Cities Index.
Agenda packet

Vallejo City Council
February 13, 2024

Document
Agenda packet
Meeting
February 13, 2024
Body
Vallejo City Council
Pages
98
Original file
31.2 MB
Text extracted from the city's file for reading and search. Open the original on vallejoca.api.civicclerk.com. That file is the official record.

As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.

18."Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.

19."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.

20."Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.

21."Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.

22."Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
work"; and
(2) The providing of or failure to provide
warnings or instructions.

POLICY NUMBER:
© Insurance Services Office, Inc., 2012
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability arising out of the
ownership, maintenance or use of that part of the
premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

This insurance does not apply to:

Any "occurrence" which takes place after you
cease to be a tenant in that premises.

Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

However:

The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

With respect to the insurance afforded to these
additional insureds, the following is added to
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

Required by the contract or agreement; or
Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

PHPK2618523
1000 Azuar Ave
Vallejo, CA 94592-1011
Included
Southern Land Company
1 1
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED – DESIGNATEDPERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

PHPK2618523
The Center, The State of California,
Sierra Health Foundation, and their
respective officers, directors, agents,
1 3
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED – DESIGNATEDPERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

PHPK2618523
The City of Vallejo, its officers,
officals, agents, employees, and
volunteers
2 3
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED – DESIGNATEDPERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

PHPK2618523
The County of Solano
its Officers, Agents and Employees
3 3
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 01 11 85 Copyright, Insurance Services Office, Inc., 1984Page1 of 1  EXCLUSION – ATHLETIC OR SPORTS PARTICIPANTS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Description of Operations:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to any operations shown in the Schedule, this insurance does not apply to "bodily injury" to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor.

PHPK2618523
Any and All athletic participants

COMMERCIAL GENERAL LIABILITY
CG 21 32 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:

2. Exclusions
This insurance does not apply to:

Communicable Disease
"Bodily injury" or "property damage" arising out
of the actual or alleged transmission of a com-
municable disease.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis-
ease; or
d. Failure to report the disease to authorities.

B.The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Communicable Disease
"Personal and advertising injury" arising out of
the actual or alleged transmission of a commu-
nicable disease.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the dis-
ease; or
d. Failure to report the disease to authorities.

COMMERCIAL GENERAL LIABILITY
CG 21 47 12 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1

EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.The following exclusion is added to Paragraph 2.,
Exclusionsof Section I – Coverage A – Bodily
Injury And Property Damage Liability:

This insurance does not apply to:
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis-
crimination or malicious prosecution di-
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury"
to that person at whom any of the employment-
related practices described in Paragraphs (a),
(b), or (c) above is directed.

This exclusion applies:
(1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.

B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:

This insurance does not apply to:
"Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment;
or
(c) Employment-related practices, policies,
acts or omissions, such as coercion, demo-
tion, evaluation, reassignment, discipline,
defamation, harassment, humiliation, dis-
crimination or malicious prosecution di-
rected at that person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal and
advertising injury" to that person at whom any
of the employment-related practices described
in Paragraphs (a), (b), or (c) above is directed.

This exclusion applies:
(1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after em-
ployment of that person;
(2) Whether the insured may be liable as an em-
ployer or in any other capacity; and
(3) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.

COMMERCIAL GENERAL LIABILITY
CG 21 67 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1

FUNGI OR BACTERIA EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability:

2. Exclusions
This insurance does not apply to:

Fungi Or Bacteria
a. "Bodily injury" or "property damage" which
would not have occurred, in whole or in
part, but for the actual, alleged or threat-
ened inhalation of, ingestion of, contact
with, exposure to, existence of, or presence
of, any "fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed con-
currently or in any sequence to such injury
or damage.
b. Any loss, cost or expenses arising out of
the abating, testing for, monitoring, cleaning
up, removing, containing, treating, detoxify-
ing, neutralizing, remediating or disposing
of, or in any way responding to, or assess-
ing the effects of, "fungi" or bacteria, by any
insured or by any other person or entity.

This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily consump-
tion.

B.The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage B – Per-
sonal And Advertising Injury Liability:

2. Exclusions
This insurance does not apply to:

Fungi Or Bacteria
a. "Personal and advertising injury" which
would not have taken place, in whole or in
part, but for the actual, alleged or threat-
ened inhalation of, ingestion of, contact
with, exposure to, existence of, or presence
of any "fungi" or bacteria on or within a
building or structure, including its contents,
regardless of whether any other cause,
event, material or product contributed con-
currently or in any sequence to such injury.
b. Any loss, cost or expense arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying,
neutralizing, remediating or disposing of, or
in any way responding to, or assessing the
effects of, "fungi" or bacteria, by any in-
sured or by any other person or entity.

C.The following definition is added to the Definitions
Section:
"Fungi" means any type or form of fungus, includ-
ing mold or mildew and any mycotoxins, spores,
scents or byproducts produced or released by
fungi.

COMMERCIAL GENERAL LIABILITY
CG 21 70 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY
A.If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk
Insurance Act exceed $100 billion in a calendar
year and we have met our insurer deductible
under the Terrorism Risk Insurance Act, we shall
not be liable for the payment of any portion of the
amount of such losses that exceeds $100 billion,
and in such case insured losses up to that amount
are subject to pro rata allocation in accordance
with procedures established by the Secretary of
the Treasury.
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for
a "certified act of terrorism" include the following:

1. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and

2. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.

B. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for injury or damage that is otherwise
excluded under this Coverage Part.

COMMERCIAL GENERAL LIABILITY
CG 24 02 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 02 12 04 © ISO Properties, Inc., 2003 Page 1 of 1

BINDING ARBITRATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY
If we and the insured do not agree whether coverage
is provided under this Coverage Part for a claim made
against the insured, then either party may make a
written demand for arbitration.

When this demand is made, each party will select an
arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that
selection be made by a judge of a court having juris-
diction. Each party will:

1. Pay the expenses it incurs; and

2. Bear the expenses of the third arbitrator
equally.

Unless both parties agree otherwise, arbitration will
take place in the county or parish in which the ad-
dress shown in the Declarations is located. Local
rules of law as to procedure and evidence will apply.

A decision agreed to by two of the arbitrators will be
binding.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

PHPK2618523
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

PHPK2618523
The Trustees of The California State University, California State UniversityMaritime Academy and their employees, officers, directors, volunteers and agents(collectively "University")

COMMERCIAL GENERAL LIABILITY
CG 32 34 01 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1

CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY
The term "spouse" is replaced by the following:

Spouse or registered domestic partner under Califor-
nia law.

Philadelphia Indemnity Insurance Company
PI-GL-001 (09/17)

Page 1 of 2 ends

©2017 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

PI-GL-001 (09/17)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - LEAD LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages):

This insurance does not apply to:

1. “Bodily injury,” “property damage,” or “personal and advertising injury” arising out of or caused by the actual or alleged:
a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead;
b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead, or any other material or substance containing lead;
Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever.

2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of “bodily injury,” “property damage” or “personal and advertising injury” caused by lead, paint containing lead, or any other substance or material containing lead.

3. Any loss, cost, expense or damages, whether direct or consequential, arising out of any:
(a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or (b) Claim or suit related to, testing for, monitoring, cleaning up, removing, abating, containing, treating Philadelphia Indemnity Insurance Company
PI-GL-001 (09/17)

Page 2 of 2 ends

©2017 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission. or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead.

PI-GL-002 CA (02/08)

Page 1 of 1 ends

Includes copyright material of the Insurance Services Office, Inc. used with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ASBESTOS LIABILITY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I – COVERAGES) and Paragraph 2., Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SECTION I – COVERAGES):

This insurance does not apply to:
“Bodily injury,” “property damage,” and “personal and advertising injury” arising out of:

1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos;

2. The use of asbestos in constructing or manufacturing any good, product or structure;

3. The removal of asbestos from any good, product or structure; or

4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos.

The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or “suit,” injury or damage or any cost, fine or penalty or for any expense or claim or “suit” related to any of the above.

PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date:

Name of Person or Organization (Additional Insured):

SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.

All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.

The County of Solano,
its Officers, Agents and Employees
01/13/2021
1 2
PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date:

Name of Person or Organization (Additional Insured):

SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.

All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.

The State of California the Trustees of The California State University, California State University Maritime Academy and their employees, officers, directors, volunteers and agents (collectively "University") are to be covered as additional insureds. 05/15/2022
2 2
PI-GL-042 (04/22)
PI-GL-042 (04/22)

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TOTAL EXCLUSION – PERFLUORINATED COMPOUNDS (PFC) /

PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions:

This insurance does not apply to:

Perfluorinated Compounds (PFC) or Per- and Polyfluoroalkyl Substances (PFAS)

1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of, in any way related to, or which would not have occurred in whole or in part, but for the actual, alleged, threatened or suspected:
a. Inhalation of, ingestion of, contact with, exposure to, existence of, absorption of, or presence of , any and all “PFC/PFAS”;
b. Design, manufacture, storage, processing, packaging, handling, testing, distribution, sale, or disposal of “PFC/PFAS”;
c. Discharge, dispersal, seepage, migration, release, flaking, leakage, leaching, friability, release or escape of “PFC/PFAS”;
d. Providing or failing to provide warnings or instructions with respect to “PFC/PFAS”; or e. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “PFC/PFAS”;
regardless of whether any other cause, event, material substances, compounds, goods, products or “your products”, contributed concurrently or in any sequence to such injury or damage.

2. Any loss, cost, or expense arising out of or related to any:
a. Request, demand, order or statutory, regulatory or legal requirement of any kind that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess or remediate the effects of “PFC/PFAS”; or b. Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of “PFC/PFAS”.

3. Any other injury or damage, liability, loss, cost or expense arising out of or in any way related to “PFC/PFAS” including, but not limited to, any fines, penalties, punitive or exemplary damages.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if:

PI-GL-042 (04/22)
PI-GL-042 (04/22)

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Includes copyrighted material of Insurance Services Office, Inc., with permission. a. The “occurrence” which caused the “bodily injury” or “property damage”;

b. The offense which caused the “personal and advertising injury”; or c. Any injury or damage, liability, loss, cost or expense whatsoever; involved that which is described in paragraphs A.1.through A.3.above.

B. The following definition is added to the DEFINITIONSsection:

1. “PFC/PFAS” means perfluorinated compounds (PFC) or per- and polyfluoroalkyl substances (PFAS), including but not limited to:

a. Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), perfluorobutyric acid (PFBA), perfluorobutane sulfonic acid (PFBS), perfluoropentanoic acid (PFPeA), perfluorohexane sulfonic acid (PFHxS), GenX , C8 (perfluorinated carboxylic acid), ADONA, perfluorohexanoic acid (PFHxA),perfluoroheptanoic acid (PFHpA), perfluorooctane sulfonamide (PFSOA), perfluorodecanoic acid, (PFDA), perfluorodecane sulfonate (PFDS), perfluoroundecanoic acid (PFUnA), perfluorododecanoic acid (PFDoA), perfluorotridecanoic acid (PFTrDA), perfluorotetradecanoic acid (PFTeDA), or 6:2 fluorotelomer sulfonate (6:2 FTS) or any associated salts, acides, alcohols, precursor chemicals, or related higher homologue chemicals;
b. Any fluorinated polymers, including but not limited to fluoropolymers, perfluoropolyethers, and side-chain-fluorinated polymers;
c. Any and all biosolid, replacement PFAS substance, material or product; or d. Any substance, material or compound that is identified or acknowledged by any federal, state, international or other governmental agency or authority, including but not limited to the United States Environmental Protection Agency (EPA), the Centers for Disease Control and Prevention (CDC), the Agency for Toxic Substances and Disease Registry (ATSDR), the National Institutes for Health (NIH), and the International Agency for Research on Cancer (IARC):

1. As or to contain a per- and polyfluoroalkyl substance; or

2. To exhibit or demonstrate the same or similar harmful properties as a per- and polyfluoroalkyl substance

The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not exclude coverage for PFC-related or PFAS-related damages, expense, loss, demand, claim, liability or legal obligation.

All other terms and conditions of the policy remain unchanged.

PI-GLD-HS (10/11)

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

HUMAN SERVICES

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments Bail Bonds $5,000 5
Supplementary Payment Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement Janitorial Services Client Coverage $10,000 limit 6 Additional Insured Newly Acquired Time Period Amended 6 Additional Insured Medical Directors and Administrators Included 7 Additional Insured Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured Broadened Named Insured Included 7 Additional Insured Funding Source Included 7
Additional Insured Home Care Providers Included 7
Additional Insured Managers, Landlords, or Lessors of Premises Included 7 Additional Insured Lessor of Leased Equipment Included 7 Additional Insured Grantor of Permits Included 8
Additional Insured Vendor Included 8
Additional Insured Franchisor Included 9
Additional Insured When Required by Contract Included 9 Additional Insured Owners, Lessees, or Contractors Included 9 Additional Insured State or Political Subdivisions Included 10 PI-GLD-HS (10/11)

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Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury includes Mental Anguish Included 11
Personal and Advertising Injury includes Abuse of Process, Discrimination
Included 11

A. Extended Property Damage

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:

a. Expected or Intended Injury

This exclusion does not apply t
reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability

SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:

(3)
named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements.
liability insurance of the client.

C. Non-Owned Watercraft

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:

(2) A watercraft you do not own that is:

(a) Less than 58 feet long; and

(b) Not being used to carry persons or property for a charge;

This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy

SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE PI-GLD-HS (10/11)

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LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:

(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury

your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.

E. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the w

a. The last paragraph of SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III LIMITS OF INSURANCE.

b. SECTION III LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:

Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner.

c. SECTION V DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:

A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";

2. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance , Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following:

That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;

3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:

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a. $1,000,000; or

b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.

F. HIPAA

SECTION I COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:

1. Paragraph 1. Insuring Agreement is amended to include the following:

We will pay those sums that the insured becomes legally obligated to pay as damages because ity and Accountability Act (HIPAA). We have

2. Paragraph 2. Exclusions is amended to include the following additional exclusions:

This insurance does not apply to:

a. Intentional, Willful, or Deliberate Violations

b. Criminal Acts

riminal penalties under the HIPAA.

c. Other Remedies

Any remedy other than monetary damages for penalties assessed.

d. Compliance Reviews or Audits

Any compliance reviews by the Department of Health and Human Services.

3. SECTION V DEFINITIONS is amended to include the following additional definitions:

a.

b.

c. regulations included in the
HIPAA.

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G. Medical Payments Limit Increased to $20,000, Extended Reporting Period

If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:

a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.

2. SECTION I COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:

(b) The expenses are incurred and reported to us within three years of the date of the accident.

H. Athletic Activities

SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:

e. Athletic Activities

To a person injured while taking part in athletics.

I. Supplementary Payments

SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:

1. b. is deleted in its entirety and replaced by the following:

1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.

1.d. is deleted in its entirety and replaced by the following:

1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.

J. Employee Indemnification Defense Coverage

SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B the following is added:

We will pay
occurring in the course of employment.

proceeding is $25,000 regardl
.

PI-GLD-HS (10/11)

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K. Key and Lock Replacement Janitorial Services Client Coverage

SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to include the following:

W
, up to a $10,000 limit per occurrence and $10,000
policy aggregate.

We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that

authorized representatives or any one to
purpose commit, whether acting alone or in collusion with other persons.

The following, when used on this coverage, are defined as follows:

a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services.

b. "Employee" means:

(1) Any natural person:

(a) While in your service or for 30 days after termination of service;

(b) Who you compensate directly by salary, wages or commissions; and

(c) Who you have the right to direct and control while performing services for you; or

(2) Any natural person who is furnished temporarily to you:

(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or

(b) To meet seasonal or short-term workload conditions;

while that person is subject to your direction and control and performing services for you.

(3) "Employee" does not mean:

(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or

(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."

c. "Manager" means a person serving in a directorial capacity for a limited liability company.

L. Additional Insureds

SECTION II WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this PI-GLD-HS (10/11)

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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:

a. Coverage under this provision is afforded until the end of the policy period.

2. Each of the following is also an insured:

a. Medical Directors and Administrators Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.

b. Managers and Supervisors Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and -
employment by you or performing duties
related to the conduct of your business.

This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.

c. Broadened Named Insured Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.

d. Funding Source Any person or organization with respect to their liability arising out of:

(1) Their financial control of you; or

(2) Premises they own, maintain or control while you lease or occupy these premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.

e. Home Care Providers At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.

f. Managers, Landlords, or Lessors of Premises Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:

This insurance does not apply to:

(1) e a tenant in that premises; or

(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.

g. Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or PI-GLD-HS (10/11)

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or
aused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A
when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not

h. Grantors of Permits Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:

(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:

(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;

(b) The construction, erection, or removal of elevators; or

(c) The ownership, maintenance, or use of any elevators covered by this insurance.

i. Vendors
which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:

(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;

(b) Any express warranty unauthorized by you;

(c) Any physical or chemical change in the product made intentionally by the vendor;

(d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;

(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;

(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;

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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or

(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:

(i) The exceptions contained in Sub-paragraphs (d) or (f); or

(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.

j. Franchisor Any person or organization with respect to their liability as the grantor of a franchise to you.

k. As Required by Contract Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations

l. Owners, Lessees or Contractors Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:

(1) Your acts or omissions; or

(2) The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured when required by a contract.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

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m. State or Political Subdivisions Any state or political subdivision as required, subject to the following provisions:

(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.

(2) This insurance does not apply to:

(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or

(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."

M. Duties in the Event of Occurrence, Claim or Suit

SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:

a. is amended to include:

This condition

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

b. is amended to include:

This condition
is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards

SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:

It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

O. Transfer of Rights of Recovery Against Others To Us

SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of PI-GLD-HS (10/11)

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Recovery Against Others To Us is deleted in its entirety and replaced by the following:

If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

Therefore, the i ecovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.

P. Liberalization

SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:

If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

Q. Bodily Injury Mental Anguish

SECTION V DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:

njury means:

a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and

b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.

R. Personal and Advertising Injury Abuse of Process, Discrimination

If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of amended as follows:

1. SECTION V DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:

b. Malicious prosecution or abuse of process;

2. SECTION V DEFINITIONS, Paragraph 14. is amended by adding the following:

Discrimination based on race, color, religion, sex, age or national origin, except when:

a. Done intentionally by or at the direction of, or with the knowledge or consent of:

(1) Any insured; or

(2) Any executive officer, director, stockholder, partner or member of the insured;

b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or

d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.

The above does not apply to fines or penalties imposed because of discrimination.

PI-HS-005 (07/04)

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION

PROFESSIONAL LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages):

This insurance does not apply to:
“Bodily injury”, “property damage” or “personal and advertising injury” arising out of:

1. The rendering or failure to render:
a. Medical, surgical, dental, x-ray or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages;
b. Any health or therapeutic service, treatment, advice or instruction; or c. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming.

