [Insert Project description or attach a copy of the proposal and incorporate it by reference as Attachment ____ to Statement of Work No. ____].

SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].

SECTION 3. ESTIMATED COST AND COMPENSATION.

All services performed under this Statement of Work shall be performed on a time and materials basis.

City agrees to pay Consultant for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number- e.g., $2,550.13].

This Statement of Work is released as authorization for work to commence. The parties agree to perform their respective obligations under this Statement of Work in accordance with the terms and conditions of the Agreement.

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 4 of 4 Exhibit A – Scope of Work
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

F.J. Kennedy and Associates, Inc. CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 1 of 4 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and Zero Cents [ $500,000.00 ].

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

B. Additional Services:

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

2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.

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

Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference. Current rates for each task/project will be defined in each Statement of Work.

Rate Increases: Upon approval of City, Consultant shall be permitted to increase rates to adjust for cost of living wage increases at the beginning of the fiscal year or as agreed upon by City and Consultant. No price increases may be implemented without prior written approval of City. Requests for price increases Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 2 of 4 Exhibit B - Compensation
must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Consultant must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Consultant shall be notified in writing, no price increase will be effective until Consultant receives this notice.

3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Consultant.

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

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

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

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

D. Invoices, account statements and payment inquiries shall be emailed to :

[email protected]

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 3 of 4 Exhibit B - Compensation
audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.

The obligations of Consultant under this section shall survive this Agreement.

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

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

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 4 of 4 Exhibit B - Compensation
Attachment 1 of Exhibit B

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 1 of 3 Exhibit C -Insurance Requirements

EXHIBIT C

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

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

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

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

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

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

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

A. General Liability: $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 Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 2 of 3 Exhibit C -Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

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

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

A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

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

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

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

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Consultant and Professional Services Agreement – On Call Stormwater Management – FJ KennedyPage 3 of 3 Exhibit C -Insurance Requirements
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 Consultant’s performance under this Agreement.

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

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

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

Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 1 of 11

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of November 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Sonoma RSA Inc d.b.a. RSA+, a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 2 of 11

8. Independent Contractor. Consultant is an independent contractor.

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 3 of 11 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.

Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 4 of 11

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.

16. Term. The term of this Agreement shall commence on November 15, 2023 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 5 of 11 Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.

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 Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 6 of 11 appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 7 of 11 Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

If to City: Melissa Tigbao
Public Works Director
City of Vallejo-Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Hugh Linn
Principal / President
Sonoma RSA Inc d.b.a. RSA+
1515 Fourth Street
Napa, CA 94559
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 Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 8 of 11 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.

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.

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 9 of 11 information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

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

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

Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

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.

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

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

Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 10 of 11 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]
Consultant and Professional Services Agreement – On Call Stormwater Management – RSA+Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

Sonoma RSA Inc d.b.a. RSA+
a California corporation
By:________________________
Hugh Linn
Principal/President
DATE: ______________________
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: _________________________
Michael Malone
City Manager
DATE: ______________________
ATTEST:

By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

_____________________________
Melissa Tigbao
Public Works Director

APPROVED AS TO FORM
____________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
____________________________
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 1 of 4 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Consultant’s Representative for this Agreement is:

Hugh Linn
Principal / President
Sonoma RSA Inc d.b.a. RSA+
1515 Fourth Street
Napa, CA 94559
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

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

Key personnel are as follows: Hugh Linn
Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 3 of 4 Exhibit A – Scope of Work
Attachment 1 of Exhibit A

CITY OF VALLEJO

Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

SECTION 1. SCOPE OF WORK.

SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].

SECTION 3. ESTIMATED COST AND COMPENSATION.

All services performed under this Statement of Work shall be performed on a time and materials basis.

Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 4 of 4 Exhibit A – Scope of Work
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

Sonoma RSA Inc d.b.a. RSA+, CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.

Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 1 of 4 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

B. Additional Services:

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

Rate Increases: Upon approval of City, Consultant shall be permitted to increase rates to adjust for cost of living wage increases at the beginning of the fiscal year or as agreed upon by City and Consultant. No price increases may be implemented without prior written approval of City. Requests for price increases Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 2 of 4 Exhibit B - Compensation
must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Consultant must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Consultant shall be notified in writing, no price increase will be effective until Consultant receives this notice.

4. Payments to Consultant.

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

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

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

D. Invoices, account statements and payment inquiries shall be emailed to :

[email protected]

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 3 of 4 Exhibit B - Compensation
audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.

The obligations of Consultant under this section shall survive this Agreement.

Consultant and Professional Services Agreement – On Call Surveying – RSA+ Page 4 of 4 Exhibit B - Compensation
Attachment 1 of Exhibit B

Consultant and Professional Services Agreement – On Call Surveying – RSA+Page 1 of 3 Exhibit C -Insurance Requirements

EXHIBIT C

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

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

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

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

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

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

Consultant and Professional Services Agreement – On Call Surveying – RSA+Page 2 of 3 Exhibit C -Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

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:

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

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Consultant and Professional Services Agreement – On Call Surveying – RSA+Page 3 of 3 Exhibit C -Insurance Requirements
City.

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.

Consent Calendar

8.E.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
Dan Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING SEPARATE DESIGN PROFESSIONAL SERVICES AGREEMENTS WITH THREE CONSULTING FIRMS: 1) CSW/STUBER-STROEH ENGINEERING GROUP, INC., 2) GATES + ASSOCIATES, AND 3) INTEGRA LANDSCAPE ARCHITECTURE, INC. TO PROVIDE ON-CALL LANDSCAPE ARCHITECT

SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH

RECOMMENDATION
Adopt a Resolution approving separate design professional services agreements with three consulting firms:

CSW/Stuber-Stroeh Engineering Group, Inc., Gates + Associates, and INTEGRA Landscape Architecture, Inc., to provide on-call landscape architect services, and authorizing the City Manager to execute same in an amount not to exceed $500,000 each.

