Agenda packet — Vallejo City Council, January 9, 2024

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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
JANUARY 9, 2024

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. SELECTION OF VICE MAYOR
A. ADOPTION OF A RESOLUTION ELECTING A VICE MAYOR
Recommendation: Adopt a Resolution electing a member of the City Council to serve as Vice Mayor from January 9, 2024 to January 7, 2025 Contact: Dawn G. Abrahamson, City Clerk, (707) 648-4528 [email protected]

6. PRESENTATIONS AND COMMENDATIONS

7. 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.

8. 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.

9. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of December 12 and 19, 2023 and the minutes for the special December 19, 2023 meeting of the Vallejo City Council as the governing board of the Successor Agency to the former Vallejo Redevelopment Agency.

Contact: Dawn G. Abrahamson, City Clerk, MMC (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

Contact: Dawn G. Abrahamson, City Clerk, MMC (707) 648-4527 [email protected]
C. ADOPT RESOLUTION CONFIRMING AND CONSENTING TO COUNCIL

APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND
COMMITTEES FOR THE YEAR 2024
Recommendation: Adopt a resolution consenting to and confirming various appointments to Commissions, Boards and Committees for 2024.

Contact: Dawn G. Abrahamson, City Clerk, (707) 648-4528 [email protected]
D. ADOPT A RESOLUTION REJECTING THE BID SUBMITTED BY MVP

CONSTRUCTION, LLC FOR THE REPLACEMENT OF THE ROOF AT ZIO

FRAEDOS RESTAURANT AND DIRECTING STAFF TO REVISE THE

PROJECT SCOPE OF WORK AND RE-ADVERTISE THE PROJECT
Recommendation: Adopt a resolution rejecting the bid submitted by MVP Construction, LLC for the replacement of the roof at Zio Fraedos restaurant and directing staff to revise the project scope of work and re-advertise the project.

Contact: Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
E. ACCEPT THE F3 MARINA TENANT IMPROVEMENT / BARRIER PROJECT (PROJECT NO. PWC111) PERFORMED BY MVP CONSTRUCTION, LLC AS

COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF

COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
Recommendation: Accept the F3 Marina Tenant Improvement / Barrier Project (Project No. PWC111) performed by MVP Construction, LLC as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

Contact: Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]
F. ADOPT A RESOLUTION APPROVING AN EQUIPMENT PURCHASE
AGREEMENT WITH DXP ENTERPRISES, INC. TO PROVIDE VARIOUS

SPECIALIZED WATER TREATMENT EQUIPMENT IN AN AMOUNT NOT- TO-EXCEED $300,000 THROUGH JUNE 30, 2025 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution authorizing the City Manager to execute an Equipment Purchase Agreement with DXP Enterprises, Inc. to provide various specialized water treatment equipment in an amount not to exceed $300,000 through June 30, 2025.

Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A MAINTENANCE AND FUNDING AGREEMENT WITH THE

NAPA VALLEY VINE TRAIL COALITION
Recommendation: Adopt a Resolution authorizing the City Manager to execute the Maintenance and Funding Agreement with the Napa Valley Vine Trail Coalition.

Contact: Melissa L. Tigbao, Public Works Director (707) 648-4433 [email protected]

10. 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. ADOPTION OF A RESOLUTION ADOPTING A COUNCIL POLICY

RELATING TO BUDGET REQUESTS AND EXPENDITURES FOR CITY

BOARDS, COMMISSIONS AND COMMITTEES
Recommendation: Adopt a resolution adopting a Council Policy that establishes a standard set of regulations for annual budget requests and expenditures of the City of Vallejo Boards, Commissions and Committees.

Contact: Michael Malone, City Manager (707) 648-4576
[email protected]
B. REVIEW AND PROVIDE DIRECTION REGARDING COUNCILMEMBER

REFERRALS
Recommendation:

1. Acknowledge the following 2-step process, previously adopted by the City Council, to formalize Councilmember requests to allocate the City’s scarce staff resources to provide information, analysis, review, or study.
• At a regularly scheduled Council meeting a councilmember identifies the proposed work item they would like to have staff undertake and the item is agendized for a future regular meeting for Step 1 consideration.

Step 1 of the 2 Step Process
• The Mayor (or Vice Mayor in the absence of the Mayor) asks the Council to consider whether or not to refer the item to staff for evaluation and costing; and
• If a majority of the Council agrees with the request, the item is referred for evaluation. Staff estimates the number of hours needed to complete the desired action, identifies if there are sufficient resources available to complete the desired request on a timely basis, assigns an estimated completion date and reports back to Council at a future regular meeting.

Step 2 of a 2 Step Process
• The Council reviews the staff evaluation report and approves or disapproves the request.
• If the request is approved, it is added to the staff’s City Council Referral Log and is tracked to ensure it is returned to the City Council in a timely manner.

2. Review the attached list (Attachment 1) of 20 open referral requests proposed by members of the City Council that have not completed Steps 1 or 2, 5 that have completed Step 1 but not yet Step 2 and 5 that have completed Steps 1 and 2 and require further work by staff to be brought back at a future meeting. The City Council is asked to provide direction to staff to identify and prioritize, work projects that are to be referred to the City Manager for an evaluation of cost and resource availability, with a report to Council prior to the Council directing staff to proceed with the work project. Council is also being asked to consider other Council identified goals in prioritizing these referrals.

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

11. 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 THE PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.

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

12. CITY MANAGER’S REPORT

13. CITY ATTORNEY’S REPORT

14. COMMUNITY FORUM
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.

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

16. 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: Thursday, January 4, 2024

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 12:15 p.m., Thursday, January 4, 2024.

Dated: Thursday, January 4, 2024

Dawn G. Abrahamson, City Clerk

SELECTION OF VICE MAYOR 5.A.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPTION OF A RESOLUTION ELECTING A VICE MAYOR

RECOMMENDATION
Adopt a Resolution electing a member of the City Council to serve as Vice Mayor from January 9, 2024 to January 7, 2025

REASONS FOR RECOMMENDATION
Section 319 of the City Charter was amended by the voters at the November 5, 2013, General Municipal Election (Measure E). This section now requires that on the first Tuesday following January 1 of each year the Council shall select from amongst its members a Vice Mayor who shall serve for a term of one year and until a successor is elected by the Council. In addition to the regular duties as a member of the Council, the Vice Mayor shall perform the duties of Mayor during the Mayor's absence or disability, and may perform at any time any duty of the office of the Mayor as may be delegated by the Mayor.

BACKGROUND AND DISCUSSION
City Charter Section 319 requires the Council to elect a member of the Council to serve as Vice Mayor on the first Tuesday following January 1 of each year. Historically, the Council rotated the position of Vice Mayor based on the seniority of the members of the Council. The post would go to the most senior councilmember who had not had the chance to be vice mayor yet, and in the case where two or more members of Council had the same seniority, the Council elected the member that received the most votes at the preceding election.

This historical practice has not always been followed, and the Council has not adopted a formal policy indicating a particular process or practice. It is also important to note that past practice was based on seniority and the most votes for councilmembers who were then elected at-large. There is no obligation by any member of the Council to accept a nomination to serve as Vice Mayor. If the Council chooses not to follow its historical practice, the Council may nominate and elect any councilmember to serve as Vice Mayor.

Following is information on when each Councilmember was elected and if they have served as Vice Mayor. This information is provided in order of seniority per the process noted above.

Councilmember Verder-Aliga was originally elected in November 2013 for a two-year seat, and re- elected in November 2016 with a total of 14,837 votes and in 2020 to the District 1 seat with a total of 4,258 votes (44.78% of votes in that district). At the time of the election, total voter registration in District 1 was 12,739. She served as Vice Mayor from January to December 2016 and from January to December 2021, 2022 and 2023.

Councilmember Loera-Diaz was elected in November 2020 to the District 3 seat with a total of 5,820 votes (62.79% of votes in that district). At the time of the election, total voter registration in District 3 was 13,319. Councilmember Loera-Diaz has not yet served as Vice Mayor.

Date: January 9, 2024
Subject: ADOPTION OF A RESOLUTION ELECTING A VICE MAYOR

Page 2 ends

Councilmember Arriola was elected in November 2020 to the District 6 seat with a total of 3,866 votes (57.19% of votes in that district). At the time of the election, total voter registration in District 6 was 10,515. Councilmember Arriola has not yet served as Vice Mayor.

Councilmember Peter Bregenzer was elected in November 2022 to the District 5 seat with a total of 1,702 votes (34.29% of votes in that district). At the time of the election, total voter registration in District 5 was 11,178. Councilmember Bregenzer has not yet served as Vice Mayor.

Councilmember Diosdado "JR" Matulac was elected in November 2022 to the District 2 seat with a total of 1,421 votes (37.30% of votes in that district). At the time of the election, total voter registration in District 2 was 14,031.Councilmember Matulac has not yet served as Vice Mayor.

Councilmember Charles Palmares was elected in November 2022 to the District 4 seat with a total of 1,413 votes (35.16% of votes in that district). At the time of the election, total voter registration in District 4 was 10,296. Councilmember Palmares has not yet served as Vice Mayor.

FISCAL IMPACT
There is no fiscal impact in the selection of the Vice Mayor position.

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 Electing Vice Mayor 010924 CAO STAMP

CONTACT
Dawn G. Abrahamson, City Clerk, (707) 648-4528
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-__ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ELECTING AND APPOINTING A VICE MAYOR FOR 2024
WHEREAS, section 319 of the Vallejo City Charter requires that on the first Tuesday following January 1 of each year, the City Council shall elect from amongst its members a Vice Mayor who shall serve for a term of one year and until a successor is elected by the Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo elects Councilmember ______________________ to serve as Vice Mayor for the term set forth in Vallejo City Charter section 319.

Adopted by the City Council of the City of Vallejo at a regular meeting held on January 9, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Special City Council Meeting Minutes
December 12, 2023
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 12, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 4:30 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived at 4:55 p.m.), Councilmembers Arriola, Bregenzer, Loera-Diaz (arrived at 4:31 p.m.), Matulac, and Palmares

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, and Human Resources Director Sifuentes
The Council convened into Closed Session in the Council Conference Room at 4:33 p.m.

3. CLOSED SESSION
A. Public Employee Performance Evaluation - Pursuant to Government Code Section 54957
Title: City Manager
B. Public Employment
Title: City Manager
Pursuant to Government Code Section 54957

4. ADJOURNMENT
The meeting adjourned at 6:40 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
December 12, 2023
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 12, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:22 p.m.

2. ROLL CALL

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

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

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to staff with respect to Closed Session Items 3A and 3B. No other action to report.

5. PRESENTATIONS AND COMMENDATIONS
Action: Youth Services Coordinator Grace-Barksdale and members of the Youth Delegation provided highlights of the VCUSD Youth Delegation to the NLC City Summit Conference attended in November 2023.

A. PRESENTATION BY THE CITY OF VALLEJO YOUTH DELEGATION ABOUT

THE NATIONAL LEAGUE OF CITIES CONFERENCE TRIP TO ATLANTA

6. FIRST COMMUNITY FORUM
Speakers: Daniel Boone, Daniel Glaze, Angela Sullivan, Matthew Finkelstein, and Bridget Doherty.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.

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

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of November 28, 2023
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: approved minutes.

Regular City Council Meeting Minutes
December 12, 2023
Page | 2
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

C. ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2024 AND 2025
Recommendation: Adopt a resolution establishing a schedule of regular City Council meetings for 2024 and 2025.

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Action: adopted Resolution No. 23-200 N.C.

D. ACCEPT THE HIDDENBROOKE PARKWAY LANDSCAPE IMPROVEMENT / REHABILITATION PROJECT (PROJECT NOS. PWL001 AND PW9435),

PERFORMED BY MCGUIRE AND HESTER AS COMPLETE, AND

AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH

THE SOLANO COUNTY RECORDER'S OFFICE
Recommendation: Accept the Hiddenbrooke Parkway Landscape Improvement / Rehabilitation Project (Project Nos. PWL001 and PW9435), performed by McGuire and Hester of Alameda, 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 Hiddenbrooke Parkway Landscape Improvement / Rehabilitation Project (Project Nos. PWL001 and PW9435), performed by McGuire and Hester of Alameda, California, as complete, and authorized the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

E. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VALLEJO APPROVING THE FIRST AMENDMENT TO THE EQUIPMENT
PURCHASE AGREEMENT WITH JM SQUARED ASSOCIATES, INC. FOR

HIGHLY SPECIALIZED EQUIPMENT FOR A NOT TO EXCEED AMOUNT OF $300,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving the First Amendment to the Equipment Purchase Agreement with JM Squared Associates, Inc. for deep-well submersible pumps for the water treatment plants for a not-to-exceed amount of $300,000 and extend through June 30, 2025 and authorize the City Manager to execute same.

Contact: Beth Schoenberger, Water Director, 707-648-5439 Regular City Council Meeting Minutes
December 12, 2023
Page | 3
[email protected]
Action: adopted Resolution No. 23-201 N.C.

F. ADOPT A RESOLUTION REPEALING RESOLUTION 23-003 N.C. AND

MAKING CHANGES TO COUNCIL MEMBER APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2023 TO

INCLUDE APPOINTMENT OF COUNCIL LIAISON TO THE MEASURE P

OVERSIGHT COMMITTEE
Recommendation: Repeal Resolution No. 23-003 N.C. and adopt a new Resolution consenting to and approving changes to various appointments to Commissions, Boards and Committees for 2023 to include a council liaison to the Measure P Oversight Committee
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Action: adopted Resolution No. 23-202 N.C.

9. ACTION CALENDAR
A. CONSIDER REQUEST BY MAYOR MCCONNELL TO AGENDIZE COUNCIL

CONSIDERATION OF ADOPTING A RESOLUTION RELATING TO THE
SITUATION IN GAZA (STEP 1)
Recommendation: Consider Mayor McConnell’s request and direct staff to prepare and present relevant materials at a future meeting when the full Council will be present
Contact: Mayor McConnell
[email protected]
Speakers: Sally Sears, Huzaifa K., Matt J., Ellen B., Nora T., Luis A., Cindy P., Husni P., S. George, Dayton P., Andrew P., R. Lessem, Maricel C., Henrique P., Matthew Finkelstein, Maribel P., Desiree P., Jazz P. and Maya P., Mary J., S.

Goerke-Shrode, Mercedes M., Leah C., Charlie S., J. Leventhal, Geri Kahn, Orange P., Acqi P., Lo P., Linda Rosner, Mitchell Chernock, Lawrence Grossman, Diana Estrin, Shoshana Deutscher-Nurik, Monica Brown, Shastin Svendsen, Ari Val, Steven Pierce, Shiva M., Sara C., Cristal Gallegos, Susan Cohen, Ignacio Mendoza, Nida K., Anna T., Palestina Libre Por Vida, Rabbi Zaklos, Ali Annabell, Anne Carr, Joann, Nimat Shakoor-Grantham, Kemal Abuhan, Breckon, Mimi, Syed H., Bassam, Nandine Mansour, Bella, Sarah Z., and Maha Syed.

The meeting recessed at 10:15 p.m. and reconvened at 10:29 p.m.

Councilmembers discussed the request and provided comments.

The meeting recessed at 10:47 p.m. and reconvened at 11:01 p.m.

Councilmembers provided additional comments.

Action: Moved by Mayor McConnell and carried that Council appoint 2 volunteers to attempt to draft a properly worded proclamation concerning the Regular City Council Meeting Minutes
December 12, 2023
Page | 4
middle east issue (Noes-Bregenzer).

B. DISCUSSION AND POSSIBLE DIRECTION TO STAFF AS REQUESTED BY

COUNCIL MEMBER BREGENZER TO CONSIDER ADDITIONAL RED LIGHT

ENFORCEMENT CAMERAS AND/OR POSSIBLY OTHER TECHNOLOGY TO ASSIST THE POLICE DEPARTMENT (STEP 2)
Recommendation: Provide direction to staff on the possible acquisition and implementation of additional red light enforcement cameras and/or other technology which could assist the Police Department.