2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances;

3. The handling or treatment of dead bodies, including autopsies, organ donation or other procedures, or

4. A “professional incident” as defined herein.
“Professional incident” means any actual or alleged negligent:
a) act;
b) error; or
c) omission
in the actual rendering of professional services to others, including counseling services, in your capacity as a human services organization. Professional services include the furnishing of food, beverages, medications or appliances in connection therewith.

Philadelphia Indemnity Insurance Company
PI-SAM-006 (01/17)
PI-SAM-006 (01/17)

Page 1 of 1 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ABUSE OR MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2. Exclusionsof SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITYand Paragraph 2. Exclusionsof SECTION I – COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:

This insurance does not apply to any injury sustained by any person arising out of or resulting from the alleged, actual or threatened abuse or molestation by anyone.

We shall not have any duty to defend any “suit” against any insured seeking damages on account of any such injury.

This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to:

1. Hiring, placement, employment, training;

2. Investigation;

3. Supervision;

4. Reporting any molestation or abuse to the proper authorities, or failure to so report; or

5. Retention;
of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above.

PI-SE-001 (07/20)
PI-SE-001 (07/20)

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPECIAL EVENTS ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. This insurance applies to “bodily injury”, “property damage”, and “personal and advertising injury” arising out of all of your special events with the following exceptions unless scheduled in paragraph C. SCHEDULE OF SPECIAL EVENTSbelow:

Parades sponsored by the Insured
Shooting activities
Fireworks
Carnivals and fairs with mechanical rides sponsored by the Insured Rock, Heavy Metal, Techno, Hip-Hop or Rap concerts
Events including contact sports
Rodeos sponsored by the Insured
Political Rallies
Any event with greater than 2,500 people at any one time (including otherwise acceptable events)
Any event with liquor provided by the Insured if a license is required for such activity.

B. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) related to your special events, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. .

C. SCHEDULE OF SPECIAL EVENTS:

Event(s) Date(s)

This endorsement is not intended to replace, supersede or provide additional coverage or limits for a special event(s) if there is a separate policy in place providing coverage for the same special event(s).

COMMERCIAL AUTO
CA 00 01 03 10
CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 1of 12

BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your" re-
fer to the Named Insured shown in the Declarations.

The words "we", "us" and "our" refer to the company
providing this insurance.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.

SECTION I – COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".

A. Description Of Covered Auto Designation
Symbols
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos"
Only
Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins.
3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned
"Autos" Other
Than Private
Passenger
"Autos" Only
Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins.
5 Owned "Autos"
Subject To
No-fault
Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement.
7 Specifically
Described
"Autos"
Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Non-owned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.

Page 2 ends

19 Mobile Equip-
ment Subject To
Compulsory Or
Financial
Responsibility
Or Other Motor
Vehicle Insur-
ance Law Only
Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.

B. Owned Autos You Acquire After The Policy
Begins

1. If Symbols 1, 2, 3, 4, 5, 6or19are entered
next to a coverage in Item Two of the Declara-
tions, then you have coverage for "autos" that
you acquire of the type described for the re-
mainder of the policy period.

2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that cover-
age only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that cover-
age; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that cover-
age.

C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos
If Liability Coverage is provided by this coverage
form, the following types of vehicles are also cov-
ered "autos" for Liability Coverage:

1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.

2. "Mobile equipment" while being carried or
towed by a covered "auto".

3. Any "auto" you do not own while used with the
permission of its owner as a temporary substi-
tute for a covered "auto" you own that is out of
service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.

SECTION II – LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".

We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "acci-
dent" and resulting from the ownership, mainte-
nance or use of covered "autos". However, we will
only pay for the "covered pollution cost or ex-
pense" if there is either "bodily injury" or "property
damage" to which this insurance applies that is
caused by the same "accident".

We have the right and duty to defend any "in-
sured" against a "suit" asking for such damages or
a "covered pollution cost or expense". However,
we have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or "prop-
erty damage" or a "covered pollution cost or ex-
pense" to which this insurance does not apply. We
may investigate and settle any claim or "suit" as
we consider appropriate. Our duty to defend or
settle ends when the Liability Coverage Limit of
Insurance has been exhausted by payment of
judgments or settlements.

1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permis-
sion a covered "auto" you own, hire or bor-
row except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto".

This exception does not apply if the
covered "auto" is a "trailer" connected to a
covered "auto" you own.

CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 3of 12 (2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership) or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an "in-
sured" described above but only to the ex-
tent of that liability.

2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (in-
cluding bonds for related traffic law vio-
lations) required because of an "acci-
dent" we cover. We do not have to fur-
nish these bonds.
(3) The cost of bonds to release attach-
ments in any "suit" against the "insured"
we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day be-
cause of time off from work.
(5) All court costs taxed against the "in-
sured" in any "suit" against the "insured"
we defend. However, these payments
do not include attorneys' fees or attor-
neys' expenses taxed against the "in-
sured".
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "in-
sured" we defend, but our duty to pay in-
terest ends when we have paid, offered
to pay or deposited in court the part of
the judgment that is within our Limit of
Insurance.

These payments will not reduce the Limit of
Insurance.
b. Out-of-state Coverage Extensions
While a covered "auto" is away from the
state where it is licensed we will:
(1) Increase the Limit of Insurance for Li-
ability Coverage to meet the limits speci-
fied by a compulsory or financial re-
sponsibility law of the jurisdiction where
the covered "auto" is being used. This
extension does not apply to the limit or
limits specified by any law governing
motor carriers of passengers or prop-
erty.
(2) Provide the minimum amounts and
types of other coverages, such as no-
fault, required of out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.

We will not pay anyone more than once for
the same elements of loss because of
these extensions.

B. Exclusions
This insurance does not apply to any of the follow-
ing:

1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "in-
sured".

2. Contractual
Liability assumed under any contract or
agreement.

But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily
injury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement; or
b. That the "insured" would have in the ab-
sence of the contract or agreement.

3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under
any workers' compensation, disability benefits
or unemployment compensation law or any
similar law.

Page 4 ends

4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out
of and in the course of:
(1) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the "insured's" business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of Pa-
ragraph a.above.

This exclusion applies:
(1) Whether the "insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.

But this exclusion does not apply to "bodily in-
jury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the coverage
form, a domestic "employee" is a person en-
gaged in household or domestic work per-
formed principally in connection with a resi-
dence premises.

5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured" aris-
ing out of and in the course of the fellow
"employee's" employment or while perform-
ing duties related to the conduct of your
business; or
b. The spouse, child, parent, brother or sister
of that fellow "employee" as a consequence
of Paragraph a.above.

6. Care, Custody Or Control
"Property damage" to or "covered pollution cost
or expense" involving property owned or trans-
ported by the "insured" or in the "insured's"
care, custody or control. But this exclusion
does not apply to liability assumed under a si-
detrack agreement.

7. Handling Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured" for movement in-
to or onto the covered "auto"; or
b. After it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".

8. Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" resulting
from the movement of property by a mechani-
cal device (other than a hand truck) unless the
device is attached to the covered "auto".

9. Operations
"Bodily injury" or "property damage" arising out
of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and6.c.of the definition of "mobile equip-
ment"; or
b. Machinery or equipment that is on, attached
to or part of a land vehicle that would qual-
ify under the definition of "mobile equip-
ment" if it were not subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged.

10. Completed Operations
"Bodily injury" or "property damage" arising out
of your work after that work has been com-
pleted or abandoned.

In this exclusion, your work means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.

Your work includes warranties or representa-
tions made at any time with respect to the fit-
ness, quality, durability or performance of any
of the items included in Paragraph a. or b.
above.

Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed.
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one site.
(3) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.

CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 5of 12 Work that may need service, maintenance, cor-
rection, repair or replacement, but which is
otherwise complete, will be treated as com-
pleted.

11. Pollution
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of "pollutants":
a. That are, or that are contained in any prop-
erty that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered "au-
to";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are ac-
cepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragrapha.above does not apply to fuels, lu-
bricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraphs6.b.
and6.c.of the definition of "mobile
equipment".

Paragraphs b.andc.above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an "in-
sured" with respect to "pollutants" not in or
upon a covered "auto" if:
(a) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of
the maintenance or use of a covered
"auto"; and
(b)The discharge, dispersal, seepage, mi-
gration, release or escape of the "pollut-
ants" is caused directly by such upset,
overturn or damage.

12. War
"Bodily injury" or "property damage" arising di-
rectly or indirectly out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped
power or action taken by governmental au-
thority in hindering or defending against any
of these.

13. Racing
Covered "autos" while used in any professional
or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does
not apply while that covered "auto" is being
prepared for such a contest or activity.

C. Limit Of Insurance
Regardless of the number of covered "autos", "in-
sureds", premiums paid, claims made or vehicles
involved in the "accident", the most we will pay for
the total of all damages and "covered pollution
cost or expense" combined resulting from any one
"accident" is the Limit of Insurance for Liability
Coverage shown in the Declarations.

Page 6 ends

All "bodily injury", "property damage" and "covered
pollution cost or expense" resulting from continu-
ous or repeated exposure to substantially the
same conditions will be considered as resulting
from one "accident".

No one will be entitled to receive duplicate pay-
ments for the same elements of "loss" under this
coverage form and any Medical Payments Cover-
age endorsement, Uninsured Motorists Coverage
endorsement or Underinsured Motorists Coverage
endorsement attached to this Coverage Part.

SECTION III – PHYSICAL DAMAGE COVERAGE
A. Coverage

1. We will pay for "loss" to a covered "auto" or its
equipment under:
a. Comprehensive Coverage
From any cause except:
(1) The covered "auto's" collision with an-
other object; or
(2) The covered "auto's" overturn.
b. Specified Causes Of Loss Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derail-
ment of any conveyance transporting
the covered "auto".
c. Collision Coverage
Caused by:
(1) The covered "auto's" collision with an-
other object; or
(2) The covered "auto's" overturn.

2. Towing
We will pay up to the limit shown in the Decla-
rations for towing and labor costs incurred
each time a covered "auto" of the private pas-
senger type is disabled. However, the labor
must be performed at the place of disablement.

3. Glass Breakage – Hitting A Bird Or Animal –
Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal;
and
c. "Loss" caused by falling objects or missiles.

However, you have the option of having glass
breakage caused by a covered "auto's" colli-
sion or overturn considered a "loss" under Col-
lision Coverage.

4. Coverage Extensions
a. Transportation Expenses
We will pay up to $20 per day to a maxi-
mum of $600 for temporary transportation
expense incurred by you because of the to-
tal theft of a covered "auto" of the private
passenger type. We will pay only for those
covered "autos" for which you carry either
Comprehensive or Specified Causes Of
Loss Coverage. We will pay for temporary
transportation expenses incurred during the
period beginning 48 hours after the theft
and ending, regardless of the policy's expi-
ration, when the covered "auto" is returned
to use or we pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured" be-
comes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver under a written rental contract or
agreement. We will pay for loss of use ex-
penses if caused by:
(1) Other than collision only if the Declara-
tions indicate that Comprehensive Cov-
erage is provided for any covered "au-
to";
(2) Specified Causes Of Loss only if the
Declarations indicate that Specified
Causes Of Loss Coverage is provided
for any covered "auto"; or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered "auto".

However, the most we will pay for any ex-
penses for loss of use is $20 per day, to a
maximum of $600.

B. Exclusions

1. We will not pay for "loss" caused by or resulting
from any of the following. Such "loss" is ex-
cluded regardless of any other cause or event
that contributes concurrently or in any se-
quence to the "loss".
a. Nuclear Hazard
(1) The explosion of any weapon employing
atomic fission or fusion; or
(2) Nuclear reaction or radiation, or radioac-
tive contamination, however caused.

CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 7of 12 b. War Or Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, includ-
ing action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other au-
thority using military personnel or other
agents; or
(3) Insurrection, rebellion, revolution,
usurped power or action taken by gov-
ernmental authority in hindering or de-
fending against any of these.

2. We will not pay for "loss" to any covered "auto"
while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contest or activity.

We will also not pay for "loss" to any covered
"auto" while that covered "auto" is being pre-
pared for such a contest or activity.

3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.

This exclusion does not apply to such "loss"
resulting from the total theft of a covered "au-
to".

4. We will not pay for "loss" to any of the follow-
ing:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or data electronic
equipment.
b. Any device designed or used to detect
speed-measuring equipment such as radar
or laser detectors and any jamming appara-
tus intended to elude or disrupt speed-
measurement equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently in-
stalled, that reproduces, receives or trans-
mits audio, visual or data signals.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.

5. Exclusions4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
a. Permanently installed in or upon the cov-
ered "auto";
b. Removable from a housing unit which is
permanently installed in or upon the cov-
ered "auto";
c. An integral part of the same unit housing
any electronic equipment described in Pa-
ragraphs a.and b.above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.

6. We will not pay for "loss" to a covered "auto"
due to "diminution in value".

C. Limit Of Insurance

1. The most we will pay for "loss" in any one "ac-
cident" is the lesser of:
a. The actual cash value of the damaged or
stolen property as of the time of the "loss";
or
b. The cost of repairing or replacing the dam-
aged or stolen property with other property
of like kind and quality.

2. $1,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
a. Permanently installed in or upon the cov-
ered "auto" in a housing, opening or other
location that is not normally used by the
"auto" manufacturer for the installation of
such equipment;
b. Removable from a permanently installed
housing unit as described in Paragraph 2.a.
above or is an integral part of that equip-
ment; or
c. An integral part of such equipment.

3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".

4. If a repair or replacement results in better than
like kind or quality, we will not pay for the
amount of the betterment.

D. Deductible
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen prop-
erty will be reduced by the applicable deductible
shown in the Declarations. Any Comprehensive
Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.

Page 8 ends

SECTION IV – BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:

A. Loss Conditions

1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of "loss",
either may demand an appraisal of the "loss".

In this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The apprais-
ers will state separately the actual cash value
and amount of "loss". If they fail to agree, they
will submit their differences to the umpire. A
decision agreed to by any two will be binding.

Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.

If we submit to an appraisal, we will still retain
our right to deny the claim.

2. Duties In The Event Of Accident, Claim, Suit
Or Loss
We have no duty to provide coverage under
this policy unless there has been full compli-
ance with the following duties:
a. In the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the "acci-
dent" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no pay-
ment or incur no expense without our
consent, except at the "insured's" own
cost.
(2) Immediately send us copies of any re-
quest, demand, order, notice, summons
or legal paper received concerning the
claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.
c. If there is "loss" to a covered "auto" or its
equipment you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect the
covered "auto" from further damage. Al-
so keep a record of your expenses for
consideration in the settlement of the
claim.
(3) Permit us to inspect the covered "auto"
and records proving the "loss" before its
repair or disposition.
(4) Agree to examinations under oath at our
request and give us a signed statement
of your answers.

3. Legal Action Against Us
No one may bring a legal action against us un-
der this coverage form until:
a. There has been full compliance with all the
terms of this coverage form; and
b. Under Liability Coverage, we agree in writ-
ing that the "insured" has an obligation to
pay or until the amount of that obligation
has finally been determined by judgment af-
ter trial. No one has the right under this pol-
icy to bring us into an action to determine
the "insured's" liability.

4. Loss Payment – Physical Damage
Coverages
At our option we may:
a. Pay for, repair or replace damaged or sto-
len property;
b. Return the stolen property, at our expense.

We will pay for any damage that results to
the "auto" from the theft; or
c. Take all or any part of the damaged or sto-
len property at an agreed or appraised val-
ue.

If we pay for the "loss", our payment will in-
clude the applicable sales tax for the damaged
or stolen property.

5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom we
make payment under this coverage form has
rights to recover damages from another, those
rights are transferred to us. That person or or-
ganization must do everything necessary to
secure our rights and must do nothing after
"accident" or "loss" to impair them.

CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 9of 12 B. General Conditions

1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not relieve us of any obli-
gations under this coverage form.

2. Concealment, Misrepresentation Or Fraud
This coverage form is void in any case of fraud
by you at any time as it relates to this coverage
form. It is also void if you or any other "in-
sured", at any time, intentionally conceal or
misrepresent a material fact concerning:
a. This coverage form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this coverage form.

3. Liberalization
If we revise this coverage form to provide more
coverage without additional premium charge,
your policy will automatically provide the addi-
tional coverage as of the day the revision is ef-
fective in your state.

4. No Benefit To Bailee – Physical Damage
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other pro-
vision of this coverage form.

5. Other Insurance
a. For any covered "auto" you own, this cov-
erage form provides primary insurance. For
any covered "auto" you don't own, the in-
surance provided by this coverage form is
excess over any other collectible insurance.

However, while a covered "auto" which is a
"trailer" is connected to another vehicle, the
Liability Coverage this coverage form pro-
vides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own.
(2) Primary while it is connected to a cov-
ered "auto" you own.
b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Paragraph
a. above, this coverage form's Liability
Coverage is primary for any liability as-
sumed under an "insured contract".
d. When this coverage form and any other
coverage form or policy covers on the same
basis, either excess or primary, we will pay
only our share. Our share is the proportion
that the Limit of Insurance of our coverage
form bears to the total of the limits of all the
coverage forms and policies covering on
the same basis.

6. Premium Audit
a. The estimated premium for this coverage
form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the bal-
ance, if any. The due date for the final pre-
mium or retrospective premium is the date
shown as the due date on the bill. If the es-
timated total premium exceeds the final
premium due, the first Named Insured will
get a refund.
b. If this policy is issued for more than one
year, the premium for this coverage form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.

7. Policy Period, Coverage Territory
Under this coverage form, we cover "accidents"
and "losses" occurring:
a. During the policy period shown in the Dec-
larations; and
b. Within the coverage territory.

The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of the Unit-
ed States of America;
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if:
(a) A covered "auto" of the private passen-
ger type is leased, hired, rented or bor-
rowed without a driver for a period of 30
days or less; and
(b) The "insured's" responsibility to pay
damages is determined in a "suit" on the
merits, in the United States of America,
the territories and possessions of the
United States of America, Puerto Rico
or Canada or in a settlement we agree
to.

Page 10 ends

We also cover "loss" to, or "accidents" involv-
ing, a covered "auto" while being transported
between any of these places.

8. Two Or More Coverage Forms Or Policies
Issued By Us
If this coverage form and any other coverage
form or policy issued to you by us or any com-
pany affiliated with us applies to the same "ac-
cident", the aggregate maximum Limit of Insur-
ance under all the coverage forms or policies
shall not exceed the highest applicable Limit of
Insurance under any one coverage form or pol-
icy. This condition does not apply to any cov-
erage form or policy issued by us or an affili-
ated company specifically to apply as excess
insurance over this coverage form.

SECTION V – DEFINITIONS
A."Accident" includes continuous or repeated expo-
sure to the same conditions resulting in "bodily in-
jury" or "property damage".

B."Auto" means:

1. A land motor vehicle, "trailer" or semitrailer de-
signed for travel on public roads; or

2. Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law where it is li-
censed or principally garaged.

However, "auto" does not include "mobile equip-
ment".