BACKGROUND AND DISCUSSION
The City anticipates using contract services of consultant firms to perform work on various landscape architect related projects and efforts in the City of Vallejo. This type of work is usually variable in scope and may be short-term assignments or may be part of larger capital or planning projects.

Other categories will be awarded under separate action. Qualified consultants for the Landscape Architect category submitted a Statement of Qualifications (SOQ) demonstrating their ability to perform a wide range of services including but not limited to:
• Conceptual landscape design
• Neighborhood outreach program
• Providing 'As-Built’ drawings
• Plan Review
• Other professional services as authorized by the City of Vallejo

The RFQ was released on February 27, 2023. Seven SOQs were submitted by the due date of April 21, 2023, for the Landscape Architect category. Staff reviewed the SOQs and ranked each firm by scoring them based on the following criteria as listed in the RFQ:
• Firm’s relevant experience and familiarity with issues applicable to the City’s needs (50%)

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING SEPARATE DESIGN PROFESSIONAL SERVICES AGREEMENTS WITH THREE CONSULTING FIRMS: 1) CSW/STUBER-STROEH ENGINEERING GROUP, INC., 2) GATES + ASSOCIATES, AND 3) INTEGRA LANDSCAPE ARCHITECTURE, INC.

TO PROVIDE ON-CALL LANDSCAPE ARCHITECT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH

Page 2 ends

• Qualifications of the firm and assigned individuals (25%) • Fee Structure and cost effectiveness of the consultants (15%) • Reference checks (10%)

Three firms, CSW/Stuber-Stroeh Engineering Group, Inc., Gates + Associates, and INTEGRA Landscape Architecture, Inc., were deemed to possess all the requested areas of expertise listed above, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis.

With increasing costs and urgent needs, staff recommends authorizing the City Manager to execute agreements with the three firms listed above for on-call landscape architect services in the amount not to exceed $500,000 for each contract.

FISCAL IMPACT
This proposed action will not have any direct impact on the General Fund. Funds to pay for these as-needed consultant services will come from existing Council approved budgets.

ATTACHMENTS

1. Reso - Approving DPS Agreements for Landscape Architect_CAO Stamp

2. CSW - On-Call Design Professionals Agreement - Landscape Architect_CAO Stamp

3. Gates + Associates - On-Call Design Professionals Agreement - Landscape Architect_CAO Stamp

4. INTEGRA - On-Call Design Professionals Agreement - Landscape Architect_CAO Stamp

CONTACT
Mark Helmbrecht, Acting Public Work Director, 707-648-4433 [email protected]

RESOLUTION NO. 23- _____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING SEPARATE DESIGN PROFESSIONAL SERVICES AGREEMENTS WITH THREE CONSULTING FIRMS: 1) CSW/STUBER-STROEH ENGINEERING GROUP, INC., 2) GATES + ASSOCIATES, AND 3) INTEGRA LANDSCAPE ARCHITECTURE, INC. TO

PROVIDE LANDSCAPE ARCHITECT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $500,000 EACH WHEREAS, the ability to bring in consultants on an on-call, as needed basis allows the Public Works Department to provide better customer service to the public and better manage workload to deliver projects in a timely manner; and
WHEREAS, the City anticipates using contract services of consultant firms to perform work on various engineering related projects and efforts in the City of Vallejo; and WHEREAS, on February 27, 2023, the City of Vallejo Public Works Department published the Request for Qualification for On-Call Engineering Consulting Services requesting qualifications that could cover eleven categories in order to create a readily-available, pre-screened group of qualified consultants to be deployed as-needed to a wide range of technical specialties necessary to successfully complete projects in a timely and high quality manner; and WHEREAS, seven statements of qualification (SOQs) were submitted for the Landscape Architect category; and
WHEREAS, the SOQs were each given a score based on the demonstrated understanding of the services requested, the firm’s relevant experience and familiarity with issues applicable to the project, the qualifications of the firm and assigned individuals, the fee structure, and reference checks; and
WHEREAS, three firms, CSW/Stuber-Stroeh Engineering Group, Inc., Gates + Associates, and INTEGRA Landscape Architecture, Inc. were deemed to possess all the requested areas of expertise, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis; and
WHEREAS, Public Works staff recommends approving separate Design Professional Services Agreement is not to exceed $500,000, with the agreements each having an expiration date of June 30, 2026, with two one-year options to extend.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves Design Professional Services Agreements between the City of Vallejo and the following three firms: CSW/Stuber-Stroeh Engineering Group, Inc., Gates + Associates, and INTEGRA Landscape Architecture, Inc. for Landscape Architect Services in an amount not to exceed $500,000 for the full life of each agreement.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute same, with any modification recommended by the City Attorney and the City Clerk to attest the signing of those Agreements.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 1 of 11

DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of November 2023, by and between the City of Vallejo, a municipal corporation ("City"), and CSW/Stuber-Stroeh Engineering Group, 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 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

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 2 of 11 professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.

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

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

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

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

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

8. Independent Contractor. Design Professional is an independent 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 Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 3 of 11 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. Licences, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.

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

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

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

Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.