Contact: Councilmember Bregenzer
[email protected]
Councilmember Bregenzer discussed the nature of his initial request followed by Council discussion.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: by consensus of the Council, staff was directed to return to Council following review and discussion with recommendations from the Surveillance Advisory Board on the acquisition and implementation of additional red light enforcement cameras and/or possibly other technology to assist the Police Department to include analysis and recommendations on the purchase and number of cameras, selection of neighborhoods and intersections, cost, and staffing, and a cost analysis on other traffic calming measures.

C. CONSIDER REQUEST FROM COUNCIL MEMBER BREGENZER RELATING

TO THE POSSIBLE SALE OF HERBERT HOUSE, CURRENTLY LOCATED AT 2 FLORIDA STREET, WITH OR WITHOUT THE SALE OF THE

UNDERLYING PROPERTY AND/OR RELOCATION THEREOF AND
PROVIDE DIRECTION TO STAFF (STEP 2)
Recommendation: Provide direction to staff relating to: (1) the possible declaration of the Herbert House as Surplus Property; (2) authorization for sale thereof, either with or without the underlying property; and (3) possible relocation thereof.

Contact: Councilmember Bregenzer
[email protected]
Councilmember Bregenzer discussed the nature of his initial request.

Economic Development Director Nimon provided background information, discussed potential uses and considerations and concluded by outlining options for Council consideration and next steps.

Speakers: Gretchen Zimmermann, Anne Carr, Jimmy Genn, and Amy Herbert Labowitch.

Regular City Council Meeting Minutes
December 12, 2023
Page | 5
Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: by consensus of the Council, staff was directed to return to Council with lot diagrams and obtain further direction on the sale.

10. INFORMATION CALENDAR
A. RECEIVE AN UPDATE ON THE PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item
Contact: Jason Ta, Interim Police Chief (707) 648-4540
[email protected]
Captain Ramsay 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.

Speakers: Anne Carr.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

11. CITY MANAGER’S REPORT – none.

12. CITY ATTORNEY’S REPORT – none.

13. COMMUNITY FORUM
Speakers: None.

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

15. ADJOURNMENT
The meeting adjourned at 1:01 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Regular City Council Meeting Minutes
December 12, 2023
Page | 6
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
December 19, 2023
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 19, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

Present: Mayor McConnell, Councilmembers Arriola, Bregenzer, Loera-Diaz, and Matulac

Absent: Vice Mayor Verder-Aliga and Councilmember Palmares Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson and Assistant City Manager Davis
The City Council convened into Closed Session in the Council Conference Room at 5:02 p.m.

3. CLOSED SESSION
A. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 301 Farragut Avenue, Vallejo, CA 94590 and 1220 Gateway Drive, Vallejo, CA 94589
Agency Negotiators: Terrance Davis, Assistant City Manager Negotiating Parties: Vallejo Unified School District
Under Negotiations: Price and Terms of Payment

4. ADJOURNMENT
The meeting adjourned at 6:00 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
December 19, 2023
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 19, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:00 p.m.

2. ROLL CALL

Present: Mayor McConnell, Councilmembers Arriola, Bregenzer, Loera-Diaz, and Matulac

Absent: Vice Mayor Verder-Aliga and Councilmember Palmares Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to staff with respect to the item on the Closed Session agenda held prior to the start of the Successor Agency meeting.

No other action to report.

5. PRESENTATIONS AND COMMENDATIONS
Action: members of the Sister City Commission and Association provided a presentation.

A. SISTER CITY COMMISSION/ASSOCIATION PRESENTATION ON TRIP TO

AKASHI, JAPAN

6. FIRST COMMUNITY FORUM
Speakers: Richard Hybels and Mustafa Abdul-Ghanee.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Councilmember Loera-Diaz and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Item 8E from the Consent Calendar making it Item 8.1 (Absent: Verder- Aliga and Palmares).

A. 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
Regular City Council Meeting Minutes
December 19, 2023
Page | 2
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Waived reading and authorized introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety
B. PAYMENT OF CLAIMS: October 2023
Recommendation: Ratify the payment of claims for the period of October 1, 2023 through October 31, 2023.

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

C. ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE PAVING TUOLUMNE ST. & GEORGIA ST. PROJECT, AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $563,762, PLUS
CONTINGENCY, TO CONSOLIDATED ENGINEERING, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a resolution approving the project plans and specifications for the Paving Tuolumne St. & Georgia St. Project, awarding a construction contract in the amount of $563,762, plus contingency, to Consolidated Engineering, Inc., and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
Action: adopted Resolution No. 23-203 N.C.

D. ADOPT A RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDING PROCESS AND CRITERIA FOR FISCAL YEAR 2024- 25 Recommendation: Adopt the enclosed Resolution approving a funding process and criteria for the Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program for Fiscal Year (FY) 2024-25 (July 1, 2024 through June 30, 2025).

Contact: Alicia Jones, Housing Director (707) 648-4408
[email protected]
Action: adopted Resolution No. 23-204 N.C.

E. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AN HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO

THE MILLS ACT, CONSISTENT WITH THE RECOMMENDATION OF THE

ARCHITECTURAL HERITAGE AND LANDMARKS COMMISSION, FOR THE RESIDENTIAL PROPERTY LOCATED AT 812 YORK STREET
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Historic Property Preservation Agreement pursuant to the Mills Act, consistent with the Architectural Heritage and Landmarks Commission recommendation, for the residential property located at 812 York Street.

Regular City Council Meeting Minutes
December 19, 2023
Page | 3
Contact: Christina Ratcliffe, AICP, Planning and Development Services Director (707) 648-4326
[email protected]
Action: item was removed from the Consent Calendar at the request of Councilmember Bregenzer.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: Moved by Councilmember Loera-Diaz and failed to adopt a resolution authorizing the City Manager to execute a Historic Property Preservation Agreement pursuant to the Mills Act, consistent with the Architectural Heritage and Landmarks Commission recommendation, for the residential property located at 812 York Street. (Ayes: Mayor McConnell; Noes: Arriola, Bregenzer, Loera-Diaz, and Matulac; Absent: Verder-Aliga and Palmares).

F. ADOPTION OF A RESOLUTION RECEIVING AND FILING THE SB 165 ANNUAL REPORT FOR FY 2022-23
Recommendation: Adopt a Resolution to receive and file the annual reports relating to special taxes levied in the City's Northeast Quadrant Improvement District No. 2003-01 and Hiddenbrooke Improvement District No. 1998-1 for fiscal year ended June 30, 2023.

Contact: Rekha Nayar, Finance Director (707-648-4592)
[email protected]
Action: adopted Resolution No. 23-205 N.C.

G. ADOPT RESOLUTION APPROVING THE SIXTH AMENDMENT TO

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY AND AKIN GUMP STRAUS HAUER & FELD, INCREASING THE NOT-TO-EXCEED BY $140,000, AND EXTENDING THE TERM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a resolution approving the Sixth Amendment to the Consultant and Professional Services Agreement with Akin Gump Straus Hauer & Feld (“Akin Gump”) for legislative affairs services, increasing the not-to- exceed amount by $140,000 and extending the term thereof and authorizing the City Manager to execute same.

Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Action: adopted Resolution No. 23-206 N.C.

H. ADOPT A RESOLUTION ACCEPTING THE CLEAN CALIFORNIA GRANT

AWARD AND PROVIDE NOTICE TO AMEND THE BUDGET TO ACCEPT
THE GRANT FUNDS (STEP 1)
Recommendation: Adopt a Resolution accepting the Clean California grant award and providing notice of intent to amend the budget to accept the awarded grant funds (Step 1).

Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Action: adopted Resolution No. 23-207 N.C.

Regular City Council Meeting Minutes
December 19, 2023
Page | 4

9. ACTION CALENDAR
A. UPDATE ON ACTIONS TAKEN AND CONFIRMATION OF THE CONTINUED

EXISTENCE OF THE CONDITIONS LEADING TO THE DECLARATION OF A

STATE OF LOCAL EMERGENCY RELATING TO PUBLIC SAFETY

STAFFING
Recommendation: Receive the update and confirm the continued existance 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]
Interim Police Chief Ta provided an update on Phase 1 (Service Model Reduction), Phase 2 (Rotation of Officers to Patrol Shifts), Phase 3 (Collapsing Traffic & Detective Divisions), Phase 4 (Modifying Patrol Shifts to 12-hours or another Staffing Model), and outside assistance, provided updated current staffing numbers, and the status of police facilities (Dispatch Center and Police Headquarters).

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

Speakers: Mustafa Abdul-Ghanee and Anne Carr.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: moved by Councilmember Loera-Diaz and carried by members present, to receive the update and confirm the continued existence of the conditions leading to the declaration of a state of local emergency (Noe: Bregenzer;

Absent: Verder-Aliga and Palmares).

10. INFORMATION CALENDAR
A. CITY OF VALLEJO BROADBAND & MUNICIPAL FIBER BUILDOUT UPDATE
Recommendation: Item is for informational purpose only and no action is required. There is no staff report associated with this item.

Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
Chief Innovation Officer/IT Director Ashraf provided historical background information, discussed milestones to reach achievement, reviewed current activities, the re-branding and marketing strategy, Smart Fiber Partnership, Digital Equity and Digital Divide projects and future projects, and concluded the presentation outlining revenue projections.

Speakers: Anne Carr and Chris Platzer.

Regular City Council Meeting Minutes
December 19, 2023
Page | 5
Staff and Mr. Stukas responded to questions from Councilmembers.

Councilmembers provided comment.

B. COUNCIL UPDATE FROM THE PLANNING AND DEVELOPMENT

SERVICES DEPARTMENT AND THE ECONOMIC DEVELOPMENT

DEPARTMENT
Recommendation: Item is for informational purpose only and no action is required. There is no staff report associated with this item.

Contact: Christina Ratcliffe, Planning & Development Services Director (707) 648-4326
[email protected]
Michael Nimon, Economic Development Director (707) 649-5452 [email protected]
Economic Development Director Nimon shared a look at the Vallejo indicator numbers and a comparison from 2021 to 2023 and what has changed, provided an update on the Department’s ongoing work and special projects.

Planning & Development Services Director Ratcliffe provided an update on the Department’s ongoing work moving forward, shared a look at the numbers and a comparison from FY 20-21 to FY 23-24 related to Building & Planning Permits, Code Enforcement Cases, Building, Planning and Code Enforcement Revenue Comparisons, and concluded the presentation by providing visual aides and renderings of projects recently approved.

Speakers: Anne Carr.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

11. CITY MANAGER’S REPORT
City Manager Malone announced the upcoming launching of the first Citizens Academy starting in February 2024 and reported the Vallejo Weekly featured an article on the Employee Retention Program and an update on ARPA funds.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: None.

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

15. ADJOURNMENT
The meeting adjourned at 10:09 p.m.
________________________________
Regular City Council Meeting Minutes
December 19, 2023
Page | 6
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special Successor Agency Meeting Minutes
December 19, 2023
Page | 1

VALLEJO CITY COUNCIL AS

GOVERNING BOARD OF THE SUCCESSOR AGENCY

TO THE FORMER VALLEJO REDEVELOPMENT AGENCY

SPECIAL MEETING MINUTES
DECEMBER 1, 2023

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.

2. ROLL CALL

Present: Mayor McConnell, Councilmembers Arriola, Bregenzer, Loera-Diaz, and Matulac

Absent: Vice Mayor Verder-Aliga and Councilmember Palmares Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

3. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Councilmember Loera-Diaz and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar (Absent: Verder-Aliga and Palmares).

A. ADOPT A RESOLUTION APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2024 THROUGH JUNE 30, 2025 ("ROPS 24-25")
Recommendation: Adopt a Resolution approving the Recognized Obligations Payment Schedule for July 1, 2024 through June 30, 2025 (“ROPS 24-25”).

Contact: Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
Action: adopted Resolution No. 23-001

4. ACTION CALENDAR – None.

5. ADJOURNMENT
The meeting adjourned at 6:33 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

Special Successor Agency Meeting Minutes
December 19, 2023
Page | 2
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
ACTION ITEM 9.C.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION CONFIRMING AND CONSENTING TO COUNCIL

APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2024

RECOMMENDATION
Adopt a resolution consenting to and confirming various appointments to Commissions, Boards and Committees for 2024.

REASONS FOR RECOMMENDATION
Pursuant to Vallejo Municipal Code Section 2.02.350D, appointments to boards, commissions and committees shall be considered and acted upon by the City Council in open public meetings of the council, unless otherwise permitted by law. Pursuant to 2.02.350E, the Mayor is authorized to make appointments, with the consent of the City Council, to committees composed solely of councilmembers and to special ad hoc committees of limited duration of purpose. Additional sources of authority, as cited in the attachment to the resolution, may provide for the mayoral appointments to other boards and bodies. The Mayor undertakes a review of mayoral appointments at the beginning of each calendar year.

BACKGROUND AND DISCUSSION
Annually, the Mayor reviews the appointment of councilmembers to various boards, commissions, committees and liaison positions. Based on the Mayor's review, the attached list of appointments for calendar year 2024 is submitted for the City Council's consideration and consent. Appointments shall continue until a successor is duly appointed.

Council liaisons are assigned to each of the various City commissions, boards and committees and other bodies, including designating a representative to County, Regional and State Boards and Commissions and other agencies to serve as board members and delegates as a means of furthering the City's interests.

FISCAL IMPACT
There is no fiscal impact in the filling of vacancies on standing committees.

ATTACHMENTS

1. 2024 Resolution Making Commission Committee Appointments CAO STAMP

2. 2024 Council Appointments minus ad-hoc committees_010924

Date: January 9, 2024
Subject: ADOPT RESOLUTION CONFIRMING AND CONSENTING TO COUNCIL

APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS AND COMMITTEES FOR THE YEAR 2024

Page 2 ends

CONTACT
Dawn G. Abrahamson, City Clerk, (707) 648-4528
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-___ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING

COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS,
BOARDS AND COMMITTEES FOR 2024
WHEREAS, pursuant to Vallejo Municipal Code Section 2.02.350 D, appointments to boards, commissions and committees shall be considered and acted upon by the Council in open public meetings of the Council, unless otherwise permitted by law; and WHEREAS, pursuant to Vallejo Municipal Code section 2.02.350 E, the Mayor is authorized to make appointments to committees and sub-committees composed solely of Council members and to special ad hoc committees of limited duration of purpose with the consent of the City Council; and
WHEREAS, a Council liaison is assigned to each of the various City commissions, boards and committees and other bodies; and
WHEREAS, it is necessary to designate the City of Vallejo representative to various County, regional and statewide boards and commissions and other agencies to serve as board members, members and delegates as a means of furthering the City's interests; and WHEREAS, it is necessary to nominate a City of Vallejo representative on advisory committees of other public entities for the appointment by the Board of such public entities.

NOW, THEREFORE, BE IT RESOLVED that the attached list of appointments, incorporated herein by reference, for calendar year 2024 are hereby made, consented to and confirmed as applicable.

BE IT FURTHER RESOLVED that said appointments shall continue until a successor is duly appointed.

Adopted by the City Council of the City of Vallejo at a regular meeting held on January 9, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
COUNCIL APPOINTMENTS-2024
January 9, 2024
1 COUNCIL LIAISON APPOINTMENTS TO CITY COMMISSIONS/BOARDS/COMMITTEES

NAME OF COMMISSION,

BOARD OR COMMITTEE COUNCIL LIAISON NUMBER OF

APPOINTMENTS MEETING INFORMATION

ARCHITECTURAL

HERITAGE & LANDMARK

COMMISSION

BREGENZER ONE
3RD THURSDAY MONTHLY
6:30 P.M.