C."Bodily injury" means bodily injury, sickness or
disease sustained by a person including death re-
sulting from any of these.

D."Covered pollution cost or expense" means any
cost or expense arising out of:

1. Any request, demand, order or statutory or
regulatory requirement that any "insured" or
others test for, monitor, clean up, remove, con-
tain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of, "pollut-
ants"; or

2. Any claim or "suit" by or on behalf of a gov-
ernmental authority for damages because of
testing for, monitoring, cleaning up, removing,
containing, treating, detoxifying or neutralizing,
or in any way responding to, or assessing the
effects of, "pollutants".
"Covered pollution cost or expense" does not in-
clude any cost or expense arising out of the ac-
tual, alleged or threatened discharge, dispersal,
seepage, migration, release or escape of "pollut-
ants":
a. That are, or that are contained in any prop-
erty that is:
(1) Being transported or towed by, handled
or handled for movement into, onto or
from the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered "au-
to";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are ac-
cepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a.above does not apply to fuels, lu-
bricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense"
does not arise out of the operation of
any equipment listed in Paragraph 6.b.
or 6.c. of the definition of "mobile
equipment".

CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 11of 12 Paragraphs b. andc. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutants" not in or upon a covered "auto"
if:
(a) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of
the maintenance or use of a covered
"auto"; and
(b) The discharge, dispersal, seepage, mi-
gration, release or escape of the "pollut-
ants" is caused directly by such upset,
overturn or damage.

E. "Diminution in value" means the actual or per-
ceived loss in market value or resale value which
results from a direct and accidental "loss".

F. "Employee" includes a "leased worker". "Em-
ployee" does not include a "temporary worker".

G."Insured" means any person or organization quali-
fying as an insured in the Who Is An Insured pro-
vision of the applicable coverage. Except with re-
spect to the Limit of Insurance, the coverage af-
forded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.

H."Insured contract" means:

1. A lease of premises;

2. A sidetrack agreement;

3. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;

4. An obligation, as required by ordinance, to in-
demnify a municipality, except in connection
with work for a municipality;

5. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another to
pay for "bodily injury" or "property damage" to a
third party or organization. Tort liability means
a liability that would be imposed by law in the
absence of any contract or agreement;

6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your "employ-
ees", of any "auto". However, such contract or
agreement shall not be considered an "insured
contract" to the extent that it obligates you or
any of your "employees" to pay for "property
damage" to any "auto" rented or leased by you
or any of your "employees".

An "insured contract" does not include that part of
any contract or agreement:
a. That indemnifies a railroad for "bodily injury"
or "property damage" arising out of con-
struction or demolition operations, within 50
feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
b. That pertains to the loan, lease or rental of
an "auto" to you or any of your "employ-
ees", if the "auto" is loaned, leased or
rented with a driver; or
c. That holds a person or organization en-
gaged in the business of transporting prop-
erty by "auto" for hire harmless for your use
of a covered "auto" over a route or territory
that person or organization is authorized to
serve by public authority.

I. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm to perform duties re-
lated to the conduct of your business. "Leased
worker" does not include a "temporary worker".

J. "Loss" means direct and accidental loss or dam-
age.

K."Mobile equipment" means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:

1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;

2. Vehicles maintained for use solely on or next to
premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construction or resurfacing equipment
such as graders, scrapers or rollers;

5. Vehicles not described in Paragraph1., 2., 3.
or 4.above that are not self-propelled and are
maintained primarily to provide mobility to per-
manently attached equipment of the following
types:
a. Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well-servicing equipment; or
b. Cherry pickers and similar devices used to
raise or lower workers; or

Page 12 ends

6. Vehicles not described in Paragraph1., 2., 3.
or 4.above maintained primarily for purposes
other than the transportation of persons or car-
go. However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction
or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting or
well-servicing equipment.

However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally ga-
raged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law are considered "autos".

L. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

M."Property damage" means damage to or loss of
use of tangible property.

N."Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or "prop-
erty damage"; or

2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or ex-
penses" are claimed and to which the "in-
sured" must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.

O."Temporary worker" means a person who is fur-
nished to you to substitute for a permanent "em-
ployee" on leave or to meet seasonal or short-term
workload conditions.

P. "Trailer" includes semitrailer.

COMMERCIAL AUTO
CA 01 43 05 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 01 43 05 07 © ISO Properties, Inc., 2006 Page 1 of 2

CALIFORNIA CHANGES
For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement.

A.The term "spouse" is replaced by the following:

Spouse or registered domestic partner under Cali-
fornia law.

B.The following are added to the Other Insurance
Condition in the Business Auto and Garage Cov-
erage Forms and the Other Insurance – Primary
And Excess Insurance Provisions in the Motor
Carrier and Truckers Coverage Forms and super-
sede any provisions to the contrary:

1. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling, repair-
ing, servicing, delivering, testing or road-
testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident", a person de-
scribed in Paragraph 1.b. is operating an
"auto" owned by the business described in
Paragraph 1.a., then that person's liability
coverage is primary and the Coverage
Form issued to a business described in
Paragraph 1.a. is excess over any cover-
age available to that person.

2. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to an "auto" and:
a. One provides coverage to a Named Insured
engaged in the business of selling, repair-
ing, servicing, delivering, testing or road-
testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident" an "insured"
under the Coverage Form described in
Paragraph 2.a. is operating an "auto"
owned by a person described in Paragraph

2.b., then the Coverage Form issued to the
business described in Paragraph 2.a. is
primary and the liability coverage issued to
a person described in Paragraph 2.b. is ex-
cess over any coverage available to the
business.

3. When this Coverage Form and any other Cov-
erage Form or policy providing liability cover-
age apply to a "commercial vehicle" and:
a. One provides coverage to a Named In-
sured, who in the course of business, rents
or leases "commercial vehicles" without op-
erators, and
b. The other provides coverage to a person
other than as described in Paragraph 3.a.,
and
c. At the time of an "accident", a person who
is not the Named Insured of the policy de-
scribed in Paragraph 3.a., and who is not
the agent or "employee" of such Named In-
sured is operating a "commercial vehicle"
provided by the business covered by the
Coverage Form or policy described in
Paragraph 3.a., then the liability coverage
provided by the Coverage Form or policy
described in Paragraph 3.b. is primary, and
the liability coverage provided by the Cov-
erage Form or policy described in Para-
graph 3.a. is excess over any coverage
available to that person.

Page 2 of 2 ends

4. Notwithstanding Paragraph B.3., when this
Coverage Form and any other Coverage Form
or policy providing liability coverage apply to a
power unit and any connected "trailer" or "trail-
ers" and:
a. One provides coverage to a Named Insured
engaged in the business of transporting
property by "auto" for hire; and
b. The other provides coverage to a Named
Insured not engaged in that business; and
c. At the time of an "accident", a power unit is
being operated by a person insured under
the Coverage Form or policy described in
Paragraph 4.a., then that Coverage Form or
policy is primary for both the power unit and
any connected "trailer" or "trailers" and the
Coverage Form or policy described in
Paragraph 4.b. is excess over any other
coverage available to such power unit and
attached "trailer" or "trailers".

C. As used in this endorsement:
"Commercial vehicle" means an "auto" subject to
registration or identification under California law
which is:

1. Used or maintained for the transportation of
persons for hire, compensation or profit;

2. Designed, used or maintained primarily for the
transportation of property; or

3. Leased for a period of six months or more.

POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page of

DESIGNATED INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Endorsement Effective: Countersigned By:

Named Insured:
(Authorized Representative)

SCHEDULE
Name of Person(s) or Organization(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.

PHPK2618523
10/30/2023
Club Stride, Inc.

The Center, The State of California,Sierra Health Foundation, and theirrespective officers, directors, agents, 1 1
PI-AUT-001 (01/16)
PI-AUT-001 (01/16)

Page 1 of 1 ends

Includes copyrighted material of the Insurance Services Office Inc., used with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:

COMMERCIAL AUTO COVERAGE PART
We will pay for any injury or damage arising out of a “certified act of terrorism”. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Act for a “certified act of terrorism” includes the following":

1. The act resulted in insured losses in excess of $5 million in the aggregate,

2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage otherwise excluded under this Coverage Part.

PI-ARB-1 (4/03)

Includes copyright material of the Insurance Services Office, Inc. used with its permission.

Page 1 of 1 ends

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

BINDING ARBITRATION
Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy.

This endorsement modifies coverage provided under the Coverage Part to which it is attached.

If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration.

When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will:

1. Pay the expenses it incurs; and

2. Bear the expenses of the third arbitrator equally.

Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding.

All other terms of the policy remain unchanged.

PI-HS-003 (07/04)

Page 1 of 9 ends

Includes copyright material of the Insurance Services Office, Inc. used with its permission.

HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY

COVERAGE FORM

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

the Named Insured shown in the Declarations, and any
other person or organization qualifying as a Named
,
refer to the company providing this insurance.

ny person or organization
qualifying as such under SECTION II WHO IS AN
INSURED.

Other words and phrases that appear in quotation marks
have special meaning. Refer to SECTION V
DEFINITIONS.

SECTION I COVERAGE

HUMAN SERVICES ORGANIZATION

PROFESSIONAL LIABILITY

A. Insuring Agreement

1. We will pay those sums that the insured becomes
arising out
of in the course of
performing professional services for, or on behalf
of, your human services organization to which this
insurance applies. We have the right and duty to
. We
may at our discretion investigate and settle any
, subject to SECTION IV
CONDITION K . But:

a.
limited as described in SECTION III LIMITS
OF INSURANCE; and

b. Our right and duty to defend ends when we
have used up our applicable limit of insurance
in the payment of judgments or settlements.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under SUPPLEMENTARY
PAYMENTS set forth below.

2. This insurance applies to only if:

a. The
that takes place in the coverage
territo

b.
policy period.

B. Exclusions

1. Expected or intended from the standpoint of the
insured.

2. For any actual or alleged breach of contract or
agreement. This exclusion does not apply to
in the absence of the contract or agreement.

3. Arising out of the operation of any hospital,
sanatorium, medical clinic, or any other medical
facility or laboratory.

4. Arising out of the ownership, maintenance, use or
, or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
.

5. Arising out of the prescription, utilization,
furnishing, or dispensing of drugs or medical,
dental, or nursing supplies or appliances, except
as directed by a physician, physician assistant,
nurse, or a psychologist as permitted under state
law, and in the normal practice as a human
services organization provider.

6. Arising out of the professional services of any
psychiatrist.

However, with respect to you only, this exclusion
does not apply to services performed by a
psychiatrist so long as you have written
confirmation of malpractice insurance covering
such individual with limits of at least $1,000,000.

7. Arising out of the furnishing or failure to furnish
professional services by an attorney, architect,
engineer, accountant, real estate or investment
manager, physician, dentist, anesthesiologist,
nurse anesthetist, nurse midwife, x-ray therapist,
radiologist, chiropodist, chiropractor, optometrist,
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However, with respect to you and your
services performed by a physician, dentist, or
optometrist, provided that all of the following
conditions are met:
a.
volunteer; and
b. You have current written confirmation of
malpractice insurance covering such
professional with limits of at least $1,000,000.

8. Arising out of membership in a formal
accreditation or similar professional board or
committee or any hospital or professional society.

9. Arising out of injury to any insured, or any
consequential injury to the spouse, child, parent,
brother or sister of that insured.

This exclusion applies:

a. Whether the insured may be liable as an
employer or in any other capacity; and

b.
because of the injury.

10. Arising out of any obligation of the insured under a workers compensation, disability benefits or
unemployment compensation law or any similar
law.

11. Arising out of any claim made by:
a. A person because of any:

(1) Refusal to employ that person;

(2) employment;
or

(3) Employment-related practices, policies,
acts or omissions, such as coercion,
demotion, evaluation, reassignment,
discipline, defamation, harassment,
humiliation or discrimination directed at
that person; or

b. The spouse, child, parent, brother or sister of
that person as a consequence of any
any of the employment-related practices
described in paragraphs (1), (2), or (3) above
is directed.

This exclusion applies:

(1) Whether the insured may be liable as an
employer or in any other capacity; and

(2)
with or repay someone else who must
.

12. Arising out of personal
.

However, this exclusion does not apply to

a. Oral or written publication of material, if done
by or at the direction of the insured with
knowledge of its falsity;

b. Oral or written publication of material, whose
first publication took place before the
beginning of the policy period; or

c. The willful violation of a penal statute or
ordinance committed by or with the consent
of the insured.

13. Arising out of damage to property:

a. Owned, occupied or used by any insured;

b. Rented to, in the care, custody or control of,
or over which physical control is being
exercised for any purpose by any insured;

c. Which is or was in the possession of any
insured or any person acting on behalf of
any insured; or

d. That is real property on which you or any
contractors or subcontractors working
directly or indirectly on your behalf are or
were performing operations.

14. Arising out of any:

a.

b.

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d. .

15. Arising out of actual or alleged discrimination.

16. Arising out of unfair competition or violation of any anti-trust laws.

17. Arising out of the inability or failure of the insured or others to collect or pay money.

18. Arising out of an insured gaining any personal
profit or advantage to which they are not legally
entitled.

19. Arising out of liability under the Employment
Retirement Income Security Act of 1974 and any
amendments to that law, or any similar federal or
state law.

20. Arising out of any criminal, dishonest, fraudulent
or malicious act or omission. This exclusion does
not apply to any insured who did not:

a. Personally participate in committing any such
act; or
b. Remain passive after having personal
knowledge of any such act or omission.

21. against an insured by another insured.

22. Arising out of acts, errors or omissions of a
managerial or administrative nature.

23. Arising out of:

a. The actual or threatened physical or sexual
abuse or molestation by anyone of any person
while in the care, custody or control of any
insured; or
b. The negligent:

(1) employment;

(2) investigation;

(3) supervision;

(4) reporting to the proper authorities, or
failure to so report; or

(5) retention

of a person for whom any insured is or ever
was legally responsible and whose conduct
would be excluded by a. above.

c. The negligent failure to provide professional
services or neglect of the therapeutic needs of
a client, patient or other person because of the
conduct which would be excluded by
paragraph a. above.

SUPPLEMENTARY PAYMENTS

A.
defend:

1. All expenses we incur including defense costs.

2. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.

3. All reasonable expenses incurred by the
insured at our request to assist us in the
,
including actual loss of earnings up to $750 a
day because of time off from work.

4. All costs taxed against the insured in the
.

5. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.

6. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.

B. We will reimburse you for reasonable legal services
charged by a lawyer we agree to and other expenses
you may incur in the investigation and defense of
ng
professional i
covered by this policy. This Coverage is limited to
$100,000 per incident.

C. We will reimburse you for reasonable legal services
charged by a lawyer we agree to and other expenses
you may incur arising out of any act or omission in the PI-HS-003 (07/04)

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accreditation, standards review or similar board. This
Coverage is limited to $100,000 per incident.

These payments will not reduce the limits of insurance.

SECTION II WHO IS AN INSURED

A. You are an insured.
directors are insureds, but only with respect to their
duties as your officers or directors.

B. Each of the following is also an insured:

1. Your medical directors, board members and
administrators, but only while acting within the
scope of and during the course of their duties as
such. Such duties do not include the furnishing or
failure to furnish professional services of any
physician or psychiatrist in the treatment of a
patient.

2. ,
, but only for acts within the scope of their
employment by you or while performing duties
related to the conduct of your organization.

3. Your volunteers, but only for acts within the scope
of their duties related to the conduct of your
organization.

4. Students in training, but only for acts within the
scope of their duties related to the conduct of your
organization.

5. Any social workers and/or case managers, but
only for acts within the scope of their duties related
to the conduct of your organization.

6. Any organization you newly acquire or form, other
than a partnership or joint venture, and over which
you maintain ownership or majority interest, will be
deemed to be a Named Insured if there is no other
similar insurance available to that organization.

However:

a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier; and
b. Professional Liability Coverage does not apply
before you acquired or formed the
organization.

No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the
Declarations.

SECTION III LIMITS OF INSURANCE

A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of
the number of:

1. Insureds;

2. 3. Persons or organizations making claims or
.

B. The Aggregate Limit is the most we will pay for all

C. Subject to B. above, the Each Professional Incident Limit is the most we will pay for the sum of all
ut of any one
this insurance applies.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

SECTION IV CONDITIONS

A. Bankruptcy

Bankruptcy or insolvency of the insured or of the
under this Coverage Part.

B. Your Authority And Duties

The first Named Insured shown in the Declarations
agrees to act on behalf of all insureds with respect to , payment or return of any premium, or
consent to a claim settlement that we recommend.

Each insured, by accepting this insurance, agrees to:

1. Have the first Named Insured act for them in such
matters; and
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2. Promptly notify the first Named Insured, in writing, ght against them.

C. Duties In The Event Of Professional Incident,
Claim Or Suit

1. You must see to it that we are notified as soon
may result in a claim. To the extent possible,
notice should include:

a. All available information about the

(1) How, when and where it took place; and

(2) The names and addresses of any
witnesses and persons seeking
; and

b. What claim you think may result.

However, even when you notify us of a
, this does not relieve you of
your obligation to also notify us of any resulting
.

2. insured, you must:

a. Immediately record the specifics of the claim

b. Notify us as soon as practicable.

You must see to it that we receive written notice of

3. You and any other involved insured must:

a. Immediately send us copies of any demands,
notices, summonses or legal papers received

b. Authorize us to obtain records and other
information;

c. Cooperate with us in the investigation,

d. Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to which
this insurance may also apply; and

e. In no way jeopardize our rights after a

4. No insureds will, except at their own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.

D. Legal Action Against Us

No person or organization has a right under this
Coverage Part:

1. To join us as a party or otherwise bring us into a

2. To sue us on this Coverage Part unless all of its
terms have been fully complied with.

A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
insured obtained after an actual trial; but we will not be terms of this Coverage Part or that are in excess of
the applicable limit of insurance. An agreed
settlement means a settlement and release of liability
signed by us, the insured and the claimant or the

E. Other Insurance

If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage
Part, our obligations are limited as follows:

1. Primary Insurance

This insurance is primary except when 2. below
applies. If this insurance is primary, our
obligations are not affected unless any of the other
insurance is also primary. Then, we will share
with all that other insurance by the method
described in 3. below.

2. Excess Insurance

This insurance is excess over any of the other
insurance, whether primary, excess, contingent or
on any other basis if:

a. Y
insurance covering his or her professional
liability.

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Includes copyright material of the Insurance Services Office, Inc. used with its permission. b. You have purchased insurance from a
company other than us or a company affiliated
with us which is more specific than this
insurance.

When this insurance is excess, we will have no
insurer has a duty to defend. If no other insurer
defends, we will undertake to do so, but we will be
other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:

a. The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and

b. The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, with any
other insurance that is not described in this
Excess Insurance provision and was not bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part.

3. Method of Sharing

If all of the other insurance permits contribution by
equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.

If the other insurance does not permit contribution
by equal shares, we will continue by limits. Under
ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

F. Premium Audit

1. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.

2. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close
of each audit period we have the right to compute
the earned premium for that period. Audit
premiums are due and payable on notice to the
first Named Insured. If the sum of the advance
and audit premiums paid for the policy period is
greater than the earned premium, we will return
the excess to the first Named Insured.

3. The first Named Insured must keep records of the
information we need for premium computation,
and send us copies at such times as we may
request.

G. Representations

By accepting this policy, you agree:

1. The statements in the Declarations are accurate
and complete;

2. Those statements are based upon representations
you made to us; and

3. We have issued this policy in reliance upon your
representations.

H. Separation Of Insureds

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:

1. As if each Named Insured were the only Named
Insured; and

2. Separately to each insured against whom claim is
made or

I. Transfer of Rights Of Recovery Against Others To
Us

If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
us and help us enforce them.

J. Governmental Immunity

If you are a public institution, you may be entitled to Governmental Immunity. This Coverage Part does not
constitute a waiver of any charitable or governmental
immunity to which you are entitled.

K. Settlement

If the first Named Insured refuses to consent, within a PI-HS-003 (07/04)

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recommend and elects to contest the claim or
continue any legal proceedings in connection with
such claim then, subject to the provisions of SECTION
III LIMITS OF INSURANCE, our liability for the claim
will not exceed the amount for which the claim could
have been settled, plus the cost of defense incurred by us up to the date of such refusal.

L. Two or More Coverage Parts Or Policies Issued
By Us

It is our stated intention that the various coverage
parts or policy issued to you by us, or any company
affiliated with us, do not provide any duplication or
o . If this
policy and any other coverage part or policy issued to
you by us, or any company affiliated with us, apply to
, occurrence, offense,
wrongful act, accident or loss, the maximum Limit of
Insurance under all such coverage parts or policies
combined shall not exceed the highest applicable Limit
of Insurance under any one coverage part or policy.

This condition does not apply to any Excess or
Umbrella Policy issued by us specifically to apply as
excess insurance over this policy.

M. When We Do Not Renew

If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V DEFINITIONS

A. means injury arising out of one
or more of the following offenses committed in the
course of advertising your goods, products or services:

1. Oral or written publication of material that slanders or libels a person or organization or disparages a
services;

2. Oral or written publication of material that violates a

3. Misappropriation of advertising ideas or style of
doing business; or

4. Infringement of copyright, title or slogan.

B. means:

1. a. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products
containing asbestos;

b. The use of asbestos in constructing or
manufacturing any good, product or structure;

c. The removal of asbestos from any good,
product or structure;

d. Any request, demand or order for the removal
of asbestos from any good, product or
structure; or

e. The manufacture, sale, transportation, storage
or disposal of asbestos or goods or products
containing asbestos.

2. The investigation, settlement or defense of any
, , loss, cost or
expense excluded by 1. above.

C. means a land motor vehicle, trailer or
semitrailer designed for travel on public roads,
including any attached machinery or equipment.

D. means:

1. The United States of America (including its
territories and possessions), Puerto Rico, and
Canada;

2. All parts of the world if:

a. The injury or damage arises out of the
activities of a person whose home is in the
territory described in 1. above, but is away for
a short time on your business; and

b.
territory described in 1. above or in a
settlement we agree to.

E. means a monetary:

1. Judgment;

2. Award; or

3. Settlement,

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punitive or exemplary damages or the multiple portion
of any damages.

F. p means any proceeding
brought against you by a state regulatory or
disciplinary official or agency to investigate charges
alleging professional misconduct.

G. .
does .

H. means a person holding any of
the officer positions created by your charter,
constitution, by-laws, or any other similar governing
document.

I. means:

1. a. Exposure to or existence of lead, paint containing lead, or any other material or
substance containing lead; or

b. Manufacture, distribution, sale, resale,
rebranding, installation, repair, removal,
encapsulation, abatement, replacement, or
handling of lead, paint containing lead, or any
other material or substance containing lead;

whether or not the lead is or was at any time
airborne as a particulate, contained in a
product ingested, inhaled, transmitted in any
faction, or found in any form whatsoever.

2. a. Any testing for, monitoring, cleaning up, removing, abating, containing, treating or
neutralizing lead, paint containing lead, or any
other substance or material containing lead, or
in any way responding to or assessing the
effects of lead; or

b. Any request, demand, or order to test for,
monitor, clean up, remove, abate, contain,
treat or neutralize lead, paint containing lead,
or any other substance or material containing
lead, or in any way respond to or assess the
effects of lead.

3. The investigation, settlement, or defense of any
, , loss, cost or
expense excluded by 1. and 2. above.

J. means a person leased to you by a
labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related to not .

K. means the handling of
property:

1. After it is moved from the place where it is
accepted for movement into or onto an aircraft,

2. or

3. While it is being moved from an aircraft, watercraft

movement of property by means of a mechanical
device, other than a hand truck, that is not attached to .

L. means any medical facility open to
the general public. A medical clinic does not include
facilities operated for the sole treatment of your
consumers, for whom you provide professional
services.

M. means the existence of any nuclear
reactor or device, nuclear waste storage or disposal
site or any other nuclear facility, or the transportation of nuclear material, or the hazardous properties of
nuclear material.

N. means injury, other than bodily
injury, arising out of one or more of the following
offenses:

1. False arrest, detention or imprisonment;

2. Malicious prosecution;

3. The wrongful eviction from, wrongful entry into, or
invasion of the right of private occupancy of a
room, dwelling or premises that a person occupies
by or on behalf of its owner, landlord or lessor;

4. Oral or written publication of material that slanders or libels a person or organization or disparages a
r
services; or

5. Oral or written publication of material that violates

O. means:

1. Any actual, alleged or threatened emission,
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or escape of pollutants at any time; or

a. Any clean up of pollutants; or
b. Any request, demand or order for any clean
up of pollutants.

2. The investigation, settlement or defense of any
, , loss, cost or
expense excluded by 1. above.

Pollutants include any noise, solid, semi-solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, mists, acids, alkalis,
chemicals, biological and etiologic agents or materials, electromagnetic or ionizing radiation and energy,
genetically engineered materials, teratogenic,
carcinogenic and mutagenic materials, waste and any
other irritant or contaminant.

Waste includes any materials to be disposed,
recycled, reconditioned or reclaimed.

Clean up of includes monitoring, removal,
containment, treatment, detoxification or neutralization of, testing for or response in any way to, or
assessment of the effects of pollutants.

P. means any actual or alleged
negligent:

a. Act;
b. Error; or

c. Omission

in the actual rendering of professional services to
others, including counseling services, in your
capacity as a human services organization.

Professional services include the furnishing of
food, beverages, medications or appliances in
connection therewith.

essional in
interrelated or series of acts, errors or omissions shall .

Q.
are claimed and to which this insurance applies.
also includes:

1. An arbitration proceeding in which such
claimed and to which you must
submit or do submit with our consent; or

2. Any other alternative dispute resolution
claimed
and to which you submit with our consent.

R. means a person who is
furnished to you to substitute for a permanent
-term
workload conditions.

Philadelphia Indemnity Insurance Company
PI-HS-024 (04/18)
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF EXCLUSION – PRESCRIPTION/ NONPRESCRIPTION

DRUGS, SUPPLIES OR APPLIANCES
This endorsement modifies insurance provided under the following:

HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE FORM

HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY CLAIMS-MADE COVERAGE FORM
SECTION I – COVERAGE, B. Exclusions, Paragraph 5. is deleted in its entirety and replaced with the following:

5. Arising out of the prescription, utilization, furnishing, or dispensing of drugs or medical, dental, or nursing supplies or appliances, except:

a. as directed by a physician, physician assistant, nurse, or a psychologist as permitted under state law, and in the normal practice as a human services organization provider, b. the dispensing of the drug Naloxone (or reasonably equivalent drug) used in response to an opioid overdose as permitted by applicable state or federal law, or c. the dispensing of nonprescription drugs.

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

BINDING ARBITRATION
Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy.

This endorsement modifies coverage provided under the Coverage Part to which it is attached.

If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration.

When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will:

1. Pay the expenses it incurs; and

2. Bear the expenses of the third arbitrator equally.

Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding.

All other terms of the policy remain unchanged.

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ABUSIVE CONDUCT LIABILITY COVERAGE FORM
PLEASE READ THE ENTIRE FORM CAREFULLY.

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered.

Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations.

The words “we,” “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED.

Within the context of this coverage form, “this insurance” refers to the coverage provided by this Abusive Conduct Liability Coverage Form.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI – DEFINITIONS.

SECTION I – COVERAGE
A. ABUSIVE CONDUCT LIABILITY COVERAGE

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as “damages” because of “bodily injury” to which this insurance applies caused by:
(1) “Abusive conduct”;
(2)The negligent:
(a) Employment;
(b) Selection;
(c) Investigation;
(d)Supervision;
(e) Reporting to the proper authorities, or failure to so report; or (f) Retention
of any “employee,” “volunteer worker” or any other person or persons for whom the

insured is or ever was legally responsible and whose conduct would be covered by (1)

above;
(3)The negligent:

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Includes copyrighted material of Insurance Services Office, Inc., with permission. (a)Placement of adoptive or foster children;
(b)Selection or training of adoptive or foster parents; or (c)Supervision of adoptive or foster parents,
that gives rise to “claims” of “abusive conduct”;
(4)The negligent:
(a) Design;
(b) Control;
(c) Maintenance;
(d)Supervision;
(e) Inspection; or
(f) Investigation
of prospective tenants of your premises; premises in your control; or premises you have

leased to another that gives rise to “claims” of “abusive conduct”; or (5) The negligent failure to provide professional services or neglect of the therapeutic needs of a client, patient or other person because of “abusive conduct.” Subject to the above provisions, we have the right and duty to defend any “suit” seeking “damages” to which this insurance applies. However, we have no duty to defend the insured

against any “suit” seeking “damages” to which this insurance does not apply. We may at our discretion, investigate and settle any “claim” of "abusive conduct" and any “suit” that may result. But:
(i) The amount we will pay for “damages” is limited as described in SECTION III –

LIMITS OF INSURANCE ; and
(ii)Our right and duty to defend end when we have used up our applicable limit of

insurance in the payment of “damages.”
We will pay, with respect to any “claim” we investigate or “suit” we defend, any “defense

costs” we incur. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in B. EMPLOYEE AND VOLUNTEER WORKER

DEFENSE COVERAGEbelow.
b. This insurance applies to “damages” because of “bodily injury” only if:
(1)The “bodily injury” is caused by “abusive conduct” that takes place in the “coverage PI-SAM-008 (05/19)
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©2019 Philadelphia Consolidated Holding Corp.

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(2)The “abusive conduct” first occurs during the policy period.

c. “Damages” because of “bodily injury” include “damages” claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury.”

2. Exclusions
This insurance does not apply to:
a. Any “claim” or “suit” against any person who personally takes part in any “abusive conduct”; b. Any “claim” or “suit” against any person who intentionally fails to report “abusive conduct”

committed by an “employee,” “volunteer worker” or any other person for whom any insured is

legally responsible;
c. Any “claim” or “suit” against any person who commits an intentional or criminal act; d. Any “claim” or “suit” against any “employee,” “volunteer worker” or any other person for whom any insured is or ever was legally responsible if at the time of this policy’s inception any insured was aware of actual or alleged “abusive conduct” by such person; e. Liability assumed by the insured under any contract or agreement; f. Any obligation for which an insured, or any insurance carrier of the insured, may be held liable under a workers compensation, disability benefits or unemployment compensation law or any similar law;
g. Any “claim” or “suit” arising out of matters which may be deemed uninsurable; h. Any “claim” made against an insured by another insured except a “claim” made by an insured who is an “employee” or “volunteer worker,” subject to Exclusion i.below; i. Any “claim” made by or on behalf of:
(1) Your “employee” or “volunteer worker”;
(2)The spouse, child, parent, brother or sister of an “employee” or “volunteer worker” as a

consequence of “abusive conduct” to that person; or
(3) Any applicants for employment or former “employees” or “volunteer workers.” However, this exclusion does not apply in the limited instance where your “employee” or “volunteer worker” is also your client and receiving services falling within the official scope of PI-SAM-008 (05/19)
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Includes copyrighted material of Insurance Services Office, Inc., with permission. the services which you provide and the “claim” arises out of the provision of these services; j. Any “defense costs” associated with a criminal trial including appeals; k. “Abusive conduct” that predates the inception of this policy notwithstanding that such “abusive conduct” may continue into this policy period; l. Any “claim” arising out of, based upon or attributable to:
(1) Any litigation or demand against an insured pending on or before the inception of this policy, including any future litigation or demand based on the prior or pending litigation that is derived from the same or essentially the same facts as alleged in such prior litigation;
(2)Any “abusive conduct,” fact, circumstance or situation which has been the subject of any

written notice given under any other policy of insurance prior to inception of this policy; or (3)Any “abusive conduct,” fact, circumstance or situation of which, as of the inception of this policy, the insured had knowledge and from which the insured could reasonably expect a “claim” to arise; or
m. Any “claim” or “suit” arising out of sexual discrimination and/or sexual harassment, whether asserted under any federal or state statute or the common or civil law of any jurisdiction.

B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE
We will also pay on your behalf “defense costs” for an “employee” or “volunteer worker” who is alleged to be directly involved in “abusive conduct” until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no-contest.

This coverage does not apply to any “employee” or “volunteer worker” who knowingly allows the “abusive conduct.”
SECTION II – WHO IS AN INSURED
A. You are an insured.

B. Each of the following is also an insured:

1. Your directors, but only for liability arising from their duties as your directors;

2. Your “employees,” but only for liability arising within the scope of their employment duties for you;

3. Your “volunteer workers” but only for liability arising within the scope of their volunteer duties related to the conduct of your organization; and
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4. Students in training, but only for liability arising within the scope of their duties related to the conduct of your organization.

SECTION III – LIMITS OF INSURANCE
A. The limit of insurance shown in the Declarations and the rules below fix the most we will pay for all “damages” regardless of the number of:

1. Insureds;

2. “Claims” made or "suits" brought; or

3. Persons or organizations making “claims” or bringing “suits.” B. The Each Abusive Conduct Limit shown in the Declarations is the most we will pay for each “abusive conduct” incident regardless of the number of incidents involved. Two or more “claims” for “damages” because of the same “abusive conduct” shall be:

1. Considered a single “claim”; and

2. Such “claims,” whenever made, shall be assigned to only one policy (whether issued by us or any other insurer) and if that is this policy, only one Each Abusive Conduct limit of insurance shall apply.

C. The aggregate limit shown in the Declarations is, subject to Paragraph B.of this section, the total limit of our liability for all “damages” to which this insurance applies.

Multiple incidents of “abusive conduct” which take place over multiple policy periods for which this coverage is provided shall be deemed to constitute one “abusive conduct” and shall be deemed to occur only at the time of such first incident. Coverage for such “abusive conduct” shall be provided only under the policy, if any, which is in place at the time of the first such incident and shall be subject to the applicable limit of insurance in that one policy.

The aggregate limit of this Coverage Part applies separately to each consecutive annual period of this policy; and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations; unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance.

SECTION IV – DEDUCTIBLE
A. Our obligation to pay “damages” on your behalf applies only to the amount of “damages” in excess of the applicable deductible amount shown in the Declarations.

B. The Deductible applies to all “damages” that are the result of any “claim” of “abusive conduct.” C. The terms of this insurance, including those with respect to:

1. Our right and duty to defend the insured against any “suits” seeking those “damages”; and

2. Your duties in the event of an incident, “claim,” or “suit” apply irrespective of the application of the deductible amount.

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D. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.

SECTION V – ABUSIVE CONDUCT LIABILITY CONDITIONS
A. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.

B. Duties In the Event of an Incident, Claim or Suit

1. If a “claim” is made or “suit” is brought against any insured, you must provide us with written notice of the “claim” or “suit” as soon as practicable, but no later than 60 days after the “claim” is made or “suit” is brought.

2. You and any other involved insured must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “claim” or "suit";
b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation, settlement or defense of the “claim” or "suit" including the release of any personnel records of the person(s) allegedly involved in the “abusive conduct”; and
d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "abusive conduct" to which this insurance may also apply.

3. No insureds will, except at their own cost, and without recourse to this policy, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.

C. Legal Action Against Us
No person or organization has a right under this Coverage Part:

1. To join us as a party or otherwise bring us into a "suit" asking for "damages" from an insured; or

2. To sue us on this Coverage Part unless all of its terms have been fully complied with.

A person or organization may sue us to recover as a result of an “agreed settlement” or on a final judgment against an insured obtained after an actual trial, but we will not be liable for “damages” PI-SAM-008 (05/19)
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D. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows:

1. Primary Insurance
This insurance is primary except when 2.below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3.below.

2. Excess Insurance
If any insured has other insurance providing coverage similar to this insurance, then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy.

When this insurance is excess, we will have no duty to defend any “claim” or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.

We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision.

3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.

Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limit of insurance of all insurers.

E. Premium Audit

1. We will compute all premiums for this Coverage Part in accordance with our rules and rates; PI-SAM-008 (05/19)
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2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums

are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured; and

3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.

F. Representations
By accepting this policy, the insured agrees:

1. The statements in the Declarations, and in the application for insurance are accurate and complete;

2. Those statements are based upon representations made by the insureds; and

3. We have issued this policy in reliance upon those representations.

G. Transfer of Rights of Recovery Against Others To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

H. Two Or More Coverage Parts Or Policies Issued By Us
It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same “claim” or “suit.” We have exercised diligence to draft our coverage parts and policies to reflect this intention, but should the circumstances of any “claim” or "suit" give rise to such duplication or overlap of coverage, then, notwithstanding any other provision of this or any other policy, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same "abusive conduct," professional incident, occurrence, offense, wrongful act, accident or loss, “claim” or “suit,” the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one coverage part or policy.

This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy.

I. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.

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If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION VI – DEFINITIONS
A. “Abusive conduct” means all actual, threatened or alleged acts of physical abuse, sexual abuse,

sexual molestation, sexual misconduct, sexual exploitation, or sexual injury arising out of a single act, or continuous or repeated exposure of one person or two or more people to multiple acts, of a sexual

nature committed by:

1. One person; or

2. Two or more people acting together or in related acts or series of acts.

Any act or multiple, continuous, related or repeated acts of “abusive conduct” by one person or two or more people acting together will be deemed one “abusive conduct” and will be deemed to occur only when the first “abusive conduct” takes place, regardless of:
a. The number of people injured;
b. The time period, including multiple policy periods, over which the “abusive conduct” took place;
c. The number of such acts; or
d. Whether, in the case of two or more people acting together, each such person participated

in each act.

B. “Agreed settlement” means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative, and approved by us.

C. “Bodily injury” means bodily injury, sickness or disease sustained by a person. “Bodily injury” includes mental anguish, mental injury, shock, fright or death resulting from physical injury or “abusive conduct.”
D. “Claim” means any written demand for monetary relief.