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

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

Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 4 of 11 except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional‘s profession currently practicing in California.

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

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

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

13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

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

The 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 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 Services Agreement- On Call Landscape Architect -CSW/ST2Page 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.

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

Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative. This provision applies only to the following portions of the scope of work:

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 15, 2023 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Design Professional. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.

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

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

The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and 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 obligations under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.

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

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 7 of 11 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 subcontractor and City.

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

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

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

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

If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Robert Stevens
President
CSW/Stuber-Stroeh Engineering Group, Inc.
121 Park Place
Richmond, CA 94801
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.

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 9 of 11

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

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

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

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

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

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

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

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

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 Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CSW/Stuber-Stroeh Engineering Group,
Inc.
a California corporation
By:___________________________
Robert Stevens
President
DATE: ____________________
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:

By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
_______________________________
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
_______________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
________________________________
Armond Sarkis
Risk Manager
Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 1 of 4

SCOPE OF WORK

1. Representatives.

The City Representative for this Agreement is:

Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:

Marcia Vallier
Project Manager
CSW/Stuber-Stroeh Engineering Group, Inc.
121 Park Place
Richmond, CA 94801
[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. Design Professional shall provide on- call architectural design services for specific projects as may be requested by the City Engineer or staff; such services shall be defined, scheduled, and authorized in subsequent Statement of Works. The services provided throughout the term of this Agreement may include the services specified in the Request for Qualifications issued February 27, 2023.

The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional 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 Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 2 of 4 material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows: Robert Stevens, Marcia Vallier Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 3 of 4 Attachment 1 of Exhibit A

CITY OF VALLEJO

STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Design Professional Services Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Design Professional”).

Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

SECTION 1. SCOPE OF WORK.

SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].

SECTION 3. ESTIMATED COST AND COMPENSATION.

All services performed under this Statement of Work shall be performed on a time and materials basis.

City agrees to pay Design Professional for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number- e.g., $2,550.13].

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

CSW/ST2 CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 1 of 4

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 Five Hundred Thousand Dollars and zero cents [ $500,000.00].

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. Current rates for each task/project will be defined in each Statement of Work.

Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.

3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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

6. 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. Invoices, account statements and payment inquiries shall be emailed to :

[email protected]

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 Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 3 of 4 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 Services Agreement- On Call Landscape Architect -CSW/ST2Page 4 of 4 Attachment 1 of Exhibit B

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 1 of 3

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:

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: $5,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.

B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

C. Workers’ Compensation and Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.

3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Design Professional shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

A. The City of Vallejo, 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.

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.

Design Professional Services Agreement- On Call Landscape Architect -CSW/ST2Page 3 of 3 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.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 1 of 11

DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of November 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Gates + Associates, 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.”

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.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 2 of 11 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.

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 Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 3 of 11 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.

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.

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

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

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.

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 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 Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.

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 15, 2023 and shall continue in full force and effect until June 30, 2026.

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

The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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

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

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

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

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 7 of 11 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 subcontractor and City.

If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Casey Case
President
Gates + Associates
1655 N Main Street, Suite 365
Walnut Creek, CA 94596
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.

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.

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.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 9 of 11

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.

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

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

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

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 Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.

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]
Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

Gates + Associates,
a California corporation
By:___________________________
Casey Case
President
DATE: ____________________
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:

SCOPE OF WORK

1. Representatives.

The City Representative for this Agreement is:

Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:

Rusty Case
Project Manager
Gates + Associates
1655 N Main Street, Suite 365
Walnut Creek, CA 94596
[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.

The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional 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 Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 2 of 4 shall be grounds for termination.

Key personnel are as follows: Casey Case, Rusty Case
Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 3 of 4 Attachment 1 of Exhibit A

CITY OF VALLEJO

STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Design Professional Services Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Design Professional”).

Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

SECTION 1. SCOPE OF WORK.

SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].

SECTION 3. ESTIMATED COST AND COMPENSATION.

All services performed under this Statement of Work shall be performed on a time and materials basis.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

Gates + Associates CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 1 of 4

EXHIBIT B

COMPENSATION

1. Design Professional’s Compensation.

B. Additional Services:

Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.

4. Payments to Design Professional.

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

D. Invoices, account statements and payment inquiries shall be emailed to :

[email protected]

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 Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 3 of 4 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.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 4 of 4 Attachment 1 of Exhibit B

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 1 of 3

EXHIBIT C

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

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:

B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.

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.

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.

Design Professional Services Agreement- On Call Landscape Architect -Gates + Assoc.Page 3 of 3 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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 1 of 11

DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of November 2023, by and between the City of Vallejo, a municipal corporation ("City"), and INTEGRA Landscape 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.”

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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 2 of 11 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.

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 Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 3 of 11 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.

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.

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

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

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.

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 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 Services Agreement- On Call Landscape Architect -INTEGRAPage 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.

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 15, 2023 and shall continue in full force and effect until June 30, 2026.

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

The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and 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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 7 of 11 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 subcontractor and City.

If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Michael Cook
Owner/ Principal
INTEGRA Landscape Architecture, Inc.
1506 4th Street
Santa Rosa, CA 95404
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.

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.

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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 9 of 11

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.

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

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

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

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 Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.

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]
Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

INTEGRA Landscape Architecture, Inc.
a California corporation
By:___________________________
Michael Cook
Principal
DATE: ____________________
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:

SCOPE OF WORK

1. Representatives.

The City Representative for this Agreement is:

Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:

Michael Cook
Owner/ Principal
INTEGRA Landscape Architecture, Inc.
1506 4th Street
Santa Rosa, CA 95404
[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.