CITY COUNCIL CHAMBERS

BEAUTIFICATION

COMMISSION VERDER-ALIGA ONE
1st WEDNESDAY 6:00 P.M.

BI-MONTHLY

CITY COUNCIL CHAMBERS

CIVIL SERVICE

COMMISSION MATULAC ONE
2ND MONDAY MONTHLY
5:15 P.M.

CITY COUNCIL CHAMBERS

CODE ENFORCEMENT

APPEALS BOARD MATULAC ONE
4TH THURSDAY 6:00 P.M.

MONTHLY

CITY COUNCIL CHAMBERS

COMMISSION ON CULTURE

AND THE ARTS ARRIOLA ONE
4th MONDAY 6:00 P.M.

MONTHLY

CITY COUNCIL CHAMBERS

DESIGN REVIEW BOARD PALMARES ONE
2ND THURSDAY MONTHLY
7:00 P.M.

CITY COUNCIL CHAMBERS

ECONOMIC VITALITY

COMMISSION LOERA-DIAZ ONE
2ND WEDNESDAY BI-MONTHLY- AS
NEEDED 6:00 P.M.

CITY COUNCIL CHAMBERS

HOUSING & COMMUNITY

DEVELOPMENT

COMMISSION

BREGENZER ONE
1ST THURSDAY 7:00 P.M.

MONTHLY

CITY COUNCIL CHAMBERS

HUMAN RELATIONS

COMMISSION MATULAC ONE
4TH WEDNESDAY IN THE MONTHS

OF JANUARY, APRIL, JULY &

OCTOBER AS NEEDED
6:00 P.M.

CITY COUNCIL CHAMBERS

MARINA ADVISORY

COMMITTEE ARRIOLA ONE
1ST THURSDAY QUARTERLY
5:00 P.M.

CITY COUNCIL CHAMBERS

MCCUNE COLLECTION
COMMISSION PALMARES ONE 1st MONDAY BI-MONTHLY 5:00 P.M.

CITY COUNCIL CHAMBERS

PLANNING COMMISSION PALMARES ONE
1ST & 3RD MONDAY MONTHLY
7:00 P.M.

CITY COUNCIL CHAMBERS

SISTER CITY COMMISSION VERDER-ALIGA ONE
3RD MONDAY 5:30 P.M.

BI-MONTHLY

SISTER CITY RM JFK LIBRARY

PARTICIPATORY

BUDGETING STEERING

COMMITTEE

ARRIOLA

BREGENZER TWO
3RD WEDNESDAY 6:30 P.M.

MONTHLY

COUNCIL CHAMBERS

SURVEILLANCE ADVISORY

BOARD ARRIOLA ONE
3rd THURSDAY 6:00 P.M.

MONTHLY

VALLEJO ROOM UNLESS COUNCIL

CHAMBERS IS AVAILABLE

MEASURE P OVERSIGHT

COMMITTEE

PALMARES
LOERA_DIAZ

MATULAC
(ALTERNATE)
ONE

AT LEAST TWICE PER CALENDAR
YEAR; MORE FREQUENTLY IF
NECESSARY. VALLEJO ROOM

UNLESS COUNCIL CHAMBERS IS

AVAILABLE
COUNCIL APPOINTMENTS-2024
January 9, 2024
2 COUNCIL LIAISON APPOINTMENTS TO COMMUNITY BASE ORGANIZATIONS,

COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS

NAME OF AGENCY COUNCIL LIAISON NUMBER OF

APPOINTMENTS MEETING INFORMATION

CENTRAL CORE
RESTORATION CORP.
(CCRC)

LOERA-DIAZ ONE
2ND THURSDAY 4:30 P.M.
301 GEORGIA STREET, SUITE 290

VALLEJO CA

VALLEJO CENTER FOR THE
ARTS (formerly Community
Arts Foundation, Empress
Theatre)
VERDER-ALIGA ONE 4TH WEDNESDAY 7:00 P.M.

FIGHTING BACK
PARTNERSHIP VERDER-ALIGA ONE 1ST THURSDAY 6:00 P.M.
3RD FLOOR, JFK LIBRARY

HUMANE SOCIETY OF

NORTH BAY

MATULAC

PALMARES TWO MEETINGS AS NEEDED

SENIOR CITIZENS COUNCIL ARRIOLA ONE
2ND MONDAY OF JANUARY & JUNE
12:30 – 2:00 P.M.

DOUGLAS SENIOR CENTER

SOLANO COUNTY FAIR

ASSOCIATION BREGENZER ONE
2ND WEDNESDAY 6:15 P.M.

SOLANO COUNTY FAIRGROUNDS
900 FAIRGROUNDS DRIVE

TRAVIS REGIONAL ARMED
FORCES COMMITTEE VERDER-ALIGA ONE 3rd MONDAY 8:00 A.M. BREAKFAST

DELTA BREEZE CLUB TRAVIS AFB

VALLEJO CONVENTION AND
VISITORS BUREAU LOERA-DIAZ ONE 3rd WEDNESDAY 3:30 P.M.

CHAMBER OF COMMERCE OFFICE
VALLEJO GOLF CLUB VERDER-ALIGA ONE 2ND THURSDAY 7:00 P.M.

BLUE ROCK SPINGS BOARD ROOM

VALLEJO FIRST CORP
(formerly Vallejo Main Street
Board of Directors)

PALMARES ONE
2nd THURSDAY 5:45 P.M.
(frequency of meetings TBD)
235-237 GEORGIA STREET
(Beeman Building)
1st Floor Conference Room

CITY/SCHOOLS TASK
FORCE

LOERA-DIAZ

MATULAC TWO
COUNCIL APPOINTMENTS-2024
January 9, 2024
3 APPOINTMENTS TO CITY COUNCIL STANDING COMMITTEES

NAME OF COUNCIL

COMMITTEE MEMBERS NUMBER OF

APPOINTMENTS MEETING INFORMATION

INTER-AGENCY

COMMITTEE
MAYOR

MCCONNELL
(VFWD REP)

ARRIOLA

PALMARES
MAYOR + TWO
4TH MONDAY 6:00 P.M.

CITY MANAGER’s CONFERENCE
ROOM, 3rd Floor

CITY HALL

ISLAND ENERGY ADVISORY

COMMITTEE PALMARES MAYOR MEETINGS AS NEEDED

MARE ISLAND COMMITTEE
MAYOR

MCCONNELL

MATULAC

PALMARES

THREE MEETINGS AS NEEDED

MARINA COMMITTEE

ARRIOLA

BREGENZER

PALMARES

THREE MEETINGS AS NEEDED

PUBLIC SAFETY

COMMITTEE

BREGENZER

PALMARES TWO MEETINGS AS NEEDED

LAKES WATER SYSTEM

SUB-COMMITTEE
MAYOR

MCCONNELL

VERDER-ALIGA

TWO MEETINGS AS NEEDED
COUNCIL APPOINTMENTS-2024
January 9, 2024
4 APPOINTMENTS TO COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS

AND OTHER BODIES

NAME OF AGENCY COUNCIL

REPRESENTATIVE

NUMBER OF

APPOINTMENTS NOTES MEETING

INFORMATION

ASSOCIATION OF

BAY AREA
GOVERNMENTS –

GENERAL

ASSEMBLY
MAYOR

MCCONNELL

BREGENZER
(ALTERNATE)
ONE +

ALTERNATE

COUNCIL APPOINTS

DELEGATE AND

ALTERNATE

MEETS TWICE A

YEAR SPRING/FALL

LEAGUE OF

CALIFORNIA CITIES
– GENERAL

ASSEMBLY
MAYOR

MCCONNELL

BREGENZER
(1st Alt)

VERDER-ALIGA
(2nd Alt)
ONE + TWO

ALTERNATES

BYLAWS REQUIRE

COUNCIL APPOINTS

DELEGATE AND TWO

ALTERNATES

AS SET BY LEAGUE

LEAGUE OF

CALIFORNIA CITIES
– NORTH BAY

DIVISION

BREGENZER

VERDER-ALIGA
(ALTERNATE)
ONE +

ALTERNATE

COUNCIL APPOINTS

REPRESENTATIVE

AND ALTERNATE

QUARTERLY

MEETINGS

PLACE AND TIME
TBA

SOLANO COUNTY
MAYOR’S

COMMITTEE
MAYOR

MCCONNELL MAYOR

COMPRISED OF ALL
MAYORS – HAS BEEN

ON LIST IN PAST,

BUT PROBABLY

SHOULD BE

REMOVED
3RD WEDNESDAY
6:00 P.M.

SUISUN

SOLANO STATE

PARKS COMMITTEE PALMARES ONE

COUNCIL

APPOINTED ONE
MEMBER ON 9/10/13

TO REPRESENT CITY

OF VALLEJO

MEETINGS AS
NEEDED
SOLANO 360

IMPLEMENTATION

COMMITTEE
MAYOR

MCCONNELL

BREGENZER

VERDER-ALIGA
(alt, if needed)

TWO MEETINGS AS
NEEDED

MCE CLEAN

ENERGY BOARD

PALMARES
MATULAC (ALT) ONE + ALT.

COUNCIL APPOINTS

TO REPRESENT CITY

OF VALLEJO
3rd THURSDAY OF

THE MONTH ON A

QUARTERLY BASIS

OR AS NEEDED

TRIPARTITE

ADVISORY BOARD MATULAC ONE

ADVISORY TO

SOLANO COUNTY

JPA FOR

HOMELESSNESS
QUARTERLY - 4TH

MONDAY IN JAN,
APR, JULY,& OCT. 2-
4 P.M., FAIRFIELD

COMMUNITY
CENTER
COUNCIL APPOINTMENTS-2024
January 9, 2024
5 APPOINTMENTS TO COUNTY/REGIONAL/INTER-AGENCY/STATE COMMITTEES/BOARDS

NAME OF AGENCY COUNCIL

REPRESENTATIVE

NUMBER OF

APPOINTMENTS NOTES MEETING

INFORMATION

SOLANO COUNTY

TRANSPORTATION

AUTHORITY
MAYOR

MCCONNELL

BREGENZER
(ALTERNATE)
ONE +

ALTERNATE

BYLAWS REQUIRE

BOARD TO BE

COMPRISED OF THE

MAYOR OF THE

SEVEN CITIES, OR A

COUNCIL MEMBER

APPOINTED BY THE

MAYOR OR THE CITY

COUNCIL AS AN

ALTERNATE
2ND WEDNESDAY
6:00 P.M.

TRANSPORATATION
OFFICE
1 HARBOR CENTER,
SUITE 130, SUISUN

SOLANO COUNTY

TRANSIT
(SOLTRANS)
BOARD
MAYOR

MCCONNELL

ARRIOLA

MATULAC
(ALTERNATE)

TWO MEMBERS
+ ONE

ALTERNATE

TWO COUNCIL
MEMBERS + ONE

ALTERNATE FROM

BENICIA AND
VALLEJO + SOLANO
COUNTY MTC REP +

ONE NON-VOTING

STA REP
3RD THURSDAY
4:00 P.M.

VALLEJO CITY

COUNCIL

CHAMBERS OR

BENICIA CITY

COUNCIL

CHAMBERS

SOLANO COUNTY

WATER AGENCY
BOARD
MAYOR

MCCONNELL

LOERA-DIAZ
(ALTERNATE)
MAYOR +

ALTERNATE

MAYOR IS BOARD

MEMBER BY

STATUTE AND

COUNCIL APPOINTS

ALTERNATE
2ND THURSDAY
7:00 P.M.

SOLANO IRRIGATION

DISTRICT OFFICE
509 ELMIRA RD.,

VACAVILLE
SOLANO

ECONOMIC

DEVELOPMENT

CORPORATION

VERDER-ALIGA

LOERA-DIAZ ONE COUNCIL APPOINTS

BOARD MEMBERS
4TH THURSDAY
9:00 A.M.

BI-MONTHLY

JELLY BELLY

FACTORY
1 JELLY BELLY

LANE, FAIRFIELD

SOLANO WATER

AUTHORITY BOARD
MAYOR

MCCONNELL

LOERA-DIAZ
(ALTERNATE)
MAYOR +

ALTERNATE

COUNCIL APPOINTS

BOARD MEMBER

AND ALTERNATE

MEETS AS NEEDED

SOLANO IRRIGATION

DISTRICT OFFICE
508 ELMIRA RD,

VACAVILLE

SOLANO OPEN

SPACE (SOS)

VERDER-ALIGA

ARRIOLA
(ALTERNATE)
ONE +

ALTERNATE

COUNCIL APPOINTS

BOARD MEMBER

AND ALTERNATE
2ND MONDAY
7:00 P.M.

QUARTERLY
PLACE: TBA

VALLEJO-NAPA

SOLID WASTE

MANAGEMENT
MAYOR

MCCONNELL

ARRIOLA
(ALTERNATE)
ONE +

ALTERNATE

COUNCIL APPOINTS

BOARD MEMBER

AND ALTERNATE
1ST THURSDAY
9:00 A.M.

AMERICAN CANYON

CITY HALL
4381 BROADWAY ST,
SUITE 201

VALLEJO BUSINESS

EDUCATION

ALLIANCE

VERDER-ALIGA

LOERA-DIAZ
(ALTERNATE)
ONE +

ALTERNATE

COUNCIL APPOINTS

BOARD MEMBER

AND ALTERNATE
COUNCIL APPOINTMENTS-2024
January 9, 2024
6 NAME OF AGENCY COUNCIL

REPRESENTATIVE

NUMBER OF

APPOINTMENTS NOTES MEETING

INFORMATION
MULTI-

JURISDICTIONAL

HOMELESS TWO
BY TWO

SUBCOMMITTEE &

REGIONAL

HOMELESS

WORKGROUP

LOERA-DIAZ

VERDER-ALIGA TWO MEMBERS COUNCIL APPOINTS

TWO MEMBERS

SUBCOMMITTEE
(2x2)

MONTHLY, SUBJECT

TO CHANGE

WORKGROUP

BI-WEEKLY,
THURSDAYS, 3-4
P.M., SUBJECT TO
CHANGE

NAPA-SOLANO

AREA AGENCY ON

AGING OVERSIGHT
BOARD

ARRIOLA

VERDER-ALIGA
(ALTERNATE)

ONE MEMBER

COUNCIL

APPOINTMENTS

BOARD MEMBER

AND ALTERNATE
4TH MONDAY
10 A.M. – 12 P.M.

HELD

ALTERNATIVELY IN

NAPA COUNTY &

SOLANO COUNTY

BOARD OF

SUPERVISORS

CHAMBERS
CONSENT CALENDAR 9.D.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Oscar Alcantar, Assistant Public Works Director-Maintenance SUBJECT: ADOPT A RESOLUTION REJECTING THE BID SUBMITTED BY MVP CONSTRUCTION,

LLC FOR THE REPLACEMENT OF THE ROOF AT ZIO FRAEDOS RESTAURANT AND

DIRECTING STAFF TO REVISE THE PROJECT SCOPE OF WORK AND RE-ADVERTISE

THE PROJECT

RECOMMENDATION
Adopt a resolution rejecting the bid submitted by MVP Construction, LLC for the replacement of the roof at Zio Fraedos restaurant and directing staff to revise the project scope of work and re-advertise the project.

REASONS FOR RECOMMENDATION
Upon review of the submitted bid, staff determined that the cost far exceeds the amount budgeted for this project. By reducing the scope of work and re-advertising the project, the City should receive more competitive bids.

BACKGROUND AND DISCUSSION
The City-owned building located at 23 Harbor Way in Vallejo and occupied by Zio Fraedos restaurant is in need of a new roof. A budget of $600,000 has been allocated to project PWC112 Roof Repairs/Replacement for this work.