E. “Coverage territory” means:

1. The United States of America (including its territories and possessions), Puerto Rico and Canada;

2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1.above; or

3. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph 1.above but is away for a short period of time on your business;
provided the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the territory described in Paragraph 1.above or in a settlement to which we agree.

F. “Damages” means a monetary:

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1. Judgment;

2. Award; or

3. Settlement,
but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages.

G. “Defense costs” mean any costs to investigate a “claim” or defend a “suit” seeking “damages.” These costs are outside the limits of insurance.

H. “Employee” includes a "leased worker" or a “temporary worker.” I. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business.

J. “Suit” means a civil proceeding in which “damages” because of “abusive conduct” to which this insurance applies are alleged. “Suit” also includes:

1. An arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or

2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which you submit with our consent.

K. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.

L. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.

August 1, 2023
Michael Malone, City Manager
City of Vallejo
555 Santa Clara Street #3
Vallejo, CA 94590
Subject: Proposition 64 Public Health & Safety Grant Cohort 3 Agreement # BSCC 910-22 Dear Malone:

Enclosed is a copy of the fully executed contract between the City of Vallejo and the Board of State and Community Corrections (BSCC) for funds awarded through the Proposition 64 Public Health and Safety Grant Cohort 3.

This document should be kept in your official project file. Please refer to Exhibit A, Scope of Work in the Grant Agreement for reporting requirements and Exhibit B, Budget Detail and Payment Provisions for grant funding reimbursement dates. Y invoices are available through the OneDrive.

If you have technical questions or require assistance, you may contact Helene Zentner, Field Representative, at (916) 838-7777 or [email protected]. The BSCC looks forward to our partnership to ensure the successful administration of your Proposition 64 Public Health and Safety Grant.

Sincerely,
Colleen Curtin
Deputy Director
Corrections Planning and Grant Programs Division
Enclosure
cc: Calvin Cho, Deputy Finance Director
Sidney Wilson, Administrative Analyst II
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC91022 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 910-22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME

CITY OF VALLEJO

2. The term of this Agreement is:

START DATE
MAY 1, 2023

THROUGH END DATE
OCTOBER 31, 2028

3. The maximum amount of this Agreement is:
$1,424,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits and attachments, which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 5
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 5
Attachment 1*Proposition 64 Public Health & Safety (Prop 64 PH&S) Grant Request for Proposals * Attachment 2 Proposition 64 PH&S Grant Program Cohort 3 Application for Funding 26 Appendix A Proposition 64 PH&S Grant Program Cohort 3 Scoring Panel Roster 1 Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Funds (attached separately)2 * This item is hereby incorporated by reference and can be viewed at:
http://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF VALLEJO

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
555 Santa Clara Street #3 Vallejo CA 94590

PRINTED NAME OF PERSON SIGNING TITLE
MICHAEL MALONE City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Ste 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06

City of Vallejo
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EXHIBIT A

SCOPE OF WORK

1. GRANT AGREEMENT – Proposition 64 Public Health & Safety Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Vallejo (hereafter referred to as the Grantee).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Prop 64 PH&S Grant Program is funded by a portion of tax revenue generated from the cultivation and retail sale of legal adult-use cannabis or cannabis products. $150,000,000 is available from the combination of the Fiscal Year 2023-24 State Budget appropriation and prior fiscal year Budget Act appropriations for local assistance grants for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 3 Grant Program, administered by the BSCC.

The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA)

B. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals (incorporated by reference) and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding which is attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Michael Malone
Title: City Manager
Address: 555 Santa Clara Street #3, Vallejo, Ca, 94590
Phone: 707-648-4576
Email:

City of Vallejo
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SCOPE OF WORK

Designated Financial Officerauthorized to receive warrants:

Name: Calvin Cho
Title: Deputy Finance Director
Address: 555 Santa Clara Street #3, Vallejo, Ca, 94590
Phone: 707-648-5412
Email: [email protected]

Project Director authorized to administer the project:

Name: Sidney Wilson
Title: Administrative Analyst II
Address: 555 Santa Clara Street #3, Vallejo, Ca, 94590
Phone: 731-343-4405
Email: [email protected]

C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that they have full legal authority to bind the entity for which they sign.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Prop 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Progress Report Periods Due no later than:

1. May 1, 2023 to June 30, 2023 August 15, 2023

2. July 1, 2023 to September 30, 2023 November 15, 2023

3. October 1, 2023 to December 31, 2023 February 15, 2024

4. January 1, 2024 to March 31, 2024 May 15, 2024

5. April 1, 2024 to June 30, 2024 August 15, 2024

6. July 1, 2024 to September 30, 2024 November 15, 2024

7. October 1, 2024 to December 31, 2024 February 15, 2025

8. January 1, 2025 to March 31, 2025 May 15, 2025

9. April 1, 2025 to June 30, 2025 August 15, 2025

10. July 1, 2025 to September 30, 2025 November 15, 2025 City of Vallejo
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SCOPE OF WORK

11. October 1, 2025 to December 31, 2025 February 15, 2026

12. January 1, 2026 to March 31, 2026 May 15, 2026

13. April 1, 2026 to June 30, 2026 August 15, 2026

14. July 1, 2026 to September 30, 2026 November 15, 2026

15. October 1, 2026 to December 31, 2026 February 15, 2027

16. January 1, 2027 to March 31, 2027 May 15, 2027

17. April 1, 2027 to June 30, 2027 August 15, 2027

18. July 1, 2027 to September 30, 2027 November 15, 2027

19. October 1, 2027 to December 31, 2027 February 15, 2028

20. January 1, 2028 to March 31, 2028 May 15, 2028

21. April 1, 2028 to April 30, 2028 June 15, 2028

Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan September 30, 2023

2. Final Local Evaluation Report October 31, 2028

C. Other Due no later than:

Financial Audit October 31, 2028

Grantees shall submit all other reports and data as required by the BSCC.

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.

Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

City of Vallejo
BSCC 910-22

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SCOPE OF WORK

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Prop 64 PH&S Cohort 3 Scoring Panel (See Appendix A) from receiving funds awarded under the Prop 64 PH&S Cohort 3 RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Prop 64 PH&S Cohort 3 Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Prop 64 PH&S Cohort 3 Scoring Panel.

B. In cases of an actual conflict of interest with a Prop 64 PH&S Cohort 3 Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, October 31, 2028. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

City of Vallejo
BSCC 910-22

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due No Later Than:

1. May 1, 2023 to June 30, 2023 August 15, 2023

2. July 1, 2023 to September 30, 2023 November 15, 2023

3. October 1, 2023 to December 31, 2023 February 15, 2024

4. January 1, 2024 to March 31, 2024 May 15, 2024

5. April 1, 2024 to June 30, 2024 August 15, 2024

6. July 1, 2024 to September 30, 2024 November 15, 2024

7. October 1, 2024 to December 31, 2024 February 15, 2025

8. January 1, 2025 to March 31, 2025 May 15, 2025

9. April 1, 2025 to June 30, 2025 August 15, 2025

10. July 1, 2025 to September 30, 2025 November 15, 2025

11. October 1, 2025 to December 31, 2025 February 15, 2026

12. January 1, 2026 to March 31, 2026 May 15, 2026

13. April 1, 2026 to June 30, 2026 August 15, 2026

14. July 1, 2026 to September 30, 2026 November 15, 2026

15. October 1, 2026 to December 31, 2026 February 15, 2027

16. January 1, 2027 to March 31, 2027 May 15, 2027

17. April 1, 2027 to June 30, 2027 August 15, 2027

18. July 1, 2027 to September 30, 2027 November 15, 2027

19. October 1, 2027 to December 31, 2027 February 15, 2028

20. January 1, 2028 to March 31, 2028 May 15, 2028

21. April 1, 2028 to April 30, 2028 June 15, 2028

Final Invoicing Periods*: Due no later than:

1. May 1, 2028 to June 30, 2028 August 15, 2028

2. July 1, 2028 to October 31, 2028 December 15, 2028

*Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.

B. All grant project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) must be incurred by the end of the grant project service period, April 30, 2028, and included on the final invoice City of Vallejo
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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
due no later than June 15, 2028. Project costs incurred after April 30, 2028 will not be reimbursed/eligible for contribution.

C. The Final Local Evaluation Report is due to BSCC by October 31, 2028.

Expenditures incurred solely for the completion of the Final Local Evaluation Report during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final invoice due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by October 31, 2028. Expenditures incurred solely for the completion of the financial audit during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final statement of expenditure due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability City of Vallejo
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of sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3)(C).

B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the Prop 64 PH&S Request for Proposals Cohort 3, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect.

In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.

C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions, or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not approve grantee expenditures for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

8. PROJECT BUDGET
Budget Line Items Grant Funds

1. Salaries and Benefits $550,000

2. Services and Supplies $1,000

3. Professional Services $18,000

4. Non-Governmental Organization (NGO) Subcontracts$780,000

5. Indirect Costs / Administrative Overhead
(may not exceed 10% of grant award) $0

6. Equipment / Fixed Assets $50,000

7. Data Collection / Enhancement $5,000

8. Program Evaluation $10,000

9. Sustainability Planning $0

10. Other (include travel & training costs) $0

11. Financial Audit $10,000
TOTALS $1,424,000
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

General Terms and Conditions – GTC 04/2017

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

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8. INDEPENDENT CONTRACTOR:Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE:During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractorsshall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 ( https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12.TIMELINESS:Time is of the essence in this Agreement.

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13.COMPENSATION:The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

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A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) City of Vallejo
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SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Proposition 64 PH&S Cohort 3 Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

D. Grantee shall immediately notify the BSCC if there is change in circumstances so that grantee no longer meets the eligibility criteria of the Proposition 64 PH&S Cohort 3 Program Request for Proposals. Grantee must immediately notify the BSCC if there is a change in grantee’s nonprofit status or loss of good standing in the State of California (e.g., suspension or rescission of legal status by the Secretary of State for any reason, including but not limited to, failing to file forms, paying required fees, or making tax payments).

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposal and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

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B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Prop 64 PH&S Grant Cohort 3 RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

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5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit within no later than the end of the contract term (October 31, 2028). The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix F of the original Proposal Package).

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7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding. Changes shall not be implemented by the project until authorized by the BSCC.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement; and
4) if grantee no longer meets the criteria of an eligible applicant. A grantee no longer meets the criteria of an eligible applicant if grantee’s nonprofit status changes or grantee is no longer in good standing with the State of California. A loss of good standing may include suspension or rescission of legal status by the California Secretary of State for any reason, including but not limited to, failing to file forms, pay required fees, or making tax payments.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.

Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual City of Vallejo
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information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

10.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

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APPENDIX A
PROPOSITION 64 PH&S GRANT PROGRAM COHORT 3

SCORING PANEL ROSTER

Name Title Organization
1 Guillermo Viera Rosa
(Chair)
BSCC Board Member
Director, Div. of Adult
Parole
CA Department of Corrections
and Rehabilitation
2 Devin Gray Policy Research Department of Cannabis Control – Policy and Research Division
3 Jim Keddy Director Youth Forward
4 Ata Khan Planning Manager City of Pomona – Development Services
5 Charles Smith Commander Department of Cannabis Control – Law Enforcement Division
6 America Velasco Pre-Trial Services
Coordinator Solano County Superior Court
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APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program Cohort 3 Request for Proposals (RFP) includes requirements that apply to non-governmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Cohort 3 funds. The RFP describes these requirements as follows:

The Prop 64 PH&S Grant Program Cohort 3 RFP includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Grant Program Cohort 3 funds.

The RFP describes these requirements as follows.

Any non-governmental organization that receives Prop 64 PH&S Grant Program Cohort 3 funds (as either subgrantee or subcontractor) must:

Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement (i.e., December 1, 2022) with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement.

Be registered with the California Secretary of State’s Office, if applicable; Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
Have a physical address.

Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other non-governmental agency or individual. Note: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).

City of Vallejo
BSCC 910-22

Page 2 of 2 ends

APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee: City of Vallejo
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Prop 64 PH&S Grant Program Cohort 3 RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not disburse or reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS
SIGNATURE (Blue Ink Onlyor E-signature) DATE
x
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes No
Yes No
Yes No
Yes No

(Up to $25,000 may be allocated for an end of project financial audit.) (Costs may be charged at an amount not to exceed ten percent (10%) of the actual total direct project costs.) Note: This top table will auto-populate based on the information entered in the sections below.

ACTION ITEM 9.A.

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE CULTURE & THE ARTS

COMMISSION (CAC), CODE ENFORCEMENT APPEALS BOARD (CEAB), MEASURE P CITIZENS' OVERSIGHT COMMITTEE (DISTRICTS 1 & 2 MEMBERS), SURVEILLANCE ADVISORY BOARD (DISTRICT 3 MEMBER), SOLANO COUNTY MOSQUITO

ABATEMENT DISTRICT (SCMAD) BOARD, AND THE SOLANO TRANSPORTATION

AUTHORITY (STA) PEDESTRIAN AND ADVISORY COMMITTEE (PAC)

RECOMMENDATION
Council to adopt a resolution taking the following actions:

1. Making appointments to CAC - 2 vacancies

2. Making an appointment to CEAB- 1 vacancy

3. Making an appointment to the Measure P Advisory Committee - District 1 and 2 Members

4. Making an appointment to SAB - District 3 Member

5. Making an appointment as Vallejo's representative to SCMAD

6. Making an appointment as Vallejo's representative to STA PAC

REASONS FOR RECOMMENDATION
A number of vacancies on City Commissions exist. Interviews were conducted at a Special City Council meeting held January 30, 2024 Except for one applicant, all other applicants attended and participated in the interviews. According to the City Council's procedure for selecting commissioners, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which is February 13.

BACKGROUND AND DISCUSSION
Since last fall, a number of vacancies on City boards and commissions exist. On January 9, 2024, a new press release was issued to advise the public concerning these vacancies and for seats held by members whose terms expired on December 31, 2023. The notice was posted on the City's various social media platforms. The filing period for these vacancies was left open until a sufficient number were received by the City Clerk's Office. The City Clerk's Office received a sufficient number of applications for some of the vacancies and on January 30, the City Council conducted applicant interviews.

The application filing period remains open for the following, since only a few or no applications have been received:
• McCune Collection Commission (MCC) - 1 vacancy
• Participatory Budgeting Steering Committee - 3 alternate vacancies • Surveillance Advisory Board - District 1
• Housing Authority Board of Commissioners - 1 tenant member vacancy

Date: February 13, 2024
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE CULTURE & THE ARTS

COMMISSION (CAC), CODE ENFORCEMENT APPEALS BOARD (CEAB), MEASURE P CITIZENS' OVERSIGHT COMMITTEE (DISTRICTS 1 & 2 MEMBERS), SURVEILLANCE ADVISORY BOARD (DISTRICT 3 MEMBER), SOLANO COUNTY

MOSQUITO ABATEMENT DISTRICT (SCMAD) BOARD, AND THE SOLANO

TRANSPORTATION AUTHORITY (STA) PEDESTRIAN AND ADVISORY

COMMITTEE (PAC)

Page 2 ends

• Solano Commission for Women & Girls - Vallejo representative

Applicant interviews were conducted with the Council on January 30. Except for 1 applicant, the remainder attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Those applicants who participated in the interviews are presented to the City Council for consideration.

Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.

CAC
Chapter 2.32 of the Vallejo Municipal Code currently provides for a Commission on Culture & the Arts to consist of seven members who shall be residents of the City.

Presently there are 2 vacancies due to terms expiring on December 31, 2023. Six applications were received and four participated in the interviews with the City Council held on either November 7, 2023 or January 30, 2024. The applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the two vacancies, the appointments shall be made for terms to commence from the date of appointment and expire on December 31, 2027.

CEAB
Chapter 2.49 of the Vallejo Municipal Code provides for a CEAB to consist of 7 members who shall be residents of the City.

Due to a term expiring on December 31, 2023, a vacancy exists. One application was received and the applicant participated in the interviews held on January 30. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term to commence from the date of appointment and expire on December 31, 2027.

Measure P Citizens' Oversight Committee
Section 3.30.170 of the Vallejo Municipal Code provides for a Measure P Citizens' Oversight Committee to consist of 7 members, all of whom shall be residents of the City of Vallejo. Councilmembers and the Mayor shall appoint one member. Members appointed by Councilmembers shall be residents of the corresponding Council District of the appointment Councilmember. The member appointed by the Mayor may reside anywhere in the City. Each member shall serve for a term of 2 years except that initial terms for some seats may be shorter to comply with section 2.26.030B of the Municipal Code.

Presently, a District 1 and District 2 vacancy exists. One application was received for District 1 and the applicant participated in the interviews held on January 30. The applicant is presented to Councilmember Verder-Aliga (District 1 councilmember) for consideration. The term for appointment shall commence from the date of appointment and expire on October 10, 2024.

Two District 2 applicants were interviewed by the Council on September 18, 2023. One of the two applicants Date: February 13, 2024
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE CULTURE & THE ARTS

COMMISSION (CAC), CODE ENFORCEMENT APPEALS BOARD (CEAB), MEASURE P CITIZENS' OVERSIGHT COMMITTEE (DISTRICTS 1 & 2 MEMBERS), SURVEILLANCE ADVISORY BOARD (DISTRICT 3 MEMBER), SOLANO COUNTY

MOSQUITO ABATEMENT DISTRICT (SCMAD) BOARD, AND THE SOLANO

TRANSPORTATION AUTHORITY (STA) PEDESTRIAN AND ADVISORY

COMMITTEE (PAC)

Page 3 ends

was appointed by Councilmember Matulac (District 2 councilmember) on October 10, 2023. Since that time, a District 2 vacancy has occurred. It is Councilmember Matulac's desire to appoint the second applicant, Loretta Gaddies as the District 2 member to the Committee. The term of appointment shall commence from the date of appointment and expire on October 10, 2025.

SAB
Chapter 2.27 of the Vallejo Municipal Code currently provides for a SAB to consist of seven members, one from each council district and one at large member appointed by the Mayor.

Presently, a District 1 and a District 3 vacancy exist. One application was received for District 3 and the applicant participated in the interviews held on January 30. The applicant is presented to Vice Mayor Loera- Diaz (District 3 councilmember) for consideration. The term for appointment shall commence from the date of appointment and expire on January 2, 2025.

SCMAD
The SCMAD is governed by an 8-member Board of Trustees. One trustee is appointed by each incorporated city or town, with an additional representative appointed by the Solano County Board of Supervisors. To be appointed, the member must be a resident voter of the representative municipality in the District. At the discretion of the appointing body, the trustee serves a two-or-four-year term without compensation, but does receive an in lieu travel expense of $100 for attending each regularly scheduled board meeting.

Due to a term expiration, a vacancy for Vallejo's representative to the SCMAD exists. One application was received and the applicant participated in the interviews held on January 30. The applicant is presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancy, the appointment shall be made for a term to commence from the date of appointment and expire 4 years from date of appointment, which is February 13, 2028.