The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional 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 Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 2 of 4 shall be grounds for termination.

Key personnel are as follows: Michael Cook
Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 3 of 4 Attachment 1 of Exhibit A

CITY OF VALLEJO

STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Design Professional Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Design Professional”).

Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.

SECTION 1. SCOPE OF WORK.

SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].

SECTION 3. ESTIMATED COST AND COMPENSATION.

All services performed under this Statement of Work shall be performed on a time and materials basis.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 4 of 4 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

INTEGRA Landscape Architecture,
Inc. CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 1 of 4

EXHIBIT B

COMPENSATION

1. Design Professional’s Compensation.

B. Additional Services:

Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.

4. Payments to Design Professional.

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

D. Invoices, account statements and payment inquiries shall be emailed to :

[email protected]

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 Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 3 of 4 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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 4 of 4 Attachment 1 of Exhibit B

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 1 of 3

EXHIBIT C

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

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: $2,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.

B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.

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.

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.

Design Professional Services Agreement- On Call Landscape Architect -INTEGRAPage 3 of 3 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.

CONSENT CALENDAR 8.F.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Rekha Nayar, Finance Director
SUBJECT: CITY TREASURER’S INVESTMENT REPORT

RECOMMENDATION
Accept the City Treasurer’s Investment Report for the quarter ended September 30, 2023.

REASONS FOR RECOMMENDATION
The City’s Investment Policy requires the City Treasurer to submit quarterly investment reports to the City Council.

BACKGROUND AND DISCUSSION
At the end of each calendar quarter, the City Treasurer is required by the City’s adopted Investment Policy to report on the status of investments to the City Council. The City Treasurer’s Investment Report as of September 30, 2023 is submitted. It is the policy of the City of Vallejo to use the State of California Government Code Sections 53601, 53635, and 53651 provisions for local government investments as guidelines in the developing and implementing of the City's allowable investment policies and practices.

The report includes all securities managed by the City and its Investment Managers (excluding bond proceeds) and provides information on the values (par, fair, and cost), term, and yield of each security. Please note that because the safe-keeping custodian and the Investment Manager may use different pricing sources to determine the market value of the securities, there can be minor differences in market values shown on the custodian's monthly statement as compared to the Investment Manager's monthly statement.

Fair Value of individual securities has been provided by Chandler Asset Management. The City utilizes Principal Financial as its third-party safekeeping custodian for safekeeping of all investments with the exception of the Local Agency Investment Fund (LAIF). LAIF being a money market fund administered by the State Treasurer has many governmental agency participants, and holds securities through its own administrator.

Date: November 14, 2023
Subject: CITY TREASURER’S INVESTMENT REPORT

Page 2 ends

Condensed investment information as of September 30, 2023, is as follows:

Description Par Value of
Portfolio
Fair Value of
Portfolio
Cost Basis of
Portfolio
Percentage
of Portfolio
City of Vallejo:

Local Agency Investment Fund1 $46,578,049.7 $46,578,049.7 $46,578,049.7 19.74% U.S. Federal Agency Bonds $22,765,000.00 $21,529,365.75 $22,958,188.85 9.12% U.S. Treasury Securities $108,530,000.00 $104,934,835.91 $106,998,621.79 44.46% Corporate Medium-Term Notes $29,660,000.00 $28,081,535.27 $29,422,228.55 11.90% Asset Backed Securities $9,333,437.26 $9,143,524.94 $9,332,007.05 3.87% Collateralized Mortgage Obligations $2,631,872.11 $2,513,281.68 $2,658,508.37 1.06% Money Market Mutual Funds $22,718,573.51 $22,718,573.51 $22,718,573.51 9.63% Supranational Obligations $520,000.00 $513,858.28 $519,422.8 0.22% Total Investments: $242,736,932.58 $236,013,025.04 $241,185,600.62 100.00% Condensed earnings and return information as of September 30, 2023 , is as follows:

Current Quarter Fiscal Year-to-Date
Portfolio Investment Earnings:

City of Vallejo2 $1,584,788 $1,584,788
Net Change in Portfolio Fair Value Balance3:

City of Vallejo -$18,266,442 -$18,266,442
Approximate Portfolio Rate-of-Return:

City of Vallejo - Yield to Maturity4 3.32%

BENCHMARK COMPARISON RATE-OF-RETURN5:

Local Agency Investment Fund 3.15% 2-Year U.S. Treasury Note Yield 5.05% 1 In accordance with Government Code Section 53646, the Fair Value of the Local Agency Investment Fund (LAIF) represents the value from the September 30, 2023, LAIF statement and has not been adjusted by the “Amortized Cost Factor” which is used in adjusting the statement balance to the actual “Fair Value” balance. 2 The City records interest income on a cash basis, whereas the attached statement uses the accrual basis. Since the accrual basis includes interest income earned but not received, there is a timing difference in recording the interest income between the City’s books and the attached statement. This difference will be trued up at fiscal year-end. 3 The “Net Change in Portfolio Fair Value Balance” is primarily a measure of the difference in the inflows and outflows of funds held in the LAIF account during the period. The change is primarily due to the timing of the receipt of property tax revenues, which are received in December and April of each year, and the timing of the City making withdrawals in the ordinary course of business to pay expenses. 4 Yield to Maturity is the interest income the portfolio will earn for the next twelve months expressed as a percentage. Yield to maturity assumes no changes during that twelve month period.
5 These are the performance benchmarks stated in the City’s Investment Policy. LAIF rate of return is as of June 30, 2023.