The project was advertised on October 26, 2023, and one bid was received on November 14, 2023, as follows:

Bid Order Contractor Total Base Bid
1 MVP Construction, LLC $906,246

The Vallejo Municipal Code provides in relevant part that "[a]fter considering the report of the City Manager, the City Council shall award the contract to the lowest responsible bidder, or reject all bids, and may advertise in its discretion.” (See Section 3.20.200.A.) In addition, a rejection of all bids is authorized by the Bid Documents. As the only bid received for the project significantly exceeds the allocated budget, staff recommends that the City Council reject the bid and direct staff to revise the scope of work of the project and re-advertise.

FISCAL IMPACT
There is no fiscal impact with the approval of this item.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301(a) because it consists of replacing the roof of an existing structure.

Date: January 9, 2024
Subject: ADOPT A RESOLUTION REJECTING THE BID SUBMITTED BY MVP

CONSTRUCTION, LLC FOR THE REPLACEMENT OF THE ROOF AT ZIO

FRAEDOS RESTAURANT AND DIRECTING STAFF TO REVISE THE PROJECT

SCOPE OF WORK AND RE-ADVERTISE THE PROJECT

Page 2 ends

ATTACHMENTS

1. Reso - Reject Bids - Reroof Zio Fraedos_CAO Stamp

CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]

RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO REJECTING THE BID SUBMITTED

BY MVP CONSTRUCTION, LLC FOR THE REPLACEMENT OF THE ROOF AT ZIO FRAEDOS

RESTAURANT AND DIRECTING STAFF TO REVISE THE PROJECT SCOPE OF WORK AND

READVERSTIZE THE PROJECT
WHEREAS, on October 26, 2023, the City advertised for bids for reroofing services for the City-owned building located at 23 Harbor Way and currently occupied by Zio Fraedos Restaurant (the “Project”); and WHEREAS, on November 14, 2023, the City publicly opened one (1) bid from MVP Construction, LLC in the amount of $906,246, which sum is Three Hundred Thousand Dollars ($300,000) higher than what was allocated for the Project; and
WHEREAS, staff has determined it is in the best interest of the City to reject the bid, revise the Project scope of work, and readvertise; and
WHEREAS, Section 3.20.200.A of the Vallejo Municipal Code authorizes the City Council in its discretion, after considering the report of the City Manager, to reject all bids and readvertise.

NOW THEREFORE BE IT RESOLVED that the bid submitted by MVP Construction, LLC is hereby rejected.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give notice of rejection and to return bid bond to the bidder.

BE IT FURTHER RESOLVED that Public Works staff is hereby directed to revise the Project scope of work and to readvertise the Project.

Adopted by the City Council of the City of Vallejo at a regular meeting held on January 9, 2024, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CONSENT CALENDAR 9.E.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Dan Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ACCEPT THE F3 MARINA TENANT IMPROVEMENT / BARRIER PROJECT (PROJECT NO. PWC111) PERFORMED BY MVP CONSTRUCTION, LLC AS COMPLETE, AND

AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE

SOLANO COUNTY RECORDER'S OFFICE

RECOMMENDATION
Accept the F3 Marina Tenant Improvement / Barrier Project (Project No. PWC111) performed by MVP Construction, LLC as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

REASONS FOR RECOMMENDATION
The City Engineer has determined that the work was completed in compliance with the city-approved plans and specifications.

BACKGROUND AND DISCUSSION
The Project is located at the Vallejo Municipal Marina, 42 Harbor Way. The scope of work included the following upgrades to Building K:
• Demolition of restroom interiors and remodeling with ADA-compliant restroom features • Installation of high security door lock mechanisms
• Paving the existing parking lot to provide ADA-compliant parking spaces • Reconstruction of the existing sidewalk to provide ADA-compliant pedestrian access • Ancillary work associated with the renovation of the spaces and site improvements

Construction began on May 8, 2023, and work was completed on October 3, 2023. Seven Contract Change Orders totaling $53,703.00 were issued to cover unforeseen work, as authorized by Vallejo Municipal Code Section 3.20.220 – Contract amendments and change orders., i.e., staff “shall have authority to issue change orders that increase the contract amount, provided that the cost of the change order does not exceed the total amount authorized for the project by resolution.”

The extra work included sheet rock replacement, dry rot repairs, painting of the exterior, miscellaneous site work, and anchorage of the toilets.

Staff recommends accepting the F3 Marina Tenant Improvement / Barrier Project (Project No. PWC111), performed by MVP Construction, LLC, of Martinez, California, as complete and authorizing the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

FISCAL IMPACT

Date: January 9, 2024
Subject: ACCEPT THE F3 MARINA TENANT IMPROVEMENT / BARRIER PROJECT (PROJECT NO. PWC111) PERFORMED BY MVP CONSTRUCTION, LLC AS COMPLETE, AND

AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE

SOLANO COUNTY RECORDER'S OFFICE

Page 2 ends

There will be no fiscal impact associated with this item. The F3 Marina Tenant Improvement / Barrier Project (Project No. PWC111) was funded through the Capital Improvement Program Funds as follows:

SOURCES BUDGET EXPENDITURES
Fund 201: Capital Outlay -
American Rescue Plan Act
(ARPA)
$516,000
Fund 201: Capital Outlay $75,565

Construction Contract ($471,565.00)
Contract Change Orders ($53,703.00)
Construction Management &
Inspection ($18,281.28)
TOTAL $591,565 ($543,549.28)

All ARPA funds allocated for this project have been expended. Any unused Fund 201 Capital Outlay funding will go towards another sub-project within the Public Building Repairs Project (Project No. PWC111).

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 "Existing Facilities," because the project consists of minor alterations of existing structures and facilities, including paving and sidewalks.

ATTACHMENTS

1. ATTACH A - LOCATION MAP - F3 MARINA PROJECT

CONTACT
Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]

LOCATION MAP
F3 MARINA TENANT IMPROVEMENT / BARRIER PROJECT
PROJECT NO. PWC111
N
O
R
T
H

PROJECT

LOCATION
BUILDING 7
BUILDING 42

BUILDING K

VALLEJO MUNICIPAL MARINA
1 HARBOR WAY

NAPA RIVER
CONSENT CALENDAR 9.F.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger
SUBJECT: ADOPT A RESOLUTION APPROVING AN EQUIPMENT PURCHASE AGREEMENT WITH DXP ENTERPRISES, INC. TO PROVIDE VARIOUS SPECIALIZED WATER TREATMENT EQUIPMENT IN AN AMOUNT NOT-TO-EXCEED $300,000 THROUGH JUNE 30, 2025

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an Equipment Purchase Agreement with DXP Enterprises, Inc. to provide various specialized water treatment equipment in an amount not to exceed $300,000 through June 30, 2025.

REASONS FOR RECOMMENDATION
The Water Department Facilities Division is replacing existing lineshaft turbine pumps due to pumps aging far beyond useful life. Replacing the pumps with direct-to-fit pumps from DXP Enterprises, Inc. is in the best interest of the City by providing this highly specialized equipment specified to the design of the water system.

DXP Enterprises, Inc. also provides numerous Water Department Facilities Division equipment and supplies that are readily available for quick turnaround procurement necessary to minimize operational downtime.

BACKGROUND AND DISCUSSION
DXP Enterprises, Inc. offers a variety of products, equipment, and Maintenance, Repair, and Operations (MRO) supplies that are like in kind to critical equipment within the City of Vallejo’s Fleming Hill, Travis Air Force Base, and Green Valley Water Treatment plants and pump stations. DXP Enterprises, Inc. has also provided efficient and quick responses to requested quotes and equipment information. DXP’s large inventory availability to the City of Vallejo is a great asset to the Water Department, in fact essential to the Department’s ability to minimize operational downtime for repair which supports efficient and reliable delivery of drinking water. The following is a brief list of available equipment that DXP offers. The equipment items listed are made by manufacturers that the Water Department already uses throughout the water system facilities, which have been designed and engineered to the Water Department’s unique water treatment operation:
• John Crane Seals
• Grundfos Pumps
• Goulds’ Pumps
• Peerless Pumps
• Finish Thompson Pumps
• ARO Air Operated Pumps
• Xylem Pumps
• Tuthill Blowers
• Griftco Back Pressure Valves
• LMI Chemical Feed Systems
• Siemens Electric Motors
• Baldor-Reliance Motors

Date: January 9, 2024
Subject: ADOPT A RESOLUTION APPROVING AN EQUIPMENT PURCHASE AGREEMENT WITH DXP ENTERPRISES, INC. TO PROVIDE VARIOUS SPECIALIZED WATER TREATMENT EQUIPMENT IN AN AMOUNT NOT-TO-EXCEED $300,000 THROUGH JUNE 30, 2025 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

Page 2 ends

• GE Electric Motors
• WEG Electric Motors
• Snyder Tanks

FISCAL IMPACT
This Agreement is for a not-to-exceed amount of $300,000 through June 30, 2024. The equipment from DXP Enterprises, Inc. is charged to the Water Enterprise Fund. There would be no fiscal impact on the General Fund associated with this project.

ATTACHMENTS

1. DXP - Resolution for Equipment Purchase Agreement -- CAO Stamp (2)

2. DXP - Equipment Purchase Agreement -- CAO Stamp

3. DXP - COI Exp 01012024

4. DXP - COI Exp 01012024 -- Professional Liability

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

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN EQUIPMENT PURCHASE AGREEMENT WITH DXP ENTERPRISES, INC. TO PROVIDE THE

CITY WITH VARIOUS SPECIALIZED WATER TREATMENT EQUIPMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City of Vallejo Water Department oversees multiple water treatment facilities to treat drinking water which require water to be filtered using various types and models of pumps; and
WHEREAS, the Fleming Hill Water Treatment Plant’s existing water pumps and surface wash pumps are aging and the existing vendor provides system-specific replacement parts and has a local supplier location to provide equipment in an expeditious timeframe which is essential to the prompt replacement of equipment to minimize operational downtime; and WHEREAS, DXP Enterprises, Inc. is the only authorized company that supplies these specific pumps to municipalities within the Vallejo region, specifically the Short Set Lineshaft Turbine Pumps equipment and it is in the best interest of the City to purchase these specific pumps; and WHEREAS, Vallejo Municipal Code section 3.20.090 paragraph 12 allows the City to forego competitive bidding in situations where the City Council finds it to be in the best interest of the City; and
WHEREAS, an equipment purchase agreement between the City of Vallejo Water Department and DXP Enterprises, Inc. is needed to enable the Water Department to continue to perform water treatment services at Vallejo’s Fleming Hill Water Treatment Plant.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Finds that making this equipment purchase without competitive bidding is in the best interests of the City pursuant to Vallejo Municipal Code section 3.20.090 (12);

2. Approves the Equipment Purchase Agreement with DXP Enterprises for various specialized water treatment equipment for a not-to-exceed amount of $300,000.00 and a contract end date of June 30, 2025, with four one-year extension options not to exceed a total contract term of five years;

3. Authorizes the City Manager of the Vallejo City Council to execute the Equipment Purchase Agreement with DXP Enterprises, Inc.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on January 9, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Equipment Purchase Agreement (Rev. 2017) 1
Approved as to form:

By: for
Veronica Nebb, City Attorney

EQUIPMENT PURCHASE AGREEMENT
This Equipment Purchase Agreement ("Agreement") is made at Vallejo, California, dated for reference this 10th day of January 2024, by and between the City of Vallejo, a municipal corporation ("City"), and DXP Enterprises, Inc., a Texas corporation, hereinafter referred to as “Vendor,“ who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City products as specified in Exhibit A, entitled “Equipment.”

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

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

4. Indemnification. Vendor 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, Vendor’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 Vendor’s operations, or any subcontractor’s operations, to be performed under this agreement for Vendor’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 Vendor, 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.

Equipment Purchase Agreement (Rev. 2017) 2

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

6. Accident Reports. Vendor 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. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the materials to be provided under this Agreement. Vendor 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 Vendor’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 Vendor shall disclose such conflict in writing to City.

8. Licences, Permits, Etc. Vendor represents and warrants to City that all Vendor materials shall be provided by a person or persons duly licensed by the State of California to provide the type of materials to be performed under this Agreement.

9. Business License. Vendor, and its subcontractors, has obtained or agrees to apply prior to performing any materials 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 Vendor until such business license(s) has been obtained.

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

Vendor 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.

Equipment Purchase Agreement (Rev. 2017) 3
Vendor’s responsibilities under this section shall not be delegated. Vendor shall be responsible to City for acts, errors, or omissions of Vendor’s subcontractors.

11. 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 Vendor is unable to meet the completion date or schedule of materials, Vendor 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.

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

13. Term. The term of this Agreement shall commence upon issuance of purchase order and shall continue in full force and effect until June 30, 2025.

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, Vendor agrees to terminate any materials supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

14. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall provide not materials except as specified in the notice. Before the date of termination, Vendor 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 Vendor for materials performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all materials 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 materials performed shall be based on an amount mutually agreed to by City and Vendor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Vendor 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.

Equipment Purchase Agreement (Rev. 2017) 4

15. Assignment and Subcontracting. Vendor 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.

16. 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.

17. Non-Discrimination/Fair Employment Practices. Vendor 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.

Vendor 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.

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

If to City: Beth Schoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor: Gary Messersmith, Legal Department
DXP Enterprises, Inc.
5301 Hollister Drive
Houston, Texas 77044
Equipment Purchase Agreement (Rev. 2017) 5
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

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

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

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

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

29. Gender. All pronouns and any variations thereof shall be deemed to refer 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. Vendor will comply with all statutes, regulations and ordinances in the performance of all materials under this Agreement.

Equipment Purchase Agreement (Rev. 2017) 6

32. News and Information Release. Vendor 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.

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

34. 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.

35. 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.

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

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

Exhibit A, entitled “Equipment,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Equipment Purchase Agreement (Rev. 2017) 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

DXP Enterprises, Inc.,
a Texas corporation
By:

Marc Sanchez
Vice President
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Beth Schoenberger
Water Department
APPROVED AS TO FORM:

For
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager
Equipment Purchase Agreement (Rev. 2017) Page 1 of 1
Exhibit A

EXHIBIT A

EQUIPMENT

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

John Palesi
Water Facilities Superintendent
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
(707) 648-4519
[email protected]
The Vendor’s Representative for this Agreement is:

Randall Olson
Senior Sales Engineer
DXP Turbo
1130 Potrero Avenue
Richmond, CA 94804
(510) 323-3132
[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 Vendor Representative and City’s Representative.

2. Equipment to be Provided. The equipment provided shall be:

XYLEM 607057 - WET PIT/Open Sump Lineshaft Turbine: OPE VIT-CATM 12WALC, 3 Stages
Motor 40 HP, 1800 RPM, TEFC
QTY: 1 ea.

XYLEM 350862-355084-1 - Short Set Lineshaft Turbine Pump, Open Lineshaft, VIT-CATM 11CLC, 3 Stages with US, 40 Hp., 3 Ph/60Hz/460 V, VSS, 1800 RPM, TEFC Motor
QTY: 1 ea.

Equipment Purchase Agreement (Rev. 2017) Page 1 of 2
Exhibit B

EXHIBIT B
Compensation

1.Vendor’s Compensation. City agrees to pay Vendor, at the rate(s) specified below, for those products set forth in Exhibit A of this Agreement, for a total not to exceed amount of Three Hundred Thousand Dollars ($300,000.00).