STA PAC
The STA PAC advises the STA on the development of pedestrian facilities as an active mode of transportation in Solano County. The PAC is responsible for making funding recommendations for Solano Countywide pedestrian projects and participates in the development and review of comprehensive pedestrian plans.

The committee includes 12 members with representation from each of the 7 cities, County of Solano and 3 at- large members. Representatives for the cities and the county are required to be residents of those jurisdictions. Appointments are for a 3-year term and are voluntary.

Due to a term expiration on December 31, 2023, a vacancy for Vallejo's representative to the PAC exists. One application was received and the applicant participated in the interviews held on January 30. The applicant is presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancy, the appointment shall be made for a term to commence from the date of appointment and expire December 31, 2026.

Staff will continue its efforts to solicit interested applicants for the remaining vacancies to the MCC, PBSC, SAB-District 1, Housing Authority Board of Commissioners - tenant commissioner, and the Solano Date: February 13, 2024
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE CULTURE & THE ARTS

COMMISSION (CAC), CODE ENFORCEMENT APPEALS BOARD (CEAB), MEASURE P CITIZENS' OVERSIGHT COMMITTEE (DISTRICTS 1 & 2 MEMBERS), SURVEILLANCE ADVISORY BOARD (DISTRICT 3 MEMBER), SOLANO COUNTY

MOSQUITO ABATEMENT DISTRICT (SCMAD) BOARD, AND THE SOLANO

TRANSPORTATION AUTHORITY (STA) PEDESTRIAN AND ADVISORY

COMMITTEE (PAC)

Page 4 ends

Commission for Women & Girls - Vallejo representative.

Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted at the special meeting on January 30. Appointments to these advisory bodies are before the City Council this evening for consideration.

FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.

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 Making Appointments to Various Commissions 2.13.24 CAO Stamp

2. List of Applicants for Appointment 2.13.24

CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4527
[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

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards and commissions may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

The following persons are appointed to the Commission on Culture + Arts – 2 vacancies (terms to expire 12/31/27):

1. ____________________ - term to expire 12/31/27

2. ____________________ - term to expire 12/31/27
The following person is appointed to the Code Enforcement Appeals Board – 1 vacancy (term to expire 12/31/27):

1. _________________________ - term to expire 12/31/27
The following person is appointed to the Measure P Advisory Committee – District 1 Member (term to expire 10/10/24):

1. _________________________ - term to expire 10/10/24
The following person is appointed to the Measure P Advisory Committee – District 2 Member (term to expire 10/10/25):

1. _________________________ - term to expire 10/10/25
The following person is appointed to the Surveillance Advisory Board – District 3 Member (term to expire 1/2/25):

1. _________________________ - term to expire 1/2/25
The following person is appointed as Vallejo’s representative to the Solano County Mosquito Abatement District (SCMA) Board (term to expire 4 years from date of appointment)

1. _________________________ - term to expire 2/13/28 The following person is appointed as Vallejo’s representative to the Solano Transportation Authority (STA) Pedestrian Advisory Committee (PAC) (3-year term to expire 12/31/26)

1. _________________________ - term to expire 12/31/26 Adopted by the City Council of the City of Vallejo at a regular meeting held on February 13, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Eligible Applicants For Appointment
February 13, 2024
Commission on Culture + Arts -2 (terms to expire 12/31/27) Daniel Weiss
Margarett Miller
Jennifer Pierdant
Sherryl Weston
Measure P Oversight Committee-District 1 Member Only (term to expire 10/10/24) Kanat Tibet
Measure P Oversight Committee-District 2 Member Only (term to expire 10/10/25) Loretta Gaddies
Surveillance Advisory Board-District 3 Member Only (term to expire 1/2/25) Phillip Thomas
Solano County Mosquito Abatement District (SCMA) Board – 1 (term to expire 4 year term to expire according to the appointment date)
*Daniel Glaze
Solano Transportation Authority (STA) Pedestrian Advisory Committee (PAC) – 1 vacancy (term to expire 12/31/26)
*Teresa Booth
Code Enforcement Appeals Board - 1 (term to expire 12/31/27) *Fred Cavalli
ACTION ITEM 9.B.

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
Rekha Nayar, Finance Director
SUBJECT: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

RECOMMENDATION
Provide notice of intent to amend the City's Fiscal Year 2023-24 Adopted Budget.

REASONS FOR RECOMMENDATION
The City annually reviews revenues and expenditures at the middle of the fiscal year (Mid-Year) to adjust budgeted revenues, expenditures, and transfers based upon actual experience during the first six months of the fiscal year and updated projections for anticipated revenues and expenditures during the second half of the year. This notice of intent is the first step in a two-step process to amend the budget in order to reflect changes in revenues, expenditures, transfers, and staffing that have been identified since the approval of the FY 2023-24 Adopted Budget in June 2023.

BACKGROUND AND DISCUSSION
This is the first step of the required two-step budget amendment process to amend the FY 2023- 24 Adopted Budget. City Council will consider tonight’s notice of intention to amend the budget. If the City Council approves tonight's recommendation, the final action will be scheduled for City Council’s consideration on February 27, 2024. This amended budget would go into effect on February 28, 2024.

This report updates FY 2023-24 financial projections for the General Fund and proposes current year budget amendments for all funds to reflect the City’s evolving economic condition and operational needs.

The discussion below is presented in the following sections:

I. General Fund FY 2023-24 Projections
A. FY 2023-24 General Fund Revenue Changes
B. FY 2023-24 General Fund Expenditure Changes
C. Draw from Assigned Reserve
D. Draw from Restricted Reserve
II. Other Funds: Changes of Note

III. Staffing Changes Included in Midyear

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 2 ends

The summary of all the Midyear changes discussed below is included in Exhibits 1 and 2.

I. General Fund FY 2023-24 Projection
In the face of unprecedented challenges, our proposed budget reflects the dynamic economic landscape of the City of Vallejo. The repercussions of the pandemic and shifts in labor and housing markets have impacted various industries. Despite uncertainties, staff is aiming for fiscal stability into 2024. Guided by the directives of our Council and City manager, we focus on navigating uncertainties, upholding fiscal responsibility, and fostering an environment conducive to economic revival. Recognizing challenges, we strive to balance essential and non-essential spending priorities within a $1.5 million fund limit to continue maintaining a balanced budget. As we enter 2024, we maintain a cautious optimism, prepared to adapt and guide our community towards sustainable growth and resilience. Notably, our general fund balance remains around 19%, and staff work diligently to ensure the city's good financial health.

City staff worked with the State, County, and our consultants to provide reasonably accurate and cautious forecasts for expected revenue trends.

Below is a summary of the updated General Fund projections:

A. FY 2023-24 General Fund Revenue Changes
General tax revenues are expected to increase by $158,000 from the prior projection as follows:
• Property tax revenue has decreased by $1,447,000 over the previous projection which, includes $799,000 decrease in vehicle license fee. This is based on the current information derived from Solano County's most recent report.
• Based on our consultant’s sales trends, we anticipated an increase of $262,000 in sales tax revenue as compared to budgeted numbers. Sales tax revenue is attributed to autos and transportation, inflation and interest rate trends, labor costs, fluctuating prices of taxable products and consumer spending.
• Transient Occupancy Tax decreased by $675,000 due to lower occupancy and default payments on several hotels.
• The franchise tax increased by $642,000 based on current trends resulting in revenue growth from garbage (Recology) and PG&E rate tariff increase.
• Utility User's Tax increased by $462,000 based on current trends resulting in gas & electric rate increase in 2024.
• The Marijuana Tax declined by $400,000 due to the closure of two dispensaries and decreased sales.
• The business license tax is anticipated to increase by $26,000 based on revenue trends to date.
• SB 90 mandated cost increased by $365,000 resulting from a state audit.

Departmental program revenues are expected to increase by $834,000 due to increase in permit fees and COPS grant extension by a year.

B. FY 2023-24 General Fund Expenditure Changes
Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 3 ends

Midyear Departmental budget changes of note are as follows:

City Clerk:
• Increase of $20,000 to fund Inland mailroom copy machine.

City Manager:
• Increase of $18,000 for staff training and travel expenses. • An increase of $40,000 for a fleet vehicle for the Assistant City Manager (ACM) position like the current one used by the ACM needs to be returned to the Housing Department.

Economic Development:
• Decrease of $119,856 for Tourism Matching Expenditure due to revenue decreasing on the pass-through account.

Fire:
• An additional $80,000 for Annual Firefighter Physicals. Per the IAFF MOU, the department is required to provide physicals for all firefighters. The physical screenings include pre-cancer screenings as well as other significant preventative screenings that are imperative for the health and safety of firefighters.

Information Technology:
• Increase of $60,000 for additional Rbrik-Backup expansion space for the Police Department which is part of the government security cloud for Police California Law Enforcement Telecommunications System (CLETS).

Planning and Development Services:
• Increase of $15,000 for the Smart Plan Check table screen-computer which is needed to electronically check and review large plan sets.
• To recognize the 2023 Regional Early Action Planning (REAP) grant in the amount of $40,884 for work on the City’s Housing Element. This grant supports advance planning activities for the production or streamlining of housing.

Police:

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 4 ends

• Increase of $61,000 for Pre-Employment Background services which are necessary for the hiring of Police Department staff. There is an emphasis on hiring due to low Police Officer and Dispatch staffing and high vacancy numbers.
• The Police Department was awarded the Fiscal Year 2022 Byrne Discretionary Community Project grant from the Bureau of Justice Assistance for a Mobile Mental Health Response Unit Pilot Program. The grant award included the funding of a vehicle for the program to be used by the mobile mental health team; a transfer of $44,309 to Fund #502 Fleet for vehicle purchase.

Public Works:
• $13,000 for landscape maintenance contract increases. • $100,000 for Project PW9709 grant funded pedestrian crossing project to continue staff design work and ensure completion of the construction.
• $300,000 for restoration cost related to a backup generator fire on January 21, 2024. • $100,000 for additional security services due to increased meetings for Council and commissions.
• $100,000 due to increased cost for gas and electricity. • $56,000 due to increased cost for janitorial expenses and services. • $220,000 for fuel and oil supplies needed for the City’s fleet vehicles. • Clean up to remove cost distribution for $20,440.

City Wide:
• $74,072 for a new Homelessness JPA being formed.
• $200,000 for the increased cost of the County Animal Shelter.

C. Draw from Assigned Reserves

Staff is proposing to use $4,950,000 for (1) staffing support and retention, (2) subsequent year's budget, (3) stipulated agreement, and (4) City's match for Mare Island NPS grant.

(1) Staffing support and retention:
• The council approved a salary increase for VPOA for (a) 8% one-time increase and (b)

10.16% a COLA increase. $2,000,000 from 2022-23 year-end assigned funds will be utilized to cover VPOA contract increases.

(2) Subsequent Year's Budget:
• $1,500,000 for the Midyear budget increases. All the Midyear General Fund net budget increase of $1,390,000 will be covered by the assigned fund.

(3) Stipulated Agreements:$700,000 is being budgeted for CalDOJ agreements relating to improvements within the Vallejo Police Department
Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 5 ends

.
(4) Mare Island NPS Grant Match
• $750,000 to be used for City’s local match to receive a $750,000 NPS Grant.

D. Draw from Restricted Reserves

Restricted Funds are those that are legally restricted to be expended for specific purposes.

For FY 2023-24, staff is proposing to budget $54,000 which will be used for tech surcharge and permit coordination.

II. Other Funds: Changes of Note
Capital Grant and Contribution Fund (#221)
• The Association of Bay Area Governments (ABAG) issues grants to promote the construction of the 515-mile Bay Trail around the San Francisco Bay, and the agency recently awarded $200,000 in additional funding to Solano Transportation Authority (STA). The City executed a funding agreement with STA on September 16, 2021, to allow for the pass through of grant funds collected to be used for the Bay Trail/Vine Trail Gap Closure Project. Upon approval by Council, the FY 2023-24 Capital Improvement budget shall be amended to recognize this grant revenue in the amount of $200,000 from STA and to appropriate funds in the same amount to the Bay Trail/Vine Trail Gap Closure Project (PW9802). • Decrease funding of $470,000 for Project Homekey as per the grant agreement, the City would receive additional funds in the amount of $470,000 (“bonus award”) if the project achieved full occupancy within eight months of the Award Date. If the bonus award was received, the City would have been awarded a total award amount of $12,091,866.00. The project was not able to meet the 8-month full occupancy timeline to be eligible for the bonus award, making the grant award amount received $11,621,866.

Water Funds (#401- #411)
Items to note in the Water Funds include:
• The City will receive $2,443,357 under the California Water and Wastewater Arrearage Payment Program to cover unpaid bills for residential and commercial water service customers. The program is intended to provide relief to water and wastewater systems for water debt related to the COVID-19 pandemic.

Fleet Vehicle Fund (#501)
• Increase of $220,000 for fuel and lube supplies.

Fleet Equipment Replacement Fund (#502)
• The Public Works Maintenance Division is responsible for maintaining a comprehensive Fleet Equipment Replacement Program designed to manage the fleet for all City departments. City Council approved the Fiscal Year 2023-24 Fleet Replacement Schedule on June 13, 2023, via Resolution No. 23-097. It has been determined that three additional units need to be added to said schedule. Unit 501 (2015 Ford Fusion) assigned to the Housing Department was involved Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 6 ends

in an accident and declared a total loss. Budget from the Housing Fund in the amount of $20,000 will supplement insurance proceeds of approximately $15,000 to provide a total of approximately $35,000 for the replacement of the Housing Department's unit. A different unit belonging to the Housing Department had been temporarily assigned to the City Manager’s Office, but it must now be returned. General Fund budget in the amount of $40,000 is being requested for the purchase of a new unit to be assigned permanently to the City Manager’s Office. Both units will be purchased from Downtown Ford of Sacramento, CA, through a cooperative agreement with the California Department of General Services.The Police department has purchased a 2023 Ford Transit Connect from All-Star Ford of Pittsburg using funding from Fiscal Year 2022 Byrne Discretionary Community Project grant from the Bureau of Justice Assistance for a Mobile Mental Health Response Unit Pilot Program. There is no general fund impact on the purchase of a police vehicle.

III. Staffing Changes Included in Midyear
The Salary Plan prescribes the number of regular positions authorized for each department and division of the City and provides the City’s salary schedules.

Exhibit 2 A is the Authorized Full-Time Equivalent (FTE) Listing.

The following outlines recommended changes to the Authorized Full-Time Equivalent (FTE) Listing.

Many of the proposed staffing changes are to better align with changing business needs.

City Attorney (General Fund #001)

The proposed changes will have an impact of $31,902 on the current budget and a net annual cost of $76,565 for the General Fund's future expenditure.

City Manager (General Fund #001)

The City Manager Office will be removing the limited term title for the Administrative Analyst II funded through ARPA which expires on 6/30/25. There is no cost impact until FY 25/26.

Finance (General Fund #001)

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 7 ends

The proposed changes will have a net savings of $758 on the current budget and an annual savings of $1,820 to the General Fund's expenditure. The current Administrative Analyst II is funded through ARPA up to 6/30/25 after which will be funded by the General Fund and removing limited term for Finance Manager. These reclassifications will place the Finance Department in a better position to manage the Budget division.

Human Resources (General Fund #001)

The proposed changes will have an impact of $8,895 on the current budget and a net annual cost of $21,349 for the General Fund's future expenditure.

Information Technology (General Fund #001)

The proposed change will have an impact of $98,123 on the current budget and an annual cost of $235,494 to the General Fund’s future expenditure. This new classification will help monitor our system looking for cyber attacks and detection of hackers which could also decrease our insurance premium.

Planning & Development Services (General Fund #001)
The P&DS department is requesting a Temporary Clerk to help with scanning permits into system.

The proposed change will have an impact of $32,000 on the current budget.

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 8 ends

Police (General Fund #001)

The proposed changes will have a net savings impact of $20,299 on the current budget and an annual savings of $48,735 for the General Fund’s future expenditure.

The Police Department will be unfreezing One (1) Police Lieutenant position and freezing Eleven (11) Police Officer positions to help support the growth of the Department of Justice (DOJ) division and stimulate the need for staff in this department.

Public Works (General Fund #001)

The proposed change of moving the budget for Landscape Inspector from the Maintenance Budget to the Engineering Budget has no cost impact.

The Public Works department is requesting a Temporary Account Clerk to help with the transition to the new ERP system. The proposed change will have an impact of $25,000 on the current budget.

Water Department (Water Fund #401)

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 9 ends

These proposed changes will have a net savings of $44,297 on the current budget and an annual savings of $106,311 to the Water Fund.

Summary of recommended staffing changes: 11 net new positions; 19 new positions, deletion of 8 positions, unfreeze 1 position, and freeze 11 positions.

Exhibit 2 B is the proposed updated Salary Schedule, including the following proposals and updates:

Staff propose the following salary increase:
• Based on the results of a study for the position of Law Office Supervisor, staff recommend changing the grade from 398 at $109,509 to grade 487 at 136,760. An increase in the salary of this classification is to ensure internal equity with City positions requiring similar skills. This salary increase will be effective the first full pay period after the council’s midyear budget approval.

Addition of New Classifications:
• The new classification series of Crime Scene Investigator I, Crime Scene Investigator II, and Senior Crime Scene Investigator were added to the City’ Master Classification List through approval of the Civil Service Commission in their regular meeting on January 8, 2024. There is only a request to allocate one (1) Senior Crime Scene Investigator in midyear 23-24. Crime Scene Investigator I/II positions will be requested at a future council meeting. These classifications were set at the following ranges on the City of Vallejo’s Salary Schedule:
o Crime Scene Investigator I: Range 290
o Crime Scene Investigator II: Range 329
o Senior Crime Scene Investigator: Range 368
• The new classification of Cybersecurity Information Systems Officer was added to the City’s Master Classification List by approval of the Civil Service Commission at their regular meeting on January 8, 2024. There is a request to add one (1) Cybersecurity Information Systems Officer in midyear 23-24. This classification was set at range 547 of the City of Vallejo’s IBEW CAMP UNREP Salary Schedule.

Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 10 ends

Addition/Correction of Existing Classifications:
• The classification title of Community Engagement Manager was added to the salary schedule to correct a title error from midyear 22-23. This classification was added to the City’s Master Classification List by approval of the Civil Service Commission in their regular meeting on June 13, 2022. One (1) Community Engagement Manager was added midyear 22-23. The classification of Community Engagement Manager was set at range 565 of the City of Vallejo’s Salary Schedule.
• The classification title of Water Resources Manager was added to the salary schedule to reflect that the classification was added to the City’s Master Classifications List through approval of the Civil Service Commission in their regular meeting on March 13, 2023. One (1) Water Resources Manager was added midyear 22-23. The classification of Water Resources Manager was set at range 576 of the City of Vallejo’s Salary Schedule.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. If the City Council approves tonight's recommendation, the fiscal impact of the final action that is scheduled for City Council consideration on February 27, 2024 will be as follows:

1. The proposed increase in General Fund expenditures by $2,784,396 and transfer out by $ 2,268,308 will be funded by the draw in assigned and restricted fund balance and increase in revenues.