Date: November 14, 2023
Subject: CITY TREASURER’S INVESTMENT REPORT

Page 3 ends

COMPLIANCE
All investment transactions were executed in accordance with the California Government Code and the City’s and Investment Policies. In accordance with California Government Code section 53646(b)(3), staff believes that the investments and budgeted revenues for the City will provide sufficient cash flow to meet the anticipated cash flow requirements of each entity for the next six months.

Pooled cash and investments book balances are adjusted annually to reflect fair value as required by Generally Accepted Accounting Principles. The term fair value was formerly known as market value and became effective with the mandatory implementation of GASB 31 in fiscal year 1998. The attached investment schedules meet these requirements.

It should be noted that this is an investment portfolio report and does not include bank checking account deposits for the City. The Housing Authority is not required to file a quarterly report because it does not have any reportable investments since it closed it's investment account and transferred all funds to it's bank account which is covered by a general depository agreement, as required by HUD.

FISCAL IMPACT
There is no fiscal impact from this report. The City's portfolio had total investment earnings of $1,584,788 during the three-month period ending September 30, 2023. In addition, the portfolio also had a cumulative fair value versus cost value unrealized, non-cash gain of approximately $183,423 as of September 30, 2023. Fair value fluctuates from one period to another depending on the changes in interest rates and the supply and demand for bonds at a particular time. Therefore, there is often a difference between the cost value (the value at the time of purchase) and the fair value (the market value of the same security at a certain later period) creating an unrealized gain or loss.

ATTACHMENTS

1. City of Vallejo Economic and Account Analysis 09-30-2023

2. Chandler Monthly Statement - Account 262 - 09-30-2023

CONTACT
Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com

INVESTMENT REPORT
Period Ending September 30, 2023
City of Vallejo
SECTION 1 Economic Update
SECTION 2 Account Profile
Table of Contents As of September 30, 2023
1 SECTION |
Section 1 |
Economic Update
2 Economic Update
▪
▪
▪
Recent economic data continues to suggest positive but below trend growth this year. Labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Inflationary trends are subsiding, but core levels remain well above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will remain data dependent as they tread cautiously going forward.

As anticipated at the September meeting, the Federal Open Market Committee voted unanimously to maintain the target Federal Funds at the range of 5.25 - 5.50%. The Fed’s Summaryof Economic Projections (SEP) also revealed expectations of higher economic growth, reduced unemployment, and a gradual easing of inflation compared to earlier forecasts. The Fed is continuing to focus on achieving price stability and bringing inflation down toward their2% policy objective, while leaving the option open for the possibility of additional rate hikes in the future if needed.

The yield curve remained inverted in September. The 2-year Treasury yield increased 18 basis points to 5.05%, the 5-year Treasury yield rose 36 basis points to 4.61%, and the 10-year Treasury yield increased 46 basis points to 4.57%. The inversion between the 2-year Treasury yield and 10-year Treasury yield narrowed to -48 basis points at September month-end versus -76 basis points at August month- end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was -45 basis points. The inversion between 3-month and 10-year Treasuries narrowed to -88 basis points in September from -134 basis points in August. The shape of the yield curve indicates that the probability of recession persists.
3 Employment
-400
-200
0 200
400
600
800
1,000MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3 month average (000's)

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added 336,000 jobsin September, exceeding consensus expectations of 170,000, and the last two months were revised upward by 119,000 jobs. The largest gains came from leisure and hospitality, bringing restaurant and bar employment back in-line with pre-pandemic levels. The pace of job growth has picked up recently, with the three-month moving average payrollsat 266,000 and the six- month moving average at 234,000. The unemployment rate was unchanged at 3.8%, and the labor participation rate was consistent with last month’s report at 62.8%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons declined slightly to 7.0% from the prior month at 7.1%. Average hourly earnings declined to

4.2% year-over-year in September from 4.3% in August. Employment remains strong by historical standards.

Source: US Department of Labor Source: US Department of Labor 4 Job Openings & Labor Turnover Survey
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) unexpectedly increased to 9.61 million in August from a revised

8.92 million in July. The level significantly surpassed the survey of Bloomberg economists’ expectations of 8.82 million and reflects approximately 1.5 job openings per available worker. Although JOLTS was an upside surprise, the quits rate remained at a benign 2.3% for August, well below its 3.0% peak in April 2022. Fewer quits can imply that workers are less confident in their ability to find another job in the current market. The current level of job openings remains elevated from a historical perspective.

Source: US Department of Labor
5 Inflation

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YOY (%) Change
The Consumer Price Index (CPI) increased in August by 0.6% month-over-month and 3.7% year-over-year, accelerating from 3.2% year-over- year in July due to surging energy prices. The Core CPI, which excludes volatile food and energy components, was up 0.3% month-over- month and 4.3% year-over-year, decelerating from 4.7% last month. Shelter remained the largest contributor to the Core CPI increase. The Personal Consumption Expenditures (PCE) index rose 0.4% month-over-month and 3.5% year-over-year in August, up from a 3.4% year- over-year gain in July. Core PCE, the Federal Reserve’s preferred inflation gauge, increased just 0.1% month-over-month and 3.9% year- over-year in August, down from a 4.3% increase in July. Personal income and spending remained relatively healthy, but the personal savings rate continued its declining trend to 3.9% in August from 4.1% in July. Inflation remains above the Fed's 2% target.