Description Qty Price Each
XYLEM 607057 - WET PIT/Open Sump
Lineshaft Turbine: OPE VIT-CATM
12WALC, 3 Stages
Motor 40 HP, 1800 RPM, TEFC
1 $47,587.00
XYLEM 350862-355084-1 - Short Set
Lineshaft Turbine Pump, Open
Lineshaft, VIT-CATM 11CLC, 3 Stages
with US, 40 Hp., 3 Ph/60Hz/460 V,
VSS, 1800 RPM, TEFC Motor
1 $48,801.00
Equipment
Total $96,388.00
Tax
(9.15%) $8,915.89
Freight/
Crating Included
Contingency and Additional Future
Equipment $194,696.11
TOTAL $300,000.00

2.Invoicing. Invoices must be submitted in triplicate, itemized as to quantity, part number, and description. In addition, invoices must show the name of the department, division, or section to which the material was delivered, and the City of Vallejo Purchase Order Number.

All delivery tickets must have a description of the commodity delivered. Mail invoices to the accounts payable section of the department and to the address, as noted on individual purchase orders. Delivery tickets and packing slips will contain the same information as the invoice. All pack slips and delivery tickets must include the receiving employee signature and printed name.

All prices shall be F.O.B. destination, 202 Fleming Hill Road, Vallejo, CA 94589.

Equipment Purchase Agreement (Rev. 2017) Page 2 of 2
Exhibit B

3.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the goods, whichever occurs later.

Request for payment shall be sent to:

City of Vallejo
Accounting Clerk
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
[email protected]

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

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

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

6.Taxpayer Identification Number. Vendor shall provide City with Vendor’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.

Equipment Purchase Agreement (Rev. 2017) Page 1 of 2
Exhibit C

EXHIBIT C

INSURANCE REQUIREMENTS
Vendor 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 materials hereunder by the Vendor, their agents, representatives, or employees or subcontractors.

1. Minimum Limits of Insurance. Vendor shall maintain limits no less than:

A. General Liability: $1,000,000 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.

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

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to the equipment provided pursuant to this Agreement, the Vendor'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 Vendor'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 Vendor'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.

Equipment Purchase Agreement (Rev. 2017) Page 2 of 2
Exhibit C
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

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

5. Verification of Coverage. Vendor 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.

6. Subcontractors. Vendor 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.

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/31/2023
Marsh & McLennan Agency LLC
2500 City West Boulevard, Suite 2400
Houston TX 77042
Patsy Howard
713-780-6620
212-948-6320
[email protected]
Travelers Property Casualty Co of Amer
25674
DXPEN-1
Navigators Insurance Company
42307
DXP Enterprises, Inc.
(see attached named insured list)
5301 Hollister St
Houston TX 77040
Standard Fire Insurance Company
19070
1922929224
A
X
1,000,000
X
500,000
X
Pollution
5,000
X
Contractual
1,000,000
2,000,000
X
X
TJGLSA9366B889TIL23
1/1/2023
1/1/2024
2,000,000
A
1,000,000
X
TC2JCAP9366B921TIL23
1/1/2023
1/1/2024
B
X
5,000,000
X
HO23EXC894354IV
1/1/2023
1/1/2024
5,000,000
X
0 C
C
X
N
UB0P0460732351K
UB0P0058162351R
1/1/2023
1/1/2023
1/1/2024
1/1/2024
1,000,000
1,000,000
1,000,000
The General Liability policy contains a blanket additional insured endorsement for both ongoing and completed operations, on a primary and non-contributory basis, that provides additional insured status only when there is a written contract that requires such status. The Auto Liability policy includes a blanket additional insured endorsement, on a primary and non-contributory basis, that provides additional insured status only when there is a written contract that requires such status. The General Liability, Auto Liability and Workers' Compensation/Employers Liability policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Excess Liability is follow form of underlying. Workers Compensation includes USL&H, OCSLA, Maritime and an Alternate Employer Endorsement as required by written contract. Workers Compensation policy includes Employers Liability Coverage endorsement for monopolistic states. Policies noted herein contain a blanket 30 day notice of cancellation where required by written contract.

See Attached...

City of Vallejo
Attn: Risk Manager
555 Santa Clara St.

Vallejo CA 94590

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

DXPEN-1
1 2
Marsh & McLennan Agency LLC
DXP Enterprises, Inc.
(see attached named insured list)
5301 Hollister St
Houston TX 77040
25 CERTIFICATE OF LIABILITY INSURANCE
Named Insured to read:

Alaska Pump & Supply, Inc.

Aledco, Inc.

APO Pumps & Compressors, Inc.

Application Specialties, Inc.

B27, LLC
B27 Holdings, Corp.

B27 Engineered Pumps & Systems
B27 Resources, Inc.

Bayou Pumps, Inc.

Best Equipment Service & Sales Company, LLC dba Best PumpWorks Best Holding, LLC
Burlingame Engineers, Inc.

Carter & Verplanck Inc.

Cisco Air Systems, Inc. dba Optimum Air Compressor Solutions Corporate Equipment Company, LLC
Cortech Engineering LLC
CRS Technologies, Inc.

Drydon Equipment Inc.

DXP Acquisition, Inc.

DXP Enterprises, Inc.

DXP Enterprises, Inc. dba C.W.Rod Tool
DXP Enterprises, Inc. dba D&F Distributors
DXP Enterprises, Inc. dba Delta Process Equipment
DXP Enterprises, Inc. dba DXP Electrical Group
DXP Enterprises, Inc. dba Falcon Pump & Supply
DXP Enterprises, Inc. dba Gulf Coast Torch & Regulator
DXP Enterprises, Inc. dba Indian Fire and Safety
DXP Enterprises, Inc. dba Jerzy Industries
DXP Enterprises, Inc. dba Kenneth Crosby
DXP Enterprises, Inc. dba Kenneth Crosby New York
DXP Enterprises, Inc. dba Kenneth Crosby Southern Tier
DXP Enterprises, Inc. dba Kenneth Crosby Western New York DXP Enterprises, Inc. dba Lone Wolf Rental
DXP Enterprises, Inc. dba Machine Tech Services
DXP Enterprises, Inc. dba Mid-Continent Safety
DXP Enterprises, Inc. dba M.W. Smith Equipment
DXP Enterprises, Ind. dba Practical Sales & Service
DXP Enterprises, Inc. dba Pump & Power Equipment
DXP Enterprises, Inc. dba Quadna
DXP Enterprises, Inc. dba Rocky Mountain Supply
DXP Enterprises, Inc. dba Safety Alliance
DXP Enterprises, Inc. dba Safety International
DXP Enterprises, Inc. dba SafetyMaster
DXP Enterprises, Inc. dba Sepco Industries
DXP Enterprises, Inc. dba SmartSource
DXP Enterprises, Inc. dba Southern Engine Pump
DXP Enterprises, Inc. dba Strategic Supply
DXP Enterprises, Inc. dba T.L. Walker Bearing
DXP Enterprises, Inc. dba Tool Tech Industrial Machinery and Supply DXP Enterprises, Inc. dba Tucker Tool Company
DXP Enterprises, Inc. dba York Pump & Equipment
DXP Investments, LLC
DXP Services, LLC
Force Engineered Products, Inc.

HSE Integrated Inc.

HSE Integrated, LLC
Integrated Flow Solutions, LLC
Machinery Tooling and Supply, LLC
MB Equipment Inc. dba JL Wingert Co
North Shore Pump and Equipment Company
Optimum Air Compressor Solutions
Pelican State Supply Company, Inc.

PFI, LLC dba Vertex Distribution
PMI Investments, LLC
PMI Operating Co, LTD, dba Machine Tech Services
PMI Operating Co, LTD, dba Power Machinery
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

DXPEN-1
2 2
Marsh & McLennan Agency LLC
DXP Enterprises, Inc.
(see attached named insured list)
5301 Hollister St
Houston TX 77040
25 CERTIFICATE OF LIABILITY INSURANCE
PMI Operating Co, LTD, dba Production Pump
Pumping Solutions, Inc.

Pumping Systems, Inc.

Precision Industries, Inc.

Premier Water LLC
Process Machinery Inc.

Pump-PMI, LLC
Pumpworks 610, LLC dba Best Pump Works
RA Mueller, Inc.

Sport RE, LLC
Sullivan Environmental Technologies, Inc.

Tool Supply, Inc.

Total Equipment Company
Turbo Machinery Repair, Inc.

COMM RCI L G NERAL IAB LI YE A E L I T
T IS ENDORSEMENT CHANGES T E POLICY. PLEASE REA IT CA EF LLYH H D R U .

BLANKET ADDITIONAL INSURED

A TOMA IC STA USU T T

IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS)
Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w

COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R The fol owing is ad ed tol d SE TI N II
WHO IS AN (a)C O The Addi ional Insured
Owne s, Le -t r s
INSU EDR : see or Contra tors
Scheduled Persos c n
or Organizat o endorsem n CG 20 10i n e tAny erson or o ganiza io tha :p r t n t 07 04 o CG 20 10 04 13, the Addi ionalr ta. Yo agree in a writ en cont a t o ag ee ent tou t r c r r m In ured Owne s, Le see or Con ra -s r s s t ci clu e as an a ditio al insured on thi Cov ragen d d n s e to s Com le ed Ope ations endorser p t r -Pa t anr ; d m n CG 20 37 07 04 or CG 20 37 04 13,e t b. Ha not been added a an additio al in ured fos s n s r or both o such endo seme ts wi h ei hef r n t t r the sam proje t by at a hm nt o an en orsee c t c e f d - o ho e ed tio date ; orf t s i n s m n under thi Cov rage Pa t which includee t s e r s (b) Ei her or bot o the fol o ing the Addit h f l w : -such perso or organi at on in the endorsem nt'sn z i e tio al In ured Owne s, Le sees o Con-n s r s rschedule; tra to s
Scheduled Person Or Organ -c r i
i a insured but:s n , za ion en orsem n CG 20 10, o the Ad-t d e t r a. On y with re pe t to lia ili y fo "bodily injury di ional Insured Owl s c b t r t ne s, Le see or s s r" or
Co tra tors
Com le ed Ope atio s en-n c p t r n"prope ty dam ge that o cur , or fo "perso alr a " c s r n do sem nt CG 20 37, wi hout a edit or e t n i ni ju y caused by an o f n e that is com it ed,n r " f e s m t da e o uch endo sem nt pe i ie ;t f s r e s c f dsubsequent to the signing of that contract or ag ee ent and while that pa t o the cont a t or m r f r c r the person o o gan zat on i an addit onal inr r i i s i - ag ee ent s in e fe t andr m i f c ; sure only i the in ury or dama e i ca sed,d f j g s u b. On y a de cri ed in Paragraph be i whole o in part by al s s b - n r , cts o om ssions or i f(1), (2) or (3) y u or you subcont a tor in the pe fo man eo r r c r r clow, whichev r appl e :e i s o "y u work" to whi h the writ en cont act of o r c t r r(1) If the wri ten cont act or ag ee ent speci i a -t r r m f c l ag ee ent ap lie ; or m p s rly require you to prov de addi ional insureds i t (3) If ne ther aragraphi P (1) nor (2) abov appl e :e i scov rage to tha person or organi ation bye t z the se o :u f (a) The perso or o ganizat o is a addin r i n n - tio al i sured only if a d to the ex entn n , n t(a) The Additional Insured Owners, Les-
that the injury o dama e i ca sed by, r g s usee o Cont actors (Form B) en orses r r d -
a t or omi sions o y u o y u subcon-c s s f o r o rm n G 20 10 11 85; ore t C tra to in the pe fo ma ce o "y ur workc r r r n f o "(b) Ei her or bot o the fol o ing the Addit h f l w : - to whi h the wri ten co tra t o agree-c t n c rtio al In ured Owne s, Le sees o Con-n s r s r m nt applie ; ande stra to s Scheduled Person Or Organ -c r i
(b) Su h pe son o organiza io does notc r r t nzation endorsement CG 20 10 10 01, or qual fy a an addi ional insured with rei s t -the Addit onal Insured Owne s, Le seei r s s
spe t to the independent acts or om s-c ior Co tra tors Com leted Ope ationsn c p r
sio s o uch erson or organizationn f s p .endo sem nt G 20 37 0 01;r e C 1 The insurance prov ded to such addi ional i sured isi t nthe person o o gan zat on i an addit onal inr r i i s i - subje t o he fo lowing p ov sion :c t t l r i ssure only if the inju y or dama e ari e outd r g s s o "y u work" to whi h the writ en cont act of o r c t r r a. If the Lim t o Insurance o thi Cov rage Parti s f f s e ag ee ent ap lie ;r m p s shown i the De larat on ex eed the m nim mn c i s c i u (2) If the wri ten cont act or ag ee ent speci i a -t r r m f c l l m t req ired by the wri ten co t act o agree-i i s u t n r r ly require you to prov de addi ional insureds i t m n , the i surance prov ded to the addit o al i -e t n i i n n cov rage to tha person or organi ation bye t z sure wi l be lim ted to such m nim m requi edd l i i u r the se o :u f l m t . For the purpo es o de erm ni g whethei i s s f t i n r CG 6 04 02 19D © 2017 T e Travelers Indemnity Company. All rights reh served. Pa e 1 o 2g f POLICY NUMBER: TJ-GLSA-9366B889-TIL-23

COMM RCI L G NERAL IAB LI YE A E L I T
th s lim tation ap lie , the mi im m lim ts requi ed re ult i a claimi i p s n u i r s n . To the ex ent po sible sucht s , by the written co tra t or agreem nt wi l be con- no ice should inn c e l t cl de:u si e ed to incl de the m nim m lim t o any Umd r u i u i s f - (a) How, when and where the "o cur en ec r c " brel a or Ex ess lia il ty cov rage requi ed fo thel c b i e r r or o fe se took la e;f n p c addi ional insured by that written cont a t ot r c r (b) The nam s and add e se o any inj rede r s s f uag ee ent Thi prov sion wil not increa e ther m . s i l s pe sons an witne se ; andr d s sl m t o in urance escribed in Sect oni i s f s d i III Lim ti s
(c) The nature and loca ion o any injury ot f rOf I surancen . dama e a i i g out o the "o cur en e og r s n f c r c " rb. The in uran e prov ded to such a dit onal insureds c i d i o fe se.f ndoe not apply tos :
(2) If a claim is ma e o "sui " i brought agai std r t s n(1) Any "bodi y inju y , "property dam ge ol r " a " r the ad it onal nsuredd i i :"pe sonal injury arising out o the prov d ng,r " f i i (a) Im e ia ely re ord the spe i i s o them d t c c f c for fai ure to prov de, any pro e sional archil i f s - cla m or "suit an the date re eiv d; andi " d c ete tu al, e gineer ng or surv yin se v ce ,c r n i e g r i s i clu ing:n d (b) No i y us a soon a pra ticable an seet f s s c d to i that we re eiv wri ten not ce o thet c e t i f(a) The prepari g, approv ng, or fa l ng ton i i i cla m or "suit a soon a pra ti ablei " s s c c .prepa e o approv , ma s, shop draw-r r e p i g , opin on , repo ts, surv ys, fiel o -n s i s r e d r (3) Im ed ately send us copie o a l legal pam i s f l - de s or change o de s, o the prepari g, pe s re eiv d inr r r r n r c e co ne tion wi h the claim on c t r approv n , o fai ing to prepare or ap- "sui ", coope ate wi h usi g r l t r t in the inv stigat one i prov , drawings and spe i i a ion ; and or sett em nt o the claim o dee c f c t s l e f r fense agai stn the "suit , and othe wi e com ly with all pol cy" r s p i( )b Su erv so y, in pe t on, archi ect ral op i r s c i t u r condi ion .t sengineerin a t v t e .g c i i i s
(4) Te der the de en e and indem i y o anyn f s n t f(2) Any "bodily inj ry or "property dam geu " a " cla m or "sui " to any prov der o o her insur-i t i f tcaused by "y u work a d included in theo r " n an e whi h wou d cov r such addit onal i -c c l e i n"produ ts- om leted ope ation hazard" unc c p r s - le s the wri ten con ra t or ag ee ent spe if - sure fo as t t c r m c i d r loss we cov r. Howev r, this co -e e n cal y require you to prov de such cov ragel s i e di ion does no a fe t whethe the insurancet t f c r fo that addit o al in ured during the pol cyr i n s i prov ded to such addi ional insured is prim ryi t a pe iodr . to o her i suran e av ila le to such ad it onalt n c a b d i i sured whi h cov rs that person o organizan c e r -c. The addit o al insured m st com ly with the fo -i n u p l tio a a nam d in ured a descri ed in Pa -n s e s s b rlowing utie :d s ag aphr 4., Ot er In urance o Se tionh s , f c IV
(1) G v us written no ice a soon a pra tica lei e t s s c b Co m rcial General Lia il ty ondit on .m e b i C i so a "o cur en e or an o fe se which mayf n c r c " f n Pa e 2 o 2g f © 2017 T e Travelers Indemnity Company. All rights reh served. CG 6 04 02 19D TJ-GLSA-9366B889-TIL-23