2. To fund the other expenses using the restricted reserve of $53,899.

3. The Water Fund expenditure budget will decrease by $44,297 and revenue will increase by $2,443,357 due to the anticipated state remittance under the California Water and Wastewater Arrearage Payment Program.

4. For Midyear, all Other Funds expenditure and transfer out budget will increase by $3,669,244. These additional costs will be covered by increased revenues and transfer in of $3,416,801 and fund balance.

Exhibit 1 summarizes the proposed financial impact on the overall City budget, including the General Fund and all other funds.

Exhibit 2 summarizes the proposed staffing changes and changes to the salary schedule for specific classifications.

In total, the proposed amendments to the number of authorized positions and salary increase amount to $191,045 in General Fund impact, and a decrease of $44,297 in Water Funds impact, for a total fiscal impact of $146,748 for the remainder of the fiscal year.

The City will maintain a General Fund Unassigned fund balance of 17.5% with the proposed Midyear changes, which is above the 15% recommendation. This does not include Measure P revenue.

ENVIRONMENTAL REVIEW
Date: February 13, 2024
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET, MID-YEAR (STEP 1 OF 2)

Page 11 ends

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. Exhibit 1 FY 23-24 Midyear Budget 02-13-2024

2. Exhibit 2 A FY 23-24 FTE Listing

3. Exhibit 2 B - Salary Schedules

CONTACT
Rekha Nayar, Finance Director (707) 648-4592
[email protected]

Exhibit 1
2023-24 Midyear Budget Review
Proposed Budget Adjustments

SUMMARY
Revenue Transfer In Expenditure Transfer out Fund Balance 1 Ref # General Fund
Transfer out to General Fund and Unappropriated
Reserve Fund to match actual 2,972,161 -
Transfer from Measure B (2,972,161) -
- - - - - Increases (Decrease) in Projected Revenues:
1 Property-related taxes (1,447,288) -
2 Sales tax 262,226 -
3 Other unrestricted revenues (including offsets) 509,192 - (675,870) - - - - 4 Program revenues 834,143 -
Total Revenue Adjustments 158,273 - - - - Increase (Decrease) in Projected Expenditures:

Salaries & Benefits, and related expenditures:
5 Fire (361,053) -
6 Police (4,185,610) -
7 Planning & Development Services (600,128) - 8 Economic Development (89,456) -
9 Public Works (932,315) -
10 Administration (740,393) -
11 Citywide 7,100,000 -
Subtotal - - 191,045 - - Departmental expenditures:
12 Police 16,691 44,309 - 13 Fire 80,000 - - 14 Planning & Development Services 55,884 - - 15 Economic Development (119,856) - - 16 Public Works 248,560 620,000 - 17 Administration 38,000 100,000 - 18 Citywide 274,072 -
Total Expenditure Adjustments - - 593,351 764,309 - Total Salaries & Expenditures - - 784,396 764,309 - Draw from Assigned Reserve
19 City Programs, General Fund Subsidies and Transfers 2,000,000 1,450,000 (4,950,000) Subtotal - - 2,000,000 1,450,000 (4,950,000) Net Draw from Assigned Reserves - - 2,000,000 1,450,000 (4,950,000) Draw from Restricted Reserve
20 City Programs, General Fund Subsidies and Transfers - 53,899 (53,899) Subtotal - - - 53,899 (53,899) Net Draw from Restricted Reserves - - - 53,899 (53,899) Net Operational Change 158,273 - 2,784,396 2,268,208 (5,003,899) - - - - Total General Fund 158,273 - 2,784,396 2,268,208 (5,003,899) Ref # Other Funds
21 Mare Island Base Reuse Fund # 107 - - 10,000 - (10,000) 22 Mare Island CFD 2002-1 Fund # 112 - - 30,000 - (30,000) 23 Mare Island CFD 2005-1A Fund # 113 - - 5,000 - (5,000) 24 Solid Waste Disposal Fund # 135 448,593 - 406,604 - 41,989 25 Hiddenbrooke Community Service Fund # 138 - - 39,000 - (39,000) 26 Town & Country I LMD Fund # 165 - - 5,000 - (5,000) 27 Greenmont/Seaport LMD Fund # 168 - - 5,000 - (5,000) 28 Bordoni Ranch LMD Fund # 177 - - 10,000 - (10,000) 29 N/E Quadrant LMD Fund # 178 - - 24,000 - (24,000) 30 Town & Co9untry II LMD Fund # 184 - - 6,000 - (6,000) 31 Glen Cove III LMD Fund # 185 - - 40,000 - (40,000) 32 Capital Outlay Fund # 201 200,000 1,963,899 2,163,899 - - 33 Capital Grant and Contribution Fund # 221 480,000 - 480,000 - - 34 Water Fund # 401 2,443,357 - (44,297) - 2,487,654 35 Corporation Shop Fund # 501 - 220,000 340,432 - (120,432) 36 Equipment Replacement Fund # 502 20,000 84,309 104,309 - - Total, 2023-24 Other Funds Adjustments 3,591,950 2,268,208 3,624,947 - 2,235,211 - - - - - Note: 1 Draw from assigned reserves -
(continued)
City of Vallejo

TRANSACTION TYPE
1 of 6
Proposed Budget Adjustments - Supporting Detail
Revenue Transfer In Expenditure Transfer out Fund Balance 1 Ref # General Fund
Revenues
General Tax and Other Unrestricted Revenues:

To update general tax/unrestricted revenues to match current projections:

Property-related taxes:
1 Property Tax (648,083)
1 SB 1096 Vehicle License Fee (799,205)
Sales Tax
2 Sales Tax 569,032
2 Transaction and Use Tax (306,806)
Other unrestricted revenues:
3 Transient Occupancy Tax (675,344)
3 Franchise Tax 641,651
3 Utility Users Tax 466,220
3 Cannabis Tax (400,000)
3 Business License Tax 25,650
3 Pet License (12,026)
3 SB 90 Mandated Cost 365,051
3 Accumulated Interest 97,990
Subtotal others 509,192 - - - - Subtotal General tax and others (675,870) - - - - Program Revenues
To update department revenue projections:

Economic Development Department
4 Tourism Business Improvement District (119,856)
(119,856) - - - - Fire
4 East Vallejo Fire District 26,875
4 Plan Review Fees 75,000
Subtotal - Fire 101,875 - - - - Police
4 Federal Grant (COPS) 800,000
4 Private Company (151,606)
Subtotal - Police 648,394 - - - - Planning and Development Services
4 Building Fees 125,944 -
4 Planning Fees 61,498
4 Code Enforcement 16,288
Subtotal - Planning and Development Services 203,730 - - - - Subtotal - Program Revenues 834,143 - - - - Subtotal, Revenues 158,273 - - - - (continued)
2 of 6
Proposed Budget Adjustments - Supporting Detail, Continued Ref# Expenditures Revenue Transfer In Expenditure Transfer out Fund Balance 1 Salaries & Benefits, and related expenditures
Salaries & Benefits:

Anticipated Compensation Increases (Specific Classifications) 10 City Attorney (Law Office Supervisor) 16,182
16,182 -
Salaries Saving Budget to Departments
5 Fire (361,053)
6 Police (4,165,311)
P&DS
7 Admin (106,195)
7 Planning (107,664)
7 Building (157,756)
7 Code Enforcement (260,513)
8 Economic Development (89,456)
9 PW (957,315)
10 City Manager's Office (128,121)
10 City Attorney's Office (229,545)
10 Finance (259,824)
10 HR (242,729)
10 Information Technology (34,518)
11 Citywide 7,100,000
Subtotal of Salaries Saving Budget - - - - - Police
6 Delete Sr. Police Assistant (51,110)
6 Adding Sr. Crime Scene Investigator 61,859
6 Adding (2) Administrative Clerk - C 73,000
6 Adding Administrative Analyst I/II 69,991
6 Delete Crime Analyst (59,098)
6 Deleting Police Clerk (39,088)
6 Unfreeze Police Lieutenant 161,818
6 Freeze (2) Police Officer (219,654)
Department of Justice (DOJ)
6 Adding Administrative Manager 80,429
6 Adding (3) Administrative Analyst II 209,973
6 Adding Lieutenant 161,818
6 Adding (2) Sergeant 261,144
6 Adding (2) Corporal 257,062
6 Freeze (9) Police Officer (988,443)
Subtotal (20,299) - - Planning & Development Services
7 Add Part-time Temp Help to scan permits into system 32,000 Subtotal 32,000 - - Public Works
9 Add Part-time Temp Help for transition to ERP 25,000 Subtotal - - 25,000 - - City Attorney's Office
10 Add Asst. City Attorney II 119,524
10 Delete Deputy City Attorney II (87,622)
Subtotal - - 31,902 - - Finance
10 Add Administrative Analyst II 69,995
10 Delete Sr. Accountant (70,753)
Subtotal - - (758) - - Human Resources
10 Add (2) HR Program Manager 190,880
10 Add Administrative Clerk - C 36,500
10 Delete Sr. Personnel Analyst (78,503)
10 Delete Administrative Analyst II (69,991)
10 Delete HRIS Analyst (69,991)
Subtotal - - 8,895 - - Information Technology
10 Add Cybersecurity Information Systems Officer (CISO) 98,123 Subtotal 98,123 - - Subtotal -Salaries & Benefits, and related expenditures - - 191,045 - - (continued)
3 of 6
Ref# Departmental expenditures Revenue Transfer In Expenditure Transfer out Fund Balance 1 Police
12 Increase Pre-Employment Backgrounds 61,000
12 Transfer to Fund #502, GPD013 (IHART) (44,309) 44,309 Subtotal - - 16,691 44,309 - Fire
13 Increase Annual Firefighter Physical Exam 80,000 Subtotal - - 80,000 - - Planning and Development Services
Building Division
14 Increase in Other Supplies for Smart Plan Check Table 15,000 14 Add funding for Regional Early Action Planning (REAP) 40,884 Subtotal - - 55,884 - - Economic Development Department
15 Decrease in Vallejo Tourism Business Improvement District (119,856) Subtotal - - (119,856) - - Public Works
16 Increase Cleaning & Janitorial 56,000
16 Increase Gas & Electricity 100,000
16 Increase Professional Services for Security Services 100,000 16 Increase Ground R/M for monthly maintenance 13,000 16 Cost Allocation Clean up (20,440)
16 Transfer to Fund #501 Fleet Fuel 220,000
16 Transfer to Fund #201, PWC111 Public Building Repair 300,000 16 Transfer to Fund #201, PW9709 Highway Safety Improvement Program 100,000 Subtotal - - 248,560 620,000 - Administration
City Clerk
17 Increase mailroom copier 20,000
City Manager's Office
17 Increase in Training & Travel 18,000
17 Transfer to Fund #502 Fleet Replacement 40,000 Information Technology
17 Transfer to Capital Project Fund #201, IT000 for Rbrik-Backup expansion 60,000 Subtotal - - 38,000 100,000 - Citywide
18 Increase in Professional Services for Homelessness JPA 74,072 18 Increase Solano County Sheriff's Office - Animal Care County Shelter 200,000 Subtotal - - 274,072 - - Subtotal, Use of Current Resources 158,273 - 784,396 764,309 - City Programs and Subsidies
Draw from Assigned Reserves:
19 To cover Midyear adjustments (1,500,000)
19 To cover Police Department salary and benefits 8% one time increase 1,000,000 (1,000,000) 19 To cover Police Department salary and benefits 10.16% contract increase 1,000,000 (1,000,000) 19 To cover Community Development Housing for Mare Island NPS Grant 750,000 (750,000) 19 To cover Stipulated Agreement for DOJ 700,000 (700,000) Subtotal, Draw from Assigned Reserves - - 2,000,000 1,450,000 (4,950,000) City Programs and Subsidies
Draw from Restricted Reserves:

Planning and Development Services
Planning Division
20 Transfer Tech Surcharge Fee to Fund #201 (TECHNO), to True-up 20,321 (20,321) 20 Transfer Permit Coordination Fee to Fund #201 (IT-ORA), to True-up 33,578 (33,578) Subtotal, Draw from Restricted Reserves - - - 53,899 (53,899) Total, 2023-24 General Fund Adjustments 158,273 - 2,784,396 2,268,208 (5,003,899) General Fund #001
Transfer in from General Fund # 003 - (1,105,425) Total, 2023-24 General Fund Unappropriated Reserves Adjustments - - - (1,105,425) - Unappropriated Reserve Fund # 002
Transfer in from General Fund # 003 - (1,866,736) Total, 2023-24 General Fund Unappropriated Reserves Adjustments - - - (1,866,736) - Measure B Fund # 003
Transfer out to Fund 001 and Fund 002 - - 2,972,161 Total, 2023-24 General Fund Unappropriated Reserves Adjustments - - - 2,972,161 - (continued)
4 of 6
Proposed Budget Adjustments - Supporting Detail, Continued Ref# Other Funds Revenue Transfer In Expenditure Transfer out Fund Balance 1 Mare Island Base Reuse Fund # 107
21 Increase Building R&M Services for Internet Access to MI Marketing Center 10,000 (10,000) Subtotal - - 10,000 - (10,000) -
Mare Island CFD 2002-1 Fund # 112
22 Increase Grounds R/M Services for Alden Park Ground Maintenance 30,000 (30,000) Subtotal - - 30,000 - (30,000) Mare Island CFD 2005-1A Fund # 113
23 Increase Services R/M Rehabilitation for tree work, plant replacement & irrigation upgrade 5,000 (5,000) Subtotal - - 5,000 - (5,000) Solid Waste Disposal Fund # 135
24 Increase Waste Disposal Fee to match fee increases 436,069 394,080 41,989 24 Increase Revenue for Fines & Forfeitures 12,524 12,524 24 Increase Publicity and Advertising 12,524 (12,524) Subtotal 448,593 - 406,604 - 41,989 Hiddenbrooke Community Service Fund # 138
25 Increase Building R/M Services for Security contract 29,000 (29,000) 25 Increase Gas & Electricity 10,000 (10,000) Subtotal - - 39,000 - (39,000) Town & Country I LMD Fund # 165
26 Increase Services R/M Rehabilitation for tree trimming & fence replacement 5,000 (5,000) Subtotal - - 5,000 - (5,000) Greenmont/Seaport LMD Fund # 168
27 Increase Services R/M Rehabilitation for tree trimming 5,000 (5,000) Subtotal - - 5,000 - (5,000) Bordoni Ranch LMD Fund # 177
28 Increase for Water Ulities 10,000 (10,000) Subtotal - - 10,000 - (10,000) N/E Quadrant LMD Fund # 178
29 Increase Services R/M Rehabilitation for tree work, fire breaks and repairs 24,000 (24,000) Subtotal - - 24,000 - (24,000) Town & Country II LMD Fund # 184
30 Increase Services R/M Rehabilitation for tree trimming & fence replacement 6,000 (6,000) Subtotal - - 6,000 - (6,000) Glen Cove III LMD Fund # 185
31 Increase Services R/M Rehabilitation for large tree projects 40,000 (40,000) Subtotal - - 40,000 - (40,000) Capital Outlay Fund # 201
32 Increase Computer Hardware & Maintenance for Rbrik-Backup expansion IT000 60,000 60,000 - 32 Adjust TECHNO budget to match actual revenue received TECHNO 20,3 21 20,321 - 32 To True-up IT-ORA budget to match actual revenue received IT-ORA 33,578 33,578 - 32 Increase Site Improvement for Highway Safety Improvement Program PW9709 100,000 100,000 - 32 To budget Stipulated Agreement for CalDOJ MY2407 700,000 700,000 - 32 City's Match for NPS Grant MI-NPS 750,000 750,000 - 32 Backup Generator PWC111 300,000 300,000 32 Increase revenue and expenditures for Prism reimbursement PWC111 200,000 200,000 - Subtotal 200,000 1,963,899 2,163,899 - - -
Capital Grant & Contribution Fund # 221
33 Allocate Grant Funding for Mare Island NPS Grant MI-NPS 750,000 750,000 - 33 Allocate Grant Funding for Bay Trail Prop 68 PW9802 200,000 200,000 - 33 Decrease funding for HomeKey HKEY22 (470,000) (470,000) - Subtotal 480,000 - 480,000 - - Water Fund # 401
Increase Budget for the Following:
34 California Water and Wastewater Arrearage Payment Program 2,443, 357 2,443,357 Salaries & Benefits:
34 Add Water Operations Manager 107,083 (107,083) 34 Add Water Operations Manager 107,083 (107,083) 34 Add Administrative Analyst II 69,995 (69,995) 34 Add Utility Supervisor 65,764 (65,764) 34 Add Water Treatment Plant Supervisor 86,036 (86,036) 34 Delete Finance Manager (86,341) 86,341 34 Delete Assistant Eng/Associate Civil Engineer (74,570) 74,570 34 Delete Assistant Eng/Associate Civil Engineer (74,570) 74,570 34 Delete Assistant Distribution Superintendent (76,861) 76,861 34 Delete IT Project Manager, SCADA (82,285) 82,285 34 Delete WTP Regulatory Compliance Officer (85,631) 85,631 Subtotal 2,443,357 - (44,297) - 2,487,654 Subtotal, Water Funds 2,443,357 - (44,297) - 2,487,654 (continued)
5 of 6
Ref# Corporation Shop Fund # 501 Revenue Transfer In Expenditure Transfer out Fund Balance 1 Increase Budget for the Following: -
35 Increase Fuel & Lube Supplies 220,000 220,000 - - 35 Cost Allocation Clean up 120,432 (120,432) Subtotal - 220,000 340,432 - (120,432) Equipment Replacement Fund # 502
Fleet Replacement Vehicle General Fund
36 Transfer Purchase of 1 Van for Police Proj IHART 44,309 44,309 36 Purchase of 1 City Manager Vehicle 40,000 40,000 - 36 Replacement of 1 Housing Vehicle 20,000 20,000 - Subtotal 20,000 84,309 104,309 - - Total, Other Funds Adjustments 3,591,950 2,268,208 3,624,947 - 2,235,211 -
Summary:

Water Funds 2,443,357 - (44,297) - 2,487,654 All Other Funds 1,148,593 2,268,208 3,669,244 - (252,443) Total 3,591,950 2,268,208 3,624,947 - 2,235,211 6 of 6
Personnel Summary
Authorized Full-time Equivalent (FTE) Listing
Proposed
Amended Adopted Changes Amended
General Fund
Legislative 8.00 8.00 - 8.00
Executive
City Manager 16.00 16.00 - 16.00
City Clerk 2.00 2.00 - 2.00
Legal 14.00 14.00 - 14.00
Finance 24.00 24.00 - 24.00
Human Resources 15.00 15.00 - 15.00
Information Technology 11.50 12.50 1.00 13.50
Planning & Development Services 35.00 35.00 - 35.00
Economic Development 7.00 7.00 - 7.00
Police 190.00 191.00 10.00 201.00
Fire 108.00 96.00 - 96.00
Public Works 73.50 73.50 - 73.50
504.00 494.00 11.00 505.00
Enterprise Funds
Water 121.00 121.00 (1.00) 120.00
Finance 18.00 18.00 - 18.00
Human Resources 1.00 1.00 - 1.00
Subtotal, Water 140.00 140.00 (1.00) 139.00
Marina - - - -
Parking - - - -
140.00 140.00 (1.00) 139.00
Economic Development Funds
Mare Island CFDs 2.00 2.00 - 2.00

2.00 2.00 - 2.00
Public Works Funds
Landscape Districts 5.00 5.00 - 5.00
Corp Yard 9.00 9.00 - 9.00

14.00 14.00 - 14.00
Other Funds
Housing 15.00 16.00 - 16.00
Self Insurance 5.00 5.00 - 5.00

20.00 21.00 - 21.00
TOTAL 680.00 671.00 10.00 681.00
Note: Detailed FTE information by classification and department can be found in the Appendix.