Source: US Department of Labor Source: US Department of Commerce 6 Consumer
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
Retail Sales rose 0.6% in August, exceeding the consensus forecast. Sales of motor vehicles and higher gasoline prices drove greater than expected gains. However, Control Group Sales, which are used to calculate gross domestic product and exclude food services, auto dealers, building materials stores and gasoline stations, rose just 0.1%, the smallest advance in five months. On a year-over-year basis, retail sales growth decelerated to a 2.5% gain in August versus a downwardly revised 2.6% gain in July. The Conference Board’s Consumer Confidence Index dropped more than expected to 103.0 in September froman upwardly revised 108.7 in August, primarily due to significantly weaker future expectations for employment. While the consumer has been resilient, dwindling excess savings, rising credit card balances, and the resumption of student loan payments pose potential headwinds to future economic growth. 80 90
100
110
120
130
140
Index Level
Consumer Confidence
Source: US Department of Commerce Source: The Conference Board 7 Leading Indicators of Economic Activity
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%

20.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) remained in negative territory for the seventeenth consecutive month at -0.4% in August due to weak new orders, deteriorating consumer expectations of business conditions, high interest rates, and tight credit conditions. The index declined 7.6% year-over-year. The consistent decline month-over-month continues to signal future contraction in the economy. The Chicago Fed National Activity Index (CFNAI) surprised to the downside at -0.16 in August from downwardly revised 0.07in July. On a 3-month moving average basis, the CFNAI remained negative at -0.14 in August, indicating a rate of growth below the historical average trend.

Source: The Conference Board Source: Federal Reserve Bank of Chicago 8 Housing
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Starts of new homes slowed -11.3% to 1.283 million units at a seasonally adjusted annual rate in August after a downward revision to

1.447 million units in July. The slower starts came from both a 4.3% decline in single-family home starts and 26.3% decline in multi-family homes, continuing the reversal of strong multi-family homebuilding in the second half of 2022 and early 2023. Total starts of new homes are down 14.8% year-over-year. Accordingto Freddie Mac, average 30-year fixed rate mortgage rates increased to 7.35% as of September 28th. Rising mortgage rates are prompting homebuilders to offer incentives to attract buyers and has caused homebuilder sentiment to reach a five-month low. Accordingto the Case-Shiller 20-City Home Price Index, housing prices rose 0.1% year-over-year in July, improving from a 1.2% decline in June. Tight inventories and higher mortgage rates continue to impact affordability.

Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change
9 Survey Based Measures
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
The Institute for Supply Management (ISM) Manufacturing index remained in contraction territoryat 49.0 in September, up from 47.6 in August. This is the eleventh consecutive month of readings below 50.0, which is indicative of contraction in the manufacturing sector.

However, this is the highest reading since November 2022, as both employment and new orders improved, while prices paid subsided.

The ISM Services Index eased to 53.6 in September from the six-month high of 54.5 in August. The prices paid component continued to grow primarily due to high labor costs and an uptick in energy costs, but new orders reflected a significant slowdown.

Source: Institute for Supply Management
10 Gross Domestic Product (GDP)
Components of GDP 9/22 12/22 3/23 6/23

1.1% 0.8% 2.5% 0.6%
-1.5% 0.6% -1.7% 0.9%

2.6% 0.3% 0.6% 0.0%

0.1% 0.6% 0.3% 0.1%

0.4% 0.3% 0.5% 0.5%

2.7% 2.6% 2.3% 2.1%
State and Local (Consumption and Gross
Investment)
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
-40.0%
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce According to the third estimate, second quarter annualized GDP growth remained unchanged at 2.1%. A material decline in consumer spending was offset by improvement in business investment. Historically low unemployment, wage growth and savings built up during the pandemic has supported consumer spending at a level to keep economic growth intact, but there are signs the consumer is beginning to show signs of stress. The consensus estimate calls for 3.0% growth for the third quarter and 2.1% for the full year 2023. 11 Federal Reserve
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
At the September meeting, the Federal Open Market Committee voted unanimouslyto leave the Federal Funds rate unchanged at a target range of 5.25 - 5.50%. Nonetheless, the Fed conveyed a consensus view that another rate hike is possible later in the year, along with its commitmentto keeping rates at their current level until inflation subsides closer to its 2% target, endorsing a data-dependent 'higher-for- longer' strategy. The Fed’s Summary of Economic Projections (SEP) also revealed expectations of higher economic growth, reduced unemployment, and a gradual easing of inflation compared to earlier forecasts. We believe the resiliency of future economic data will determine if the Federal Reserve can stay on hold for or will tighten policy further to curb inflation. Since the Federal Reserve began its Quantitative Tightening campaign in June 2022, securities holdings have declined by over $1 trillion to $8.024T.

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 Bond Yields
Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Yield Curve
Sep-23
Jun-23
Sep-22
Yield (%)
At the end of September, the 2-year Treasury yield was 77 basis points higher, and the 10-Year Treasury yield was about 74 basis points higher, year-over-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield narrowed to -48 basis points at September month-end versus -76 basis points at August month-end. The average historical spread (since 2003) is about +130 basis points. The inversion between 3-month and 10-year Treasuries narrowed to -88 basis points in September from -134 basis points in August. The shape of the yield curve indicates that the probability of recession persists. 13 Section 2|SECTION |
Section 2 |
Account Profile
14 Objectives
Chandler Asset Management Performance Objective
The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index.

Investment Objectives
The investment objectives for the City of Vallejo, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs, and a market rate of return consistent with the investment program.

Strategy
In order to achieve this objective, the portfolio invests in high-quality fixed income securities that comply with the investment policy and all regulations governing the funds.