COMM RCI L AUTOE A
T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E

BLANKET ADDITIONAL INSURED

PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w

BUS NE S A TO OV RAGE F RMI S U C E O

2.PROVISIONS The fol o ing i added to Paragraphl w s B 5.. , O het r In u ances r of SE TION IV
BUSIN SS AUTC E O1. The fo lowing is added to Paragraphl A.1.c., Who COND T ONI I S :Is An Insu edr , of SE TION Il

COV REDC E
AU OS LIAB LIT CO E AGET I Y V R : Re ardle s o the prov sions o pa ag aph a. a dg s f i f r r n Thi i cludes any pe son or organization who yos n r u pa ag aphr r d. of this part 5. O her Insurance,t this are requi ed under a writ en co tra t or t n c r i suran e i prim ry to and non-contri utory witn c s a b h ag ee ent betwee yo and that perso or m n u n r appl cable othe in urance under which ani r s organi a ion, that is signed by you be o e thez t f r addi ional insured person o o ganiza io is thet r r t n "bodi y inju y or "property dam ge o curs andl r " a " c fi st nam d insured when the writ en co tra t or e t n c r that i i e fe t during the poli y period, to nams n f c c e ag ee ent be ween you and that person or m t r a an addit onal i sured fo Cov red Autos i n r e s organi ation, that is signed by you be o e thez f r Lia il ty Cov rage, but only fo dam ges to whi hb i e r a c "bo ily inj ry or "property dam ge o curs andd u " a " cth s insuran e applie and only to the ex ent oi c s t f that i in e fe t duri g the pol cy period, requi es f c n i r sthat person s or o ganiza io 's l abi i y fo the' r t n i l t r th s i surance to be prim ry an non-contri utory.i n a d bconduct o anothe "in ured".f r s CA 4 74 2 16T 0 © 2016 The T avelers Indemnit Company. All righr y ts reserved. Pa e 1 of 1g Includes copyrighted material of nsurance Services OfI f ce, Inc. with its permis ion.i sPOLICY NUMBER:

TC2J-CAP-9366B921-TIL-23
/FXABB078/FXABB097/FXABB0109/FXABB0101/FXABB032/FXABB079/FXABB0102/FXABB032/FXABB080/FXABB0101/FXABB0114/FXABB0115/FXABB0111/FXABB0110/FXABB040/FXABB0115/FXABB041/FXABB032/FXABB079/FXABB0114/FXABB032/FXABB079/FXABB0114/FXABB0103/FXABB097/FXABB0110/FXABB0105/FXABB0122/FXABB097/FXABB0116/FXABB0105/FXABB0111/FXABB0110/FXABB040/FXABB0115/FXABB041/FXABB058 /FXABBB84/FXABBB72/FXABBB73/FXABBB83/FXABBB32/FXABBB69/FXABBB78/FXABBB68/FXABBB79/FXABBB82/FXABBB83/FXABBB69/FXABBB77/FXABBB69/FXABBB78/FXABBB84/FXABBB32/FXABBB67/FXABBB72/FXABBB65/FXABBB78/FXABBB71/FXABBB69/FXABBB83/FXABBB32/FXABBB84/FXABBB72/FXABBB69/FXABBB32/FXABBB80/FXABBB79/FXABBB76/FXABBB73/FXABBB67/FXABBB89/FXABBB46/FXABBB32/FXABBB80/FXABBB76/FXABBB69/FXABBB65/FXABBB83/FXABBB69/FXABBB32/FXABBB82/FXABBB69/FXABBB65/FXABBB68/FXABBB32/FXABBB73/FXABBB84/FXABBB32/FXABBB67/FXABBB65/FXABBB82/FXABBB69/FXABBB70/FXABBB85/FXABBB76/FXABBB76/FXABBB89/FXABBB46

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
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/FXABN0111/FXABN0114/FXABN032 /FXABN0111/FXABN0114/FXABN0103/FXABN097/FXABN0110/FXABN0105/FXABN0122/FXABN097/FXABN0116/FXABN0105/FXABN0111/FXABN0110/FXABN040/FXABN0115/FXABN041/FXABN032 /FXABN0112/FXABN0114/FXABN0105/FXABN0111/FXABN0114/FXABN032 /FXABN0116/FXABN0111/FXABN032 /FXABN0108/FXABN0111/FXABN0115/FXABN0115/FXABN046/FXABN032 /FXABN084/FXABN0104/FXABN0105/FXABN0115/FXABN032 /FXABN0101/FXABN0110/FXABN0100/FXABN0111/FXABN0114/FXABN0115/FXABN0101/FXABN0109/FXABN0101/FXABN0110/FXABN0116/FXABN032 /FXABN097/FXABN0112/FXABN0112/FXABN0108/FXABN0105/FXABN0101/FXABN0115/FXABN032 /FXABN0111/FXABN0110/FXABN0108/FXABN0121/FXABN032 /FXABN0116/FXABN0111/FXABN032 /FXABN0116/FXABN0104/FXABN0101/FXABN032 /FXABN0112/FXABN0101/FXABN0114/FXABN0115/FXABN0111/FXABN0110/FXABN040/FXABN0115/FXABN041/FXABN032 /FXABN0111/FXABN0114/FXABN032 /FXABN0111/FXABN0114/FXABN0103/FXABN097/FXABN0110/FXABN0105/FXABN0122/FXABN097/FXABN0116/FXABN0105/FXABN0111/FXABN0110/FXABN040/FXABN0115/FXABN041/FXABN032/FXABN0115/FXABN0104/FXABN0111/FXABN0119/FXABN0110/FXABN032/FXABN0105/FXABN0110/FXABN032/FXABN0116/FXABN0104/FXABN0101/FXABN032/FXABN083/FXABN099/FXABN0104/FXABN0101/FXABN0100/FXABN0117/FXABN0108/FXABN0101/FXABN032/FXABN097/FXABN098/FXABN0111/FXABN0118/FXABN0101/FXABN046/FXABN032 01-06-2023
Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of:

1. "Bodily injury" or "property damage" that occurs; or

2. "Personal and advertising injury" caused by an offense committed; subsequent to the signing of that contract or agreement.

TJ-GLSA-9366B889-TIL-23

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

POLICY NUMBER: TC2J-CAP-9366B921-TIL-23
- -

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00)-
POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

SCHEDULE
DESIGNATED PERSON:

DESIGNATED ORGANIZATION:

DATE OF ISSUE: ST ASSIGN:
01 06 23
UB-0P046073-23-51-K

ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.
- -

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00)-
POLICY NUMBER:

SCHEDULE
DESIGNATED PERSON:

DESIGNATED ORGANIZATION:

DATE OF ISSUE: ST ASSIGN:
01 06 23
UB-0P005816-23-51-R

ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/27/2023
Marsh & McLennan Agency LLC
2500 City West Boulevard, Suite 2400
Houston TX 77042
Patsy Howard
713-780-6620
212-948-6320
[email protected]
Starr Surplus Lines Insurance Company
13604
DXPEN-1
DXP Enterprises, Inc.
(see remarks)
5301 Hollister St
Houston TX 77040
1176800541
A
Professional Liability
Claims-Made
SLSLPRO26235723
1/1/2023
1/1/2024
Each Claim
Aggregate
Deductible
5,000,000
5,000,000
50,000
Named insured is completed to read: DXP Enterprises, Inc., DXP Services, LLC, Indian Fire & Safety, Safety Alliance, Safety International, CRS Technologies, Inc., HSE Integrated, LLC, Mid-Continent Safety, B27, LLC and Integrated Flow Solutions, LLC.

City of Vallejo
Attn: Risk Manager
555 Santa Clara St.

Vallejo CA 94590

CONSENT CALENDAR 9.G.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Melissa L. Tigbao, Public Works Director
Mark Helmbrecht, Transportation Program Superintendent
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MAINTENANCE AND FUNDING AGREEMENT WITH THE NAPA VALLEY VINE TRAIL

COALITION

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute the Maintenance and Funding Agreement with the Napa Valley Vine Trail Coalition.

REASONS FOR RECOMMENDATION
Approving the Resolution will allow the City Manager to execute the maintenance and funding agreement with Napa Valley Vine Trail Coalition that will establish the obligation for NVVTC to contribute 50% of maintenance funding provided the City provides the remaining 50% of such funding and maintains standards set forth in the Agreement.

BACKGROUND AND DISCUSSION
The Vallejo Public Works Department has been partnering with the Solano Transportation Authority (STA), Napa Valley Vine Trail Coalition (NVVTC), Association of Bay Area Governments (ABAG) / Bay Trail, Caltrans, and others to deliver the City's Bay Trail / Vine Trail Gap Closure Project (PW9802). The project will construct approximately five miles of bike and pedestrian improvements in the north end of Vallejo. Staff have come to Council multiple times to present information about the project when seeking approval for pursuing and receiving grant funds, establishing the project in the City's CIP, and for executing cooperative agreements with STA.

When new facilities/improvements are constructed, it is appropriate and prudent to consider how said facilities/improvements are to be maintained over time. Proper maintenance is necessary to ensure longevity of the asset and safe operation of the facility. In the present case, Public Works Staff have negotiated the attached maintenance agreement with the NVVTC. The NVVTC's charter calls for the Bay Trail / Vine Trail (Vine Trail) to be a world-class facility. It has proffered standards that the Coalition would like to see for trail maintenance, and is providing funding to local governments to assist with the cost of keeping the Vine Trail well maintained. The attached agreement requires NVVTC to reimburse up to 50% of the City's annual cost of the trail maintenance in accordance with the maintenance standards articulated in Exhibit B of the Agreement, which is estimated to be $14,000 per mile per year, or up to $7,000 per year. The parties' obligations under the agreement commence when the Vine Trail project is complete and will last for 20 years, except that both parties are excused in any given fiscal year when the City Council determines not to or is unable to allocate sufficient funding.

FISCAL IMPACT
The Agreement will provide partial funding toward maintenance of the Vine Trail.

Date: January 9, 2024
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MAINTENANCE AND FUNDING AGREEMENT WITH THE NAPA VALLEY VINE

TRAIL COALITION

Page 2 ends

ENVIRONMENTAL REVIEW
Environmental analysis under the California Environmental Act (CEQA) is being conducted as part of the greater Bay Trail/Vine Trail Gap Closure Project. Once the Project is complete and the Vine Trail has been constructed, the maintenance activities funded by this agreement would be exempt from further environmental review pursuant to CEQA Guidelines section 15301(c), maintenance of existing pedestrian and bicycle trails.

ATTACHMENTS

1. Reso Vine Trail Maintenance_CAO Stamp

2. Vine Trail Funding Agreement_CAO Stamp

CONTACT
Melissa L. Tigbao, Public Works Director (707) 648-4433 [email protected]

RESOLUTION NO. 24- ______

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

CITY MANAGER TO EXECUTE A MAINTENANCE AND FUNDING AGREEMENT WITH

THE NAPA VALLEY VINE TRAIL COALITION
WHEREAS, the Bay Trail/Vine Trail Project will close existing gaps in the San Francisco Bay Trail and the Napa Valley Vine Trail within the bounds of the City by creating a continuous bicycle facility from the Vallejo Ferry Terminal to the Napa County line, using a combination of Class I, II, and IV facilities; and.

WHEREAS, on October 23, 2018, the City Council adopted Resolution No. 18-095 N.C. authorizing an application to be submitted to the Metropolitan Transportation Commission (MTC) through Solano Transportation Authority (STA) for the Allocation of FY 2018-2019 Transportation Development Act Article 3 (TDA3) funds for PW9802: Bay Trail / Vine Trail Gap Closure Project (Bay Trail / Vine Trail Project) in the amount of $200,000; and WHEREAS, the STA Board adopted Resolution No. 2018-08 which put the City's Bay Trail / Vine Trail Project on its prioritized list of projects to seek funding from the MTC and other potential funding sources; and
WHEREAS, on January 16, 2019, the City received notification from the MTC stating the City received the full allocation of TDA3 funding for the Bay Trail / Vine Trail Project; and WHEREAS, STA, working with City staff, has identified and secured many additional grants including Urban Greening funding, Bay Trail Prop 68 funding, BAAQMD TFCA funding, Vine Trail Coalition funding, the Clean California Program funding, and California Transportation Commission Active Transportation Program (ATP) funding as well as additional funding sources for engineering and construction of the Bay Trail/Vine Trail Project; and WHEREAS, the City Council has taken multiple actions to approve receipt of the various grant funds, authorization of executing the various funding agreements, and allocated City of Vallejo funding sources through the City budget process to indicate support and approval of staff pursuing and proceeding to complete the Bay Trail/Vine Trail Project; and WHEREAS, the Napa Valley Vine Trail Coalition supports specific maintenance for the Vine Trail by providing financial assistance to local jurisdictions to help cover maintenance costs for all segments of the Vine Trail.

NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized and directed to execute a maintenance and funding agreement with the Napa Valley Vine Trail Coalition, with any modifications recommended by the City Attorney, to help offset costs of the City’s maintenance for those segments of the Vine Trail within the City of Vallejo.

Adopted by the Council of the City of Vallejo at a special meeting held on January XX, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
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VINE TRAIL MAINTENANCE AND FUNDING AGREEMENT
This Vine Trail Maintenance and Funding Agreement (“Agreement”) is entered into as of January 15, 2024 (the “Effective Date") by and between the City of Vallejo, a municipal corporation “CITY”) and the Napa Valley Vine Trail Coalition, a California non- profit corporation (“NVVTC” and collectively, the “Parties”).

A. The Napa Valley Vine Trail (“Vine Trail”) is a shared-use path that, upon completion, will comprise approximately 47 miles of contiguous walking and biking trail in the Napa Valley, running from the City of Vallejo to the City of Calistoga.

B. A 4.81-mile portion of the Vine Trail is being designed and constructed on City of Vallejo and Caltrans property, including portions of existing shared-use paths (the “Vallejo Section” or “Project”), which will be constructed over time from and after the Effective Date. The approximate location of the Vallejo Section is as follows:

1. Approximately 1 mile of existing paved trail along the Embarcadero between the Vallejo Ferry Terminal and the Mare Island Causeway as depicted in “Trail Map 1,” which is attached hereto as Exhibit A-1 and incorporated herein by reference;

2. Approximately 0.73 miles of existing paved trail running along Wilson Avenue from the entrance drive to the River Park open space parking lot (opposite Hichborn Street) to the end of the existing shared-use path as depicted in “Trail Map 2,” which is attached hereto as Exhibit A-2 and incorporated herein by reference; and

3. Approximately 3.08 miles of paved trail running from the end of the existing shared-use path on Wilson Avenue to the City Limits on Broadway, north of Mini Drive, include the existing shared-use path along White Slough and a portion of Enterprise Drive, as depicted in “Trail Map 3,” which is attached hereto as Exhibit A-3 and incorporated herein by reference.