As of September 30, 2023
15 Compliance As of September 30, 2023
Category Standard Comment
U.S. Treasuries No limit; 5 years max maturity Complies Federal Agencies
50% max; 30% max per Agency/GSE issuer; 20% max agency callable securities; 5 years max maturity; Allowable securities include: 1) Issues which are backed by the full faith and credit of the U.S., and 2) Issues which are implicitly backed by the full faith and credit of the U.S. and/or are in conservatorship.

Complies
Supranational Obligations AA rating category or higher by a NRSRO; 30% max; 10% max per issuer; 5 years max maturity; USD denominated senior unsecured unsubordinated obligations; Issued or unconditionally guaranteed by IBRD, IFC, or IADB Complies Municipal Securities (CA, Other States) "A" rating category or better by a NRSRO; 10% max; 5% max per issuer; 5 years max maturity Complies Corporate Medium Term Notes "A" rating category or higher by a NRSRO; 30% max; 5% max per issuer; 5 years max maturity; Issued by corporations organized and operating in the U.S. or by depository institutions licensed by the U.S. Complies Asset-Backed, Mortgage-Backed
Securities, and Collateralized Mortgage
Obligations
"AA" rating category or better by a NRSRO; 20% max (combined with ABS/MBS/CMO); 5% max per Asset-Backed or Commercial Mortgage security issuer; From Issuers not defined in sections A-D (Treasuries, Agencies) of the authorized investments; 5 years max maturity
Complies
Negotiable Certificates of Deposit (NCD)
The amount of NCD insured up to the FDIC limit does not require any credit ratings; Any amount above FDIC insured limit must be issued by institutions with "A-1" short-term debt rating or better by a NRSRO; or "A" long-term rating category or better by a NRSRO; 30% max; 5% max per issuer; 5 years max maturity Complies
Certificates of Deposit (CDs)
20% max; CDs >$250k must be collateralized 110%; 5 years max maturity; All institutions must (1) have a minimum of $100 million in assets; (2) have a demonstrated history of positive earnings; and (3) must carry a minimum 3.5% equity ratio and hold that ratio for at least one year prior to the City's investment. All institutions must be located within the State of California; For collateralized or NCDs, institution must have a minimum $1 billion in assets.

Complies
Banker’s Acceptances "A-1" rated or better by a NRSRO; or "A" long-term debt rated category or better by a NRSRO; 40% max, 5% max per issuer; 180 days max maturity Complies
Commercial Paper
"A-1" rated or better by a NRSRO; and Issued by corporations with long-term debt rating of "A" or better by a NRSRO; 25% max; 40% max in Commercial Paper if the City's investment AUM are >$100 million, under a provision sunsetting on January 1, 2026; $1million max per issuing corporation; 5% max per issuer; 10% max of the outstanding commercial paper of any issuer; 270 days max maturity; Notes are secured promissory notes of industrial corporations, utilities and bank holding companies; Issuer must be a corporation organized and operating in the U.S. with assets >$500 million
Complies
Money Market Mutual Funds
Meet either of the following criteria: 1) Attained highest rating by two NRSROs; or 2) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience and AUM >$500 million; 3) 10% max in Money Market Mutual Funds; 4) 5% max per issuer; 4 years max maturity Complies
City of Vallejo
Assets managed by Chandler Asset Management are in full compliance with state law and with the Client's investment policy. 16 Compliance As of September 30, 2023
Category Standard Comment
Mutual Funds
Meet either of the following criteria: 1) Attained highest rating by two NRSROs; or 2) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience and AUM >$500 million; 3) 10% max in Mutual Funds; 4) 5% max per issuer; 4 years max maturity
Complies
Repurchase Agreements 20% max; 102% Collateralized; 1 year max maturity; Not used by Investment Adviser Complies Local Agency Investment Fund (LAIF) Maximum amount permitted by LAIF; 15 transactions limit per month, per account, per State policy Complies Local Government Investment
Pools(LGIP) No issuer limitation Complies
Equity Securities Only received by gift, bankruptcy, or in lieu of moneys due City Complies Social Responsibility No investment is to be made in a company that receives more than 51% of its gross revenues from the production or manufacture of fossil fuels, weapons, manufacturing, cigarettes, alcohol, or gaming products Complies Max Per Issuer 5% max per issuer unless otherwise specified in the policy Complies Max Per Asset Class 50% max per asset class of the portfolio (except U.S. Treasuries and authorized Pools) Complies Weighted Average Maturity 3 years Complies
Maximum Maturity 5 years Complies
City of Vallejo
Assets managed by Chandler Asset Management are in full compliance with state law and with the Client's investment policy. 17 Portfolio Characteristics
City of Vallejo Consolidated
09/30/23
Portfolio
06/30/23
Portfolio
Average Maturity (yrs) 1.21 1.06
Modified Duration 1.04 0.91
Average Purchase Yield 3.32% 2.87%
Average Market Yield 4.50% 3.98%
Average Quality* AA+/Aa1 AA+/Aa1
Total Market Value 237,417,085 255,492,136
*Portfolio is S&P and Moody’s, respectively.

As of September 30, 2023
18 City of Vallejo Consolidated
Sector Distribution
ABS

3.9% Agency

9.1%
CMO

1.1%
Corporate

11.9%
LAIF

19.8%Money Market
Fund

9.6%
US Treasury

44.5%
Supranational

0.2%
September 30, 2023 June 30, 2023
ABS

3.5%
Agency

8.2%
CMO

1.0%
Corporate

11.4%
LAIF

22.1%
Money Market
Fund

25.3%
US Treasury

28.5%
As of September 30, 2023
19 0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

50.0%

55.0%

60.0%
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ September 30, 2023 June 30, 2023
September 30, 2023 vs. June 30, 2023
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ 09/30/23 49.2% 8.5% 6.7% 13.1% 7.7% 8.4% 6.4% 0.0%
06/30/23 56.2% 5.3% 5.9% 14.0% 6.0% 9.0% 3.6% 0.0%
City of Vallejo Consolidated
Duration Distribution As of September 30, 2023
20 AAA AA A <A NR
09/30/23 22.5% 36.2% 10.6% 0.1% 30.6%
06/30/23 31.1% 30.0% 11.6% 0.1% 27.2%
Source: S&P Ratings
September 30, 2023 vs. June 30, 2023

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%
AAA AA A <A NR
09/30/23 06/30/23
Quality Distribution
City of Vallejo Consolidated
As of September 30, 2023
21 Purchase Yield as of 09/30/23 = 3.32%

0.00 0.50

1.00 1.50

2.00 2.50

3.00 3.50
Percent (%)
Historical Average Purchase Yield
City of Vallejo Consolidated
As of September 30, 2023
22 Portfolio Characteristics
City of Vallejo Bond Proceeds
09/30/23
Portfolio
06/30/23
Portfolio
Average Maturity (yrs) 0.23 0.40
Modified Duration 0.22 0.39
Average Purchase Yield 3.43% 2.37%
Average Market Yield 5.26% 5.15%
Average Quality* AAA/Aaa AAA/Aaa
Total Market Value 44,894,064 45,283,761
*Portfolio is S&P and Moody’s, respectively.

As of September 30, 2023
23 City of Vallejo Bond Proceeds
Sector Distribution
Money Market
Fund

34.8%
US Treasury

65.2%
September 30, 2023 June 30, 2023
Money Market
Fund

18.8%
US Treasury

76.7%
Negotiable CD

4.6%
As of September 30, 2023
24 0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

50.0%

55.0%

60.0%

65.0%

70.0%
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ September 30, 2023 June 30, 2023
September 30, 2023 vs. June 30, 2023
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ 09/30/23 63.2% 19.7% 17.2% 0.0% 0.0% 0.0% 0.0% 0.0%
06/30/23 45.3% 18.6% 27.7% 8.4% 0.0% 0.0% 0.0% 0.0%
City of Vallejo Bond Proceeds
Duration Distribution As of September 30, 2023
25 AAA AA A <A NR
09/30/23 63.2% 36.8% 0.0% 0.0% 0.0%
06/30/23 41.9% 58.1% 0.0% 0.0% 0.0%
Source: S&P Ratings
September 30, 2023 vs. June 30, 2023

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%
AAA AA A <A NR
09/30/23 06/30/23
Quality Distribution
City of Vallejo Bond Proceeds
As of September 30, 2023
26 Important Disclosures
2023 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ICE Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.

Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

As of September 30, 2023
27 Benchmark Disclosures
ICE BofA 1-Yr US Treasury Bill Index
The ICE BofA US 1-Year Treasury Bill Index is comprised of a single issue purchased at the beginning of the month and held for a full month. At the end of the month that issue is sold and rolled into a newly selected issue. The issue selected at each month-end rebalancing is the outstanding Treasury Bill that matures closest to, but not beyond, twelve months from the rebalancing date.

ICE BofA 1-5 Yr US Treasury & Agency Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

As of September 30, 2023
28 MONTHLY ACCOUNT STATEMENT
City of Vallejo Consolidated - Account #262
SEPTEMBER 1, 2023 THROUGH SEPTEMBER 30, 2023
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER

ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact
[email protected]

ACCOUNT SUMMARY
Beg. Values
as of
8/31/23
End Values
as of
9/30/23
Market Value
226,674,946
236,013,025
Accrued Interest
1,510,044
1,404,060
Total Market Value
228,184,990
237,417,085
Income Earned
617,007
584,152
Cont/WD
Par
233,233,065
242,736,933
Book Value
231,275,823
240,830,497
Cost Value
231,696,237
241,185,601

TOP ISSUERS
Government of United States

44.5%
Local Agency Investment Fund

19.8%
Wells Fargo Corp

9.3%
Federal Home Loan Bank

4.1%
Federal National Mortgage Assoc

3.1%
Federal Home Loan Mortgage Corp

2.9%
Chubb Corporation

0.8%
Toronto Dominion Holdings

0.8%
Total

85.3%

PORTFOLIO CHARACTERISTICS
Average Modified Duration

1.04 Average Coupon

2.90%
Average Purchase YTM

3.32%
Average Market YTM

4.50%
Average S&P/Moody Rating
AA+/Aa1
Average Final Maturity

1.21 yrs
Average Life

1.09 yrs

CREDIT QUALITY (S&P)

MATURITY DISTRIBUTION

SECTOR ALLOCATION
Portfolio Summary
As of September 30, 2023
City of Vallejo Consolidated
Account #262

PERFORMANCE REVIEW
Annualized

TOTAL RATE OF RETURN
1M
3M
YTD
1YR
2YRS
3YRS
5YRS
10YRS
Execution Time: 10/5/2023 5:37:20 PM
Chandler Asset Management - CONFIDENTIAL

Page 1 ends

Vallejo City CouncilNovember 14, 2023

Vallejo City Council
November 14, 2023