C. The Parties recognize the economic, recreational and transportation value of the Vine Trail. The Parties also recognize the importance of the quality of the maintenance of the Vine Trail for public safety, enjoyment and to reflect the “world class quality” of Napa Valley.

D. The Parties further recognize the efforts of the Solano Transportation Authority for its role in securing grant funding to support construction of the Vine Trail in Solano County, including grant funds procured through California Natural Resources Agency’s Urban Greening Grant Program, which program requires the operation and maintenance of this Project for a period of twenty years following completion of construction.

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E. The CITY or its contractor possesses the necessary maintenance equipment, tools, and other supplies and qualified employees or agents needed to perform routine cleaning and maintenance of the Vallejo Section of the Vine Trail.

F. In exchange for the CITY performing the Maintenance Activities contemplated herein along the Vallejo Section, NVVTC will pay to CITY a sum certain annually on the terms and conditions set forth below.

AGREEMENT
NOW, THEREFORE, the CITY and NVVTC agree as follows:

1.Recitals. The foregoing recitals are incorporated into this Agreement as though set forth in full herein.

2.Term. The initial term of this Agreement commences upon the completion of the construction and sanctioned opening for public use of any portion of the Vallejo Section (the “Commencement Date”) and, unless terminated earlier in accordance with Section 9, will expire at the end of the CITY’s fiscal year following the 20th anniversary of the Commencement Date. The term will automatically renew for successive one-year terms coinciding with each fiscal year thereafter (each such term, a “Renewal Term” and together with the initial term, the “Term”) on the terms and conditions set forth herein and then in effect unless either party gives the other written notice of non-renewal no less than 90 days prior to the end of the then-current Renewal Term. For purposes of this Agreement, “fiscal year” refers to the time period commencing each July 1 and ending June 30 of the succeeding year.

3.Scope of Maintenance Activities. During the Term, the CITY will be responsible for maintenance along the Vallejo Section, incorporating within the scope of such activities the newly constructed portions as and when they are opened to the public.

CITY shall not be responsible for maintaining those portions of the Vallejo Section owned by Caltrans unless and until a maintenance agreement between CITY and Caltrans, in a form acceptable to the City in its discretion, has been agreed upon and executed. The scope of maintenance that the CITY will perform or cause to be performed consists of those maintenance services described in Exhibit B (the “Maintenance Activities”) and is contingent on the appropriation of funds sufficient for such purpose by the City Council of the City of Vallejo. If in any fiscal year such funds are not appropriated or insufficient funds are appropriated, the City shall be relieved of any and all maintenance obligations required hereunder.

4.Maintenance Contribution. NVVTC has agreed to contribute funds on an annual basis to cover 50% of the City’s actual costs of maintaining the Vallejo Section of the Vine Trail, which costs are estimated, as of the Effective Date, to be $14,000 per mile.

Subject to additional contribution from sponsorships pursuant to the Adopt-a-Trail program described in Section 5 below, NVVTC will contribute the Annual Funding Amount, defined in Section 4.1 below, in the manner and as adjusted pursuant to Sections

4.1, 4.2, 4.3, and 4.4 below.
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4.1 Annual Amount. NVVTC will contribute an annual amount “per mile” up to 50% of (not to exceed $7,000 per mile) CITY’s actual direct costs, exclusive of indirect burden or other charges, incurred in performance of the Maintenance Activities (the “Annual Funding Amount”). This Annual Funding Amount will be adjusted annually pursuant to Section 4.3. In the event that the City does not appropriate funds for the City’s share of maintenance in any fiscal year, NVVTC shall not be obligated to contribute its proportionate share of the Annual Amount for that year.

4.2 Payment. The Annual Funding Amount will be paid in equal quarterly installments, in arrears. Each quarterly installment will be paid by NVVTC on or before the last day of each CITY fiscal quarter occurring during the Term and will be pro-rated as appropriate for the first and last quarters of the Term.

4.3 Adjustment. The Annual Funding Amount will be adjusted at the end of each fiscal year during the Term based on the percentage increase, if any, in the Bureau of Labor Statistics, Consumer Price Index-U for the San Francisco Bay Area for the preceding calendar year (using the CPI data as of February of the current year). The proposed adjustment for the following fiscal year shall be presented by NVVTC to CITY on or before the 1st of April of each year for its consent, which consent shall not be unreasonably withheld.

4.4 Invoicing. CITY will prepare quarterly invoices to NVVTC including a short description of the Maintenance Activities performed during that quarter and shall deliver the same to NVVTC no later than fifteen (15) days prior to the end of each quarter, for payment in accordance with Section 4.2 above. CITY’s invoice for the final quarter of each CITY fiscal year during the Term shall include a summary of actual costs incurred by CITY in performing the Maintenance Activities for the preceding year.
5 “Adopt-a-Trail”. NVVTC intends to solicit sponsorships for the maintenance of the Vine Trail through an “Adopt-a-Trail” program (the “Program”). The Program proceeds will be collected by NVVTC. NVVTC will be entitled to retain 12% of such proceeds to cover its costs of administering the Program and to fund its ongoing efforts to solicit Adopt-a-Trail donors. The balance of such proceeds that are collected and attributable to portions of the Vallejo Section that have been sponsored under the Program will be shared equally between NVVTC and the CITY to offset the maintenance costs of the Vallejo Section of the Vine Trail. Within 15 days from the end of each fiscal year during the Term, NVVTC will pay the CITY its respective share of Program proceeds collected with respect to the Vallejo Section.
6 Activities Other Than Routine Maintenance. Should repairs, replacements, or reconstruction of the Vine Trail along the Vallejo Section or any of the appurtenant structures, signage, etc. be needed during the Term, provided such activity is over and above maintenance that could reasonably be considered “routine”, the Parties agree to meet and confer to resolve such issues and shall address such work and the Parties’ 4 of 6
respective responsibilities for the cost of such work. This Agreement does not commit either party to expending additional funds.
7 Equipment. The CITY or its contractor will use its own vehicles, machinery, and equipment (collectively “Equipment”), and its own tools, cleaning supplies, and personnel for such work as necessary or desirable to perform the Maintenance Activities in accordance with the terms of this Agreement.
8 Insurance. CITY is self-insured under the State of California Government Code Section 990.4. The City will issue a Certificate of Coverage confirming self- insurance and any excess insurance programs for the following coverages:
(i) Workers’ compensation benefits and coverage in amounts no less than required by law (State Compensation Insurance Fund shall be acceptable) for qualified CITY employees operating the Equipment;
(ii) Comprehensive commercial general liability coverage in the minimum amount of $1,000,000 per occurrence and $2,000,000 general aggregate, including but not limited to coverage for bodily injury and property damage; and
(iii) Vehicle/Automobile liability insurance coverage for the Equipment in the minimum amount of $1,000,000 per occurrence and $2,000,000 general aggregate, for bodily injury and property damage.

In the event CITY hires a contractor to perform the Maintenance Activities, CITY will require the contractor to procure and maintain the above listed insurance coverages. 9 Termination. This Agreement may be terminated at any time by the parties’ mutual agreement in writing or by either party upon 60 days’ written notice from one party to the other. NVVTC shall be responsible for contributing its share of Maintenance Activities for all work performed by City or its Contractor up to the date of termination. In the event either party materially breaches the terms of this Agreement, the non-breaching party may terminate the Agreement upon 30 days’ written notice setting forth the nature of the alleged breach, unless the breach is cured within that period or reasonable efforts are commenced to cure for breaches that cannot be cured within that 30-day period, in which case the Agreement will continue in full force and effect. 10 No Waiver. No waiver by either party of a breach or violation of this Agreement or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, violation, right, or remedy; nor will the waiver of any breach, violation, right, or remedy be deemed a waiver of any other breach, violation, right, or remedy, failure, right, or remedy, whether similar or not similar, nor will any waiver constitute a continuing waiver unless specified in writing.
11 Notices. All notices required or authorized by this Agreement shall be in writing and delivered in person or by deposit in the United States mail, sent by certified 5 of 6
mail, postage prepaid, return receipt requested, at the address for the receiving party set forth below. Either party may change its address by notifying the other party of the change of address in accordance with this Section 11. Any notice sent by mail in the manner prescribed herein will be deemed to have been received on the date noted on the return receipt or three (3) days following the date of deposit, whichever is earlier.

CITY OF VALLEJO
Public Works Director,
555 Santa Clara Street
Vallejo, CA 94590
With a copy to:

City Clerk,
555 Santa Clara Street
Vallejo, CA 94590
NVVTC
Executive Director,
3299 Claremont Way #5
Napa, CA 94558
12 Indemnification & Hold Harmless. To the fullest extent permitted by law, NVVTC and the CITY will each defend, indemnify, and hold each other and their respective officers, agents, and employees harmless from any claims, suits, proceedings, losses, or liabilities, including reasonable attorneys’ fees, (collectively “Claims and Losses”) for personal injury (including death) or property damage arising out of or connected with the acts or omissions of the indemnifying party or any of its officers, agents, employees, volunteers, or other contractors or subcontractors in the performance of the indemnifying party’s obligations under this Agreement, except to the extent such Claims and Losses are caused by the breach of the indemnified party’s obligations under this Agreement or the active negligence or willful misconduct of the indemnified party or that of its employees or agents. Each party will notify the other party promptly in writing of any Claims and Losses subject to this Section 12 and the parties will cooperate with each other in the investigation and disposition of any claim arising under this Section 12; provided that nothing in this Agreement will require either party to disclose any documents, records, or communications that are protected under attorney-client privilege, litigation privilege, or the attorney work product doctrine. Parties agree to look first to recover under the insurance prescribed in Section 8 above, the proceeds of which shall be used to reduce an indemnifying party’s out-of-pocket expenses with respect to any indemnity claims made hereunder.
13 Attorneys’ Fees. In the event that either party commences legal action of any kind or character to enforce the provisions of this Agreement or obtain damages for breach thereof, the prevailing party in such action will be entitled to an award of its costs and reasonable attorneys’ fees incurred in connection with such action. 14 No Third-Party Beneficiaries. Nothing in this Agreement will be construed to create any rights in third parties and the parties do not intend to create such rights. 6 of 6
15 Authority to Contract. The CITY and NVVTC warrant that they are legally permitted to and otherwise have the authority to enter into and perform their respective obligations under this Agreement.
16 Relationship of the Parties. The relationship between the CITY and NVVTC is solely that of independent contractors, and neither of the parties shall be construed to be a partner, joint venturer, employee, agent, representative, or participant of the other party for any purpose. None of the parties shall have any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner. 17 Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in a writing signed by both Parties. 18 Interpretation; Governing Law; Venue. This Agreement will be governed by and interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to the Agreement’s purpose. Venue for any legal action filed by either party for the purpose of interpreting or enforcing any provision hereof will be in the Superior Court of California, County of Solano.
19 Severability. If any term, provision, covenant, condition, or restriction of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. 20 Invalidity. Should any provision in this Agreement be deemed invalid or unenforceable, the remainder of the Agreement will not be affected and each term and condition in this Agreement will be valid and enforceable to the extent permitted by law. 21 Entire Agreement. This Agreement contains the entire agreement among the parties relating to the rights granted and the obligations assumed hereunder. Any oral representations or modifications concerning this Agreement are of no force and effect except as documented in a subsequent modification in writing, signed by the party to be charged.
22 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties, their respective heirs, executors, successors-in-interest, and assigns. 23 No Assignment. None of the parties may assign its rights or obligations under this Agreement without the express prior written consent of the other party, which consent will not be unreasonably withheld if the prospective assignee agrees in writing to assume the assigning party’s obligations under this Agreement in full. [Signatures to follow on next page.]
Signature Page to Vine Trail Maintenance and Funding Agreement IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the Effective Date.

NAPA VALLEY VINE TRAIL COALITION, a
California non-profit corporation
By: ________________________________
Shawn Casey-White
Executive Director

CITY OF VALLEJO,
a Municipal Corporation
By: ________________________________
Michael Malone
City Manager
Approved as to form:

By: ______________________________
Veronica A. F. Nebb
City Attorney
(City Seal)
ATTEST:

By:________________________
Dawn Abrahamson
City Clerk
EXHIBIT A-1
TRAIL MAP 1

EXHIBIT A-2
TRAIL MAP 2

EXHIBIT A-3
TRAIL MAP 3
City limits

EXHIBIT B

MAINTENANCE ACTIVITIES
As funding permits, services may be performed Monday – Sunday, between the hours of 5:00am to 5:00 pm. Small, motorized utility vehicles and street/parking lot sweeping equipment are allowed. Vehicle speed is limited to 15 mph; operating must use hazard lights, must yield to trail users at all times, and must pull off trail to perform stationary work.

Use of any pesticides, herbicides, or fertilizers will be performed only by State Qualified applicators in accordance with the City of Vallejo regulations and an annual use permit as issued by the Solano County Agricultural Commissioner’s Office.

Description Frequency
•Dispose of trash, recycling, and pet waste from collection containers; supply replacement liners and/or plastic bags for litter, recycling, and pet waste collection containers. Twice weekly
•Inspect the Vine Trail and report and remedy any hazards or safety concerns. Twice Weekly
•Pick up and dispose of litter and debris on the trail Twice Weekly •Sweep, vacuum or blow trail surface and remove and dispose of accumulated leaves, sediment, or other debris and litter →Cleaning equipment must not leave an accumulation of debris on the side of the trail.

Twice Weekly
•Trim/mow grasses and weeds and prune shrubs adjacent to the Vine Trail to keep trail surface clear.
→Grass and weeds within two (2’) feet of either side of the trail or to the width of the trail easement whichever is widest, to be trimmed to three inches (3”) or shorter
→Grass Trimmings may be left in place to mulch; other trimmings shall be removed and disposed of.

Monthly or as
needed
•Water trees planted as part of the Vine Trail project adjacent to the Vine Trail. Revisit need for watering annually until established.

Twice Monthly
through November
2030
•Pressure wash rest areas and shelter(s). Clean mile markers, trail rules and interpretive signs Monthly
•Remove, clean or paint over graffiti on or within 10’ of the Vine Trail, or within the easement area whichever is wider. Graffiti removal to include trail surface, signage and amenities (excludes public art) Within 96 hours of
occurrence
•Repair and maintain irrigation equipment if installed as part of project

ACTION ITEM 10.A.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPTION OF A RESOLUTION ADOPTING A COUNCIL POLICY RELATING TO

BUDGET REQUESTS AND EXPENDITURES FOR CITY BOARDS, COMMISSIONS AND

COMMITTEES

RECOMMENDATION
Adopt a resolution adopting a Council Policy that establishes a standard set of regulations for annual budget requests and expenditures of the City of Vallejo Boards, Commissions and Committees.

REASONS FOR RECOMMENDATION
The City of Vallejo does not currently have a policy to govern the regulations for its Boards, Commissions and Committees budget and expenditure policy. The intent of this policy is to outline how budgets established for the City of Vallejo's Boards, Commissions and Committees should be utilized.

This policy is intended to add guidance related to funding and support the Vallejo Municipal Code (VMC) Chapter 2.26 outlined in the General Regulations for Boards, Commissions and Committee.

BACKGROUND AND DISCUSSION
The City of Vallejo does not currently have a policy to govern budget requests and expenditure requirements for City Boards, Commissions and Committees. To date, this process has not been uniform across all Boards, Commissions and Committees, making it difficult to include in the normal City budgeting process. Additionally, the City currently lacks a consistent expenditure policy that the Boards, Commissions and Committees can look to to determine the appropriateness of expenditures. The attached Council policy outlines the process for submitting budget requests as well as general guidelines for eligible and ineligible expenditures.

FISCAL IMPACT
This item has no current impact to the general fund.

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

ATTACHMENTS

1. Boards Commissions and Committees Budget and Expenditure Policy Reso CAO Stamp

2. Council Policy - Boards Commissions Committiees Budget and Expenditure Policy_

CONTACT

Date: January 9, 2024
Subject: ADOPTION OF A RESOLUTION ADOPTING A COUNCIL POLICY RELATING TO

BUDGET REQUESTS AND EXPENDITURES FOR CITY BOARDS, COMMISSIONS

AND COMMITTEES

Page 2 ends

Michael Malone, City Manager (707) 648-4576
[email protected]

RESOLUTION NO. 24-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ADOPTING A CITY

COUNCIL BUDGET AND EXPENDITURE POLICY TO GOVERN CITY OF VALLEJO

BOARDS, COMMISSIONS AND COMMITTEES
WHEREAS, the Charter of the City of Vallejo provides that the City Council may create by ordinance boards and commissions; and
WHEREAS, these boards and commissions may serve as advisory, policy, appellate and/or rule making; and
WHEREAS, the enabling ordinance for each board and commission is codified in the Vallejo Municipal Code, Title 2; and
WHEREAS, the procedure for establishing Board and Commission budgets has not been reduced to writing and has not been uniform from across all Boards and Commissions, thereby creating issues with budget planning; and
WHEREAS, establishing a City Council boards, commissions and committees’ budget and expenditure policy establishes a set of regulations for annual budget requests and expenditures for the City of Vallejo Boards, Commissions and Committees.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Boards, Commissions and Committees Budget and Expenditure Policy attached hereto as Exhibit A.

Adopted by the Council of the City of Vallejo at a special meeting held on January 9, 2024 with the following vote:

AYES:

NOES:

ABSENT:

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

Council Policy No. XXX

City Council Policy – Boards, Commissions, and
Committees Budget and Expenditures

1 PURPOSE
The purpose of this policy is to establish a standard set of regulations for annual budget requests and expenditures of the City of Vallejo Boards, Commissions and Committees. This policy is intended to add guidance related to funding and support the Vallejo Municipal Code (VMC) Chapter 2.26 outlined in the General Regulations for Boards, Commissions and Committee.

The purpose of the Boards, Commissions and Committees

1.1 Objectives

1. Establish a set timeline and procedure for budget requests by Boards, Commissions and Committees

2. Establish a standard set of eligible expenditures

3. Establish a standard set of ineligible expenditures

Council Policy No. XXX

City Council Policy – Boards, Commissions, and
Committees Budget and Expenditures

2 POLICY

2.1 GENERAL GUIDELINES
• All budget requests must be made during the normal budget request preparation process, through the City of Vallejo staff person assigned as the secretary to the Board, Commission or Committee or other designated staff person, no later than the first week of March each calendar year. Requests shall be considered by the Council during their normal budget process. The budget process includes the following four steps:
• Administrative preparation,
• Legislative approval,
• Financial implementation,
• Annual year-end accounting and financial reporting, which is usually performed by an independent outside auditor.

B. The City Council shall have the final authority for establishing a budget for each of its boards, commissions, and committees.

C. The City Council shall have the final authority to approve expenditures of its boards, commissions, and committees.

D. All expenditures need to be approved through established processes in the City of Vallejo Purchasing Manual, and in accordance with this Policy.

E. All contracts and associated payments will be processed and records maintained by the City of Vallejo staff person assigned as the secretary of the Board, Commission or Committee or other designated staff person.

All invoices shall be processed for payment by the City Staff person assigned to the Board, Commission or Committee and approved by their department head. 2.2 ELIGIBLE EXPENDITURES Budgets established for Boards, Commissions and Committees for the City of Vallejo shall be used to move forward the workplans of the associated groups. The below list outlines eligible expenditure activities:

A. Surveys associated with projects associated with the Board, Commission, or Committee’s workplan;
B. Marketing Materials; including, but not limited to flyers and pamphlets; C. Conference dues for professional development;
D. Travel reimbursement;
E. Publication subscriptions;
F. Outreach events and fees;
G. Name Badges or tags;

Council Policy No. XXX

City Council Policy – Boards, Commissions, and
Committees Budget and Expenditures

H. Stipends that are established through the Vallejo Municipal Code; I. For the Sister City Commission:
a. Visiting dignitary gifts not exceeding $1,500 per delegation, with a not to exceed amount of $150 average per dignitary
b. Visiting dignitary meals reimbursement for up to 2 meals per dignitary per day will be based upon the City of Vallejo’s established meal per diem rate at the time of the visit.

2.3 INELIGIBLE EXPENDITURES
Budgets established for Boards, Commissions and Committees for the City of Vallejo shall be used to move the workplans of the associated groups. The below list outlines ineligible expenditure activities:

A. Business Cards; with the exception of the Planning Commission B. Social Media Adds
C. Interns
D. Staff that reports to the Board, Commission or Committee E. Consultants that report to the Board, Commission or Committee F. Furniture or equipment

ACTION ITEM 10.B.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
SUBJECT: REVIEW AND PROVIDE DIRECTION REGARDING COUNCILMEMBER REFERRALS

RECOMMENDATION

Step 1 of the 2 Step Process
• The Mayor (or Vice Mayor in the absence of the Mayor) asks the Council to consider whether or not to refer the item to staff for evaluation and costing; and • If a majority of the Council agrees with the request, the item is referred for evaluation. Staff estimates the number of hours needed to complete the desired action, identifies if there are sufficient resources available to complete the desired request on a timely basis, assigns an estimated completion date and reports back to Council at a future regular meeting.

Step 2 of a 2 Step Process
• The Council reviews the staff evaluation report and approves or disapproves the request. • If the request is approved, it is added to the staff’s City Council Referral Log and is tracked to ensure it is returned to the City Council in a timely manner.

REASONS FOR RECOMMENDATION
Members of the City Council presented a number of potential work projects in 2023. Staff is requesting Council prioritize all of the open requests from 2023 while balancing the FY 2023-24 adopted established goals that

Date: January 9, 2024
Subject: REVIEW AND PROVIDE DIRECTION REGARDING COUNCILMEMBER REFERRALS

Page 2 ends

are of higher priority for staff.

BACKGROUND AND DISCUSSION
Members of the City Council have presented a number of potential work projects (Council referrals) during 2023. The open referrals are outlined in more detail in Attachment 1. Out of the open referrals from 2023:
• 20 have not completed Step 1 and 2 of the current process • 5 have completed Step 1 but not yet Step 2
• 5 have completed both steps and staff continues to work on these projects which will be brought back to the Council at a future date.

At the December 19 regular Council meeting, 3 new referrals were requested and a discussion with Council and staff ensued as to when these requests could return to Council for Step 1. Due to the volume of referrals, the Mayor requested the open referrals and the status of each return to Council to prioritize at their first regular meeting in January, which is January 9.

In prioritizing the number of open referrals, the Council is encouraged to take into consideration its FY 2023-24 adopted and established goals (Attachment 2) which are currently of higher priority for staff. As discussed at the Council's goal-setting session in 2023, the capacity for staff to work on the established goals and any new work projects that are not taken up by mandatory duties is below 10% of staff time. Given the limited capacity to work on the established goals and referrals, it's imperative the Council provide clear direction as to where the City's limited resources should be dedicated.

Once the list of open referrals has been prioritized by Council, they will be sent to the City Manager's Office for evaluation in keeping with the City Council's procedures. Once the evaluation is completed for potential work projects, they will be returned to the Council for a final decision whether they will be included as part of the City's work plan.

To assist members of the Council with submission of and tracking of future referrals, the City Manager is also providing the Council with a Submittal and Tracking Form.

FISCAL IMPACT
There is no fiscal impact associated with affirming the procedure and prioritizing referral requests

ATTACHMENTS

1. 2023 List of Council Referral Requests Open

2. 23-165 City Council FY 2023-2024 Multiyear Goals and Priorities

3. CITY COUNCIL REFERRAL FORM

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

2023 List of Council Referral Requests
Open Referral Requests – (have not completed 1 & 2 Step Process) 12 current requests (*1 has multiple requests that total 9) Requester Date Requested Step 1 – on
Agenda
Step 2 – on
Agenda
Notes
Verder-
Aliga April 11, 2023
Short-term Rentals/Airbnb’s
Discuss policy implications
with Council first
Mayor &
Arriola May 12, 2023
Pursue creation of Vallejo Vocational Arts
School
Loera-Diaz
June 13, 2023
Agendize Marina condition issues and
invite Congressional Reps and staff to be a
part of the discussion
Bregenzer
June 20, 2023
Creation of an Unhoused Commission
*Palmares
July 11, 2023
Analysis and subsequent presentation or
report for the following ordinances
•Rent Control
•Just Cause Evictions
•Condo/Apartment Conversion
ordinance that would include
rights to refusal or the right to buy
or receive relocation
compensation
•Residential Vacancy Tax
•Anti speculation tax against house
flipping
•New security deposit limits
•Ban or limited concentration on
new payday lenders
•Ban or limited concentration of
new liquor stores
•Ban on cash for gold and silver
Council to prioritize requested
items
Requester Date Requested Step 1- on
Agenda
Step 2 – on Notes
Palmares July 25, 2023
Discus review of reduction of live aboard
fees at the Vallejo Marina
Arriola September 26, 2023
Request on behalf of SAB to amend
ordinance to change frequency of regular
meetings beyond bi-monthly
Bregenzer October 24, 2023
Discussion on building permit fees for
low-income housing
Loera-Diaz October 24, 2023
Schedule Study Session on funding “how
to help” for non-profits and CM to
provide report mentioned at 10/24
council mtg.

Bregenzer December 19, 2023
Consider supplementing VPD with
Security Services
Bregenzer December 19, 2023
Consider placing moratorium on Mill Act
requests until consistent program is in
place
Loera-Diaz December 19, 2023
Discuss rebranding of the VPD and
change name to Vallejo Police Services
Department
COMPLETED STEP 1 – Need to Complete Step 2
4 current requests (* has 2 requests)
Requester Date Requested Step 1 – on
Agenda
Step 2 –
on
Agenda
Notes
*Mayor January 2023
Create council ad-hoc committee: 1) for
purposes of reviewing City Charter and
2) Revise VMC Chapter 2.02 related to
Council Meetings/Rules/Meeting
Procedures.

March 14 Mayor agreed to separate the 2
requests.

Councilmember Bregenzer
requested rule to adjourn
meetings at 10 pm and items
not covered move to next
meeting agenda (requested at
10/10/23 mtg)
Loera-Diaz May 23, 2023
Request CDOJ continue partnership in
ongoing collaborative reform efforts
relating to VPD beyond expiration date
of current agreement
June 27
Bregenzer May 23, 2023
Establish 2-person council ad-hoc
subcommittee on collaborative reform
efforts related to VPD
June 27
Loera-Diaz September 2023
Building Permit Fee Waivers to protect
businesses from theft and process for
business retention grant
applications/awarding grants
November 28
Step 1 and 2 Completed Referral Request Process – Continued Work by Staff. To be Brought Back to Council •Tobacco Licensing Ordinance (Bregenzer request)
•Cease Fire Neutral Proclamation (Mayor request)
•Herbert House – Provide Council with lot diagrams and obtain further direction on sale (Bregenzer request) •Information on Acquisition and Implementation of Red Light Enforcement Cameras/Other Technology for VPD (Bregenzer request)
•Options for Locating Safer RV/Vehicle Locations and Potentially Services in Partnership with Local Nonprofits (Loera-Diaz request)
RESOLUTION NO. 23-165 N.C.

ADOPTION OF COUNCIL’S FISCAL YEAR 2023-2024 AND MULTIYEAR

COMMUNITY GOALS AND PRIORITIES

WHEREAS, on April 14, 2023 the Vallejo City Council participated in a goal setting workshop with the City’s executive staff and the public; and

WHEREAS, during this session the Council, among other things, identified goals and priorities for the City for fiscal year 2023-2024 and beyond; and

WHEREAS, on September 19, 2023, at a Special Council Meeting, Council provided additional information and clarification on their multiyear goals; and

WHEREAS, there is great value for the organization in having clear direction from the Council through the adoption of goals and priority area; and

WHEREAS, establishing and adopting policy goals helps employees connect their work to the vision of the Council; and

NOW, THEREFORE BE IT RESOLVED that the Vallejo City Council does hereby approve the Fiscal Year 2023-2024 Community Goals and Priorities for the City as set forth in Exhibit A, attached hereto; and

BE IT FURTHER RESOLVED the City Manager or his designee is authorized, on behalf of the Council, to take steps which may be necessary to move these priorities forward in a timely manner and in relationship with other organizational demands and priorities.

Adopted by the City Council of the City of Vallejo at a regular meeting held on Septe mber 26, 2023, with the following vote:

AYES: Mayor McConnell, Vice Mayor Verder -Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, and Palmares
NOES: None
ABSENT: Councilmember Matulac
ABSTAIN: None

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

DocuSign Envelope ID: 678A0FE3-A691-4326-A0CB-0EAB396DA954

EXHIBIT A
Vallejo City Council Fiscal Year 2023-2024 and Multiyear Goals and Priorities Priority Area Goal Direction
Public Safety Goal: Vallejo is a safe environment
for living, working, and playing

Critical focus: Rebuilding the police
department and public trust in the
police
 Street calming safety
 Fully staff police, fire & city staff
Efficient, Effective and
Responsive Government
Goal: Vallejo has the capacity and
resources to effectively implement
Community and Council goals in a
way that is sustainable over the long
term

Critical focus: Communication &
Outreach and Organizational
Principles
 Quarterly city strategic planning
for large issues too big to discuss
at Council meetings
 Improve communication of the
status of properties, development
and businesses
 Community input, increase
community
attendance/participation
Economic Development
Strategy
Goal: Vallejo has a supportive
infrastructure for retaining and
attracting businesses and a stable
local economy to the benefit of all
 Adopt ordinance restricting
commercial vacancies with
increasing costs for failure to
comply over time
 Ordinance for short-term rentals /
Air B&B
 Retain and attract businesses in
neighborhood commercial areas
Housing/Unhoused Goal: Vallejo has adequate housing
and resources for all

Critical Focus: Addressing
homelessness
 Develop safe camping area for
unhoused people, cars, RVs &
tents
 Access grant funding: explore
shared housing models and tiny
homes concept
 Cooperation with County
programs
Youth Development Goal: Vallejo is a City where young
people thrive
 Partner with regional success
programs
 City will assist with identifying and
partnering to create accessible
and sustainable resources and
programs for mental health, social
emotional learning, and academic
achievement
 Collaborate & support efforts to
provide arts, trade & vocational
schools
DocuSign Envelope ID: 678A0FE3-A691-4326-A0CB-0EAB396DA954

CITY COUNCIL REFERRAL SUBMISSION AND TRACKING FORM
(to be completed by Councilmember)
Date:(insert date of Council meeting)
From:(insert name of councilmember)
Subject:(insert title of work project to be referred for evaluation and a report) Recommendation:

Refer the following work project to the City Manager for an evaluation and a report from the City Manager on the availability of staff resources, the time necessary to complete the assignment, any cost associated with completing the work project, and any other issues that may need to be considered before the City Council considers taking action on whether or not to direct the City Manager to include this work project in the City’s Work Plan.
(briefly describe the work project and expected outcome) (to be completed by City Clerk)
Council Referral No.: ______________
Date referred to City Manager: _______________________
Assigned to: ______________________________________________________ Date to return to Council: ____________________________________________ Date of Report to City Council: _________________________________________ Approved: □Not Approved: □
INFORMATIONAL ITEM 11.A.

DATE: January 9, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: RECEIVE AN UPDATE ON THE PUBLIC SAFETY STAFFING EMERGENCY

RECOMMENDATION
Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.

REASONS FOR RECOMMENDATION

BACKGROUND AND DISCUSSION

FISCAL IMPACT

ENVIRONMENTAL REVIEW

ATTACHMENTS
None

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

Vallejo City CouncilJanuary 9, 2024

Vallejo City Council
January 9, 2024