FY 23-24FY 22-23
Temporary & Part-time Authorized Positions
The Personnel Summary/Authorized FTE Listing does not reflect temporary and part-time positions required to be paid through City payroll. These positions include interns, administrative, manual and nonmanual temporary positions, and Police Cadets and Firefighter Trainee authorizations.

These temporary and part-time position authorizations generally fluctuate throughout the year as business needs change. As such, the City Manager has the authority to adjust staffing levels for temporary staffing positions, subject to budgetary constraints.

Multi-Level Authorizations
All positions in the Personnel Summaries/Authorized FTE Listings by Department that are authorized at multiple levels, where promotion is dependent on an employee obtaining certification or similar criteria not in the City's control, or other circumstances warrant, are required to be listed below and are referred to as "Multi-Level Authorizations":

Housing Specialist I/II Assistant Engineer/ Associate Civil Engineer Communications Operators I/II Instrument Technician I/II Maintenance Worker I/II Water Maintenance Worker I/II
Appendix: Personnel Summary
Legislative, Executive and Legal Departments
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

LEGISLATIVE

MAYOR & COUNCIL
Mayor MAYOR 1.00 1.00 - 1.00 City Council COUNCIL 6.00 6.00 - 6.00 Executive Assistant to the Mayor EXEC 1.00 1.00 - 1.00 Total Legislative 8.00 8.00 - 8.00

EXECUTIVE

CITY MANAGER
City Manager EXEC 1.00 1.00 - 1.00 Assistant City Manager EXEC 2.00 2.00 - 2.00 Assistant to the City Manager EXEC 2.00 2.00 - 2.00 Communication Operations Manager EXEC 1.00 - - - Community Engagement Manager EXEC - 1.00 - 1.00 Executive Assistant to the City Manager EXEC 1.00 1.00 - 1.00 Organizational Development Manager EXEC 1.00 1.00 - 1.00 Administrative Clerk II-C CAMP 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Administrative Analyst II (a) CAMP 3.00 3.00 1.00 4.00 Administrative Analyst II (Ltd term expires 6/30/25) (b) CAMP 1.00 1.00 (1.00) - Community and Volunteer Coordinator CAMP 1.00 1.00 - 1.00 Communications and Public Information Officer EXEC 1.00 1.00 - 1.00

16.00 16.00 - 16.00

CITY CLERK
City Clerk EXEC 1.00 1.00 - 1.00 Deputy City Clerk CAMP 1.00 1.00 - 1.00 Contracts & Records Technician CAMP - - - -

2.00 2.00 - 2.00
Subtotal Executive, General Fund 18.00 18.00 - 18.00 Total Executive 18.00 18.00 - 18.00 LEGAL

CITY ATTORNEY -
City Attorney EXEC 1.00 1.00 - 1.00 Chief Assistant City Attorney EXEC 1.00 1.00 - 1.00 Asst. City Attorney II-E EXEC 1.00 1.00 - 1.00 Asst. City Attorney II CAMP 3.00 3.00 1.00 4.00 Deputy City Attorney II CAMP 2.00 2.00 (1.00) 1.00 Deputy City Attorney I CAMP 1.00 1.00 - 1.00 Law Office Supervisor EXEC 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Paralegal CAMP 3.00 3.00 - 3.00 Total Legal 14.00 14.00 - 14.00

TOTAL LEGISLATIVE,
EXECUTIVE AND LEGAL 40.00 40.00 0.00 40.00
(a)
(b) Removing Limited Term.

FY 23-24FY 22-23
One (1) position is ARPA funded until FY 24-25 then Fund 001.

Appendix: Personnel Summary
Finance Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

ACCOUNTING
Finance Director EXEC 1.00 1.00 - 1.00 Assistant Finance Director EXEC 1.00 1.00 - 1.00 Deputy Finance Director EXEC 1.00 1.00 - 1.00 Finance Manager (Ltd term expires 6/30/25) (a) CAMP 1.00 1.00 (1.00) - Finance Manager (b) CAMP - - 1.00 1.00 Purchasing Manager CAMP 1.00 1.00 - 1.00 Accounting Manager CAMP 1.00 1.00 - 1.00 Administrative Analyst II (c) CAMP 1.00 1.00 2.00 3.00 Administrative Analyst II (Ltd term expires 6/30/25) (d) CAMP 1.00 1.00 (1.00) - Senior Accountant IBEW 5.00 5.00 (1.00) 4.00 Accountant IBEW 6.00 6.00 - 6.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Accounting Technician IBEW 2.00 2.00 - 2.00

22.00 22.00 - 22.00

COMMERCIAL SERVICES
Senior Accountant IBEW 1.00 1.00 - 1.00 Customer Service Representative IBEW 1.00 1.00 - 1.00

2.00 2.00 - 2.00
Subtotal, General Fund 24.00 24.00 - 24.00 WATER FUND:

WATER BILLING & COLLECTION
Customer Service Supervisor IBEW 1.00 1.00 - 1.00 Accounting Manager CAMP 1.00 1.00 - 1.00 Accountant IBEW 1.00 1.00 - 1.00 Sr. Customer Service Representative IBEW 1.00 1.00 - 1.00 Customer Service Representative IBEW 6.00 6.00 - 6.00

10.00 10.00 - 10.00

WATER METER READING
Meter Reader IBEW 5.00 5.00 - 5.00 Sr.Meter Reader IBEW 1.00 1.00 - 1.00 Utility Field Representative IBEW 2.00 2.00 - 2.00

8.00 8.00 - 8.00
Subtotal, Water Fund 18.00 18.00 - 18.00 TOTAL DEPARTMENT 42.00 42.00 - 42.00 (a) Removing Limited Term.
(b) ERP funded until FY 24-25 then Fund 001.
(c) One (1) position is ARPA funded until FY 24-25 then Fund 001. (d) Removing Limited Term.

FY 22-23 FY 23-24
Appendix: Personnel Summary
Human Resources Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

HUMAN RESOURCES
Human Resources Director EXEC 1.00 1.00 - 1.00 Assistant Human Resources Director EXEC 1.00 1.00 - 1.00 HR Program Manager EXEC 1.00 1.00 2.00 3.00 Employee and Labor Relations Officer EXEC 1.00 1.00 - 1.00 Senior Personnel Analyst CAMP 2.00 2.00 (1.00) 1.00 Administrative Analyst II CAMP 1.00 1.00 (1.00) - HR Information System Analyst CAMP 1.00 1.00 (1.00) - Personnel Analyst II CAMP 3.00 3.00 - 3.00 Personnel Technician CAMP 2.00 2.00 - 2.00 Personnel Analyst II (Ltd term expires 6/30/25) (a) CAMP 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Administrative Clerk II-C CAMP - - 1.00 1.00 Subtotal, General Fund 15.00 15.00 - 15.00 Water Fund 401
Personnel Analyst II CAMP 1.00 1.00 - 1.00

1.00 1.00 - 1.00
SELF INSURANCE Fund
Risk Manager / Safety Officer EXEC 1.00 1.00 - 1.00 Administrative Analyst II CAMP 3.00 3.00 - 3.00 Admin Clerk II-C CAMP 1.00 1.00 - 1.00 Subtotal, Self Insurance 5.00 5.00 - 5.00 TOTAL DEPARTMENT 21.00 21.00 - 20.00 FY 22-23 FY 23-24
Appendix: Personnel Summary
Information Technology Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

INFORMATION TECHNOLOGY
Chief Innovation Officer EXEC 1.00 1.00 - 1.00 Cybersecurity Information Systems Officer CAMP - - 1.00 1.00 IT Project Manager CAMP 1.00 1.00 - 1.00 Information Systems Manager CAMP 2.00 2.00 - 2.00 Network Administrator CAMP 1.00 1.00 - 1.00 Media Services Specialist CAMP 1.00 1.00 - 1.00 Asset Manager CAMP 0.50 0.50 - 0.50 IS Support Technician II IBEW 4.00 5.00 - 5.00 Secretary IBEW 1.00 1.00 - 1.00 TOTAL DEPARTMENT 11.50 12.50 1.00 13.50 FY 22-23 FY 23-24
Appendix: Personnel Summary
Economic Development Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

ECONOMIC DEVELOPMENT
Economic Development Director EXEC 1.00 1.00 - 1.00 Economic Development Program Manager CAMP 3.00 3.00 - 3.00 Sr. Comm. Development Analyst IBEW 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00 TOTAL DEPARTMENT 7.00 7.00 - 7.00 FY 22-23 FY 23-24
Appendix: Personnel Summary
Planning & Development Services Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

ADMINISTRATION
Planning & Development Services Director EXEC 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00

3.00 3.00 - 3.00

BUILDING
Chief Building Official CAMP 1.00 1.00 - 1.00 Building Inspection Manager CAMP 1.00 1.00 - 1.00 Building Inspection Supervisor IBEW 1.00 1.00 - 1.00 Building Inspector II IBEW 4.00 4.00 - 4.00 Development Permit Coordinator CAMP 1.00 1.00 - 1.00 Plan Check Engineer IBEW 1.00 1.00 - 1.00 Building Permit Technician I IBEW 1.00 1.00 - 1.00 Building Permit Technician II IBEW 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00

12.00 12.00 - 12.00

PLANNING
Planning Manager CAMP 2.00 2.00 - 2.00 Principal Planner CAMP 1.00 1.00 - 1.00 Senior Planner CAMP 2.00 2.00 - 2.00 Associate Planner IBEW 3.00 3.00 - 3.00 Planning Technician IBEW 1.00 1.00 - 1.00

9.00 9.00 - 9.00

CODE ENFORCEMENT
Code Enforcement Manager CAMP 1.00 1.00 - 1.00 Sr. Code Enforcement Officer IBEW 1.00 1.00 - 1.00 Code Enforcement Officer IBEW 6.00 6.00 - 6.00 Accounting Clerk II IBEW 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00

11.00 11.00 - 11.00
TOTAL DEPARTMENT 35.00 35.00 - 35.00 FY 23-24FY 22-23
Appendix: Personnel Summary
Police Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

PUBLIC SAFETY
Police Chief EXEC 1.00 1.00 - 1.00 Deputy Police Chief EXEC 2.00 2.00 - 2.00 Police Captain (a) VPOA 3.00 3.00 - 3.00 Police Lieutenant (b) VPOA 9.00 9.00 1.00 10.00 Police Sergeant VPOA 13.00 13.00 2.00 15.00 Police Corporal (c) VPOA 12.00 12.00 2.00 14.00 Police Officer (d) (e) VPOA 84.00 84.00 - 84.00 Police Officer (Ltd 4-yr term) (f) VPOA 8.00 8.00 - 8.00 132.00 132.00 5.00 137.00
Administrative Manager CAMP 1.00 2.00 1.00 3.00 Administrative Analyst II CAMP 5.00 5.00 4.00 9.00 Administrative Clerk II-C CAMP 1.00 1.00 2.00 3.00 Communications Manager CAMP 1.00 1.00 - 1.00 Communications Supervisor IBEW 4.00 4.00 - 4.00 Communications Operator I/II IBEW 16.00 16.00 - 16.00 Executive Secretary-C CAMP 2.00 2.00 - 2.00 Senior Police Assistant IBEW 2.00 2.00 (1.00) 1.00 Police Assistant IBEW 10.00 10.00 - 10.00 Police Assistant (Ltd term expires 6/30/25) (g) IBEW 3.00 3.00 - 3.00 Senior Crime Scene Investigator IBEW - - 1.00 1.00 Police Clerk IBEW 9.00 9.00 (1.00) 8.00 Police Records Supervisor IBEW 1.00 1.00 - 1.00 Police Records Manager CAMP 1.00 1.00 - 1.00 Crime Analyst IBEW 2.00 2.00 (1.00) 1.00

58.00 59.00 5.00 64.00
TOTAL DEPARTMENT 190.00 191.00 10.00 201.00 (a) One (1) Vacant Police Captain position defunded in FY2023-24. (b) Fund One (1) of Two (2) Frozen Police Lieutenant positions defunded in FY2023-24. (c) One (1) Vacant Police Corporal position defunded in FY2023-24. (d) One (1) Vacant Police Officer position defunded in FY2023-24. (e) Defund Eleven (11) Vacant Police Officer positions. (f) 3-year Eight (8) Police Officer 2020 COPS grant positions with additional 1 year expire 6/30/24. (g) ARPA funded that expires on 6/30/25
Staffing subtotals by type:

Sworn 132.00 132.00 5.00 137.00
Unsworn 58.00 59.00 5.00 64.00 Total 190.00 191.00 10.00 201.00
FY 23-24FY 22-23
Appendix: Personnel Summary
Fire Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

ADMINISTRATION
Fire Chief EXEC 1.00 1.00 - 1.00 Deputy Fire Chief EXEC 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 - 1.00 Administrative Clerk II CAMP 1.00 1.00 - 1.00

5.00 5.00 - 5.00

SUPPRESSION
Battalion Chief IAFF 3.00 3.00 - 3.00 Fire Captain IAFF 24.00 24.00 - 24.00 Fire Engineer IAFF 24.00 24.00 - 24.00 Firefighter IAFF 24.00 24.00 - 24.00 Firefighter (Limited Term) (a) IAFF 21.00 9.00 - 9.00

96.00 84.00 - 84.00

PREVENTION
Fire Prevention Manager CAMP 1.00 1.00 - 1.00 Fire Prevention Inspector IBEW 3.00 3.00 - 3.00 Secretary IBEW 1.00 1.00 - 1.00

5.00 5.00 - 5.00

TRAINING
Battalion Chief IAFF 1.00 1.00 - 1.00

1.00 1.00 - 1.00

EMERGENCY MEDICAL SERVICES
Fire Captain IAFF 1.00 1.00 - 1.00

1.00 1.00 - 1.00
TOTAL DEPARTMENT 108.00 96.00 - 96.00 Staffing subtotals by type:

Sworn 100.00 88.00
Unsworn 8.00 8.00
Total 108.00 96.00
(a) Nine (9) Firefighter positions funded by 2020 SAFER grant expire February 26, 2025; FY 22-23 FY 23-24
Appendix: Personnel Summary
Public Works Department
Proposed
Group Amended Adopted Changes Amended
GENERAL FUND:

ADMINISTRATION
Public Works Director EXEC 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 - 1.00 Real Property & Lease Manager CAMP 1.00 1.00 - 1.00 Environmental Services Manager CAMP 1.00 1.00 - 1.00 Transportation Superintendent CAMP 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Customer Service Representative IBEW 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00 Senior Accountant IBEW 1.00 1.00 - 1.00 Total Administration 9.00 9.00 - 9.00

ENGINEERING
Assistant PW Director - City Engineer EXEC 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00 Senior Civil Engineer IBEW 2.00 2.00 - 2.00 Assistant Eng/Associate Civil Engineer IBEW 7.00 7.00 - 7.00 Traffic Engineer IBEW 1.00 1.00 - 1.00 Senior Engineering Technician IBEW 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00 Engineering Technician II IBEW 5.00 5.00 - 5.00 Landscape Inspector IBEW - - 1.00 1.00 Total Engineering 19.00 19.00 1.00 20.00

MAINTENANCE ADMINISTRATION
Assistant PW Director - Maintenance EXEC 1.00 1.00 - 1.00 Assistant Maintenance Superintendent CAMP 1.00 1.00 - 1.00 Building Supervisor IBEW 1.00 1.00 - 1.00 Public Works Supervisor IBEW 3.00 3.00 - 3.00 Senior Public Works Maintenance Worker IBEW 5.00 5.00 - 5.00 Maintenance Worker I/II IBEW 18.00 18.00 - 18.00 Senior Building Maintenance Worker IBEW 1.00 1.00 - 1.00 Building Maintenance Worker II IBEW 3.00 3.00 - 3.00 Heavy Equipment Operator IBEW 2.00 2.00 - 2.00 Electrician IBEW 2.00 2.00 - 2.00 Traffic & Lighting Tech II IBEW 2.00 2.00 - 2.00 Secretary IBEW 1.00 1.00 - 1.00 Landscape Inspector IBEW 1.00 1.00 (1.00) - Accounting Clerk II IBEW 2.00 2.00 - 2.00 Asset Manager CAMP 0.50 0.50 - 0.50 Customer Service Representative IBEW 1.00 1.00 - 1.00 Total Maintenance 44.50 44.50 (1.00) 43.50

RECYCLING PROGRAM
Administrative Analyst II CAMP 1.00 1.00 - 1.00 Total Recycling Program 1.00 1.00 - 1.00 Total Public Works (General Fund) 73.50 73.50 - 73.50 FY 23-24FY 22-23
Appendix: Personnel Summary
Public Works Department
Proposed
Group Amended Adopted Changes Amended
FY 23-24FY 22-23
OTHER FUNDS:

MARE ISLAND COMMUNITY
FACILITIES DISTRICT Fund 112
Maintenance Worker I/II IBEW 2.00 2.00 - 2.00 Total Mare Island 2.00 2.00 - 2.00 LANDSCAPE MAINT DISTRICTS Fund 161
Landscape Maintenance Manager CAMP 1.00 1.00 - 1.00 Sr. Landscape Inspector IBEW 1.00 1.00 - 1.00 Landscape Inspector IBEW 2.00 2.00 - 2.00 Accounting Clerk II IBEW 1.00 1.00 - 1.00 Total Landscape Maint. Districts 5.00 5.00 - 5.00 CORPORATION SHOP Fund 501
Fleet Manager CAMP 1.00 1.00 - 1.00 Senior Equipment Mechanic IBEW 1.00 1.00 - 1.00 Equipment Mechanic II IBEW 5.00 5.00 - 5.00 Parts Specialist IBEW 1.00 1.00 - 1.00 Accounting Clerk II IBEW 1.00 1.00 - 1.00 Total Corporation Shop Fund 9.00 9.00 - 9.00 TOTAL DEPARTMENT 89.50 89.50 - 89.50 Appendix: Personnel Summary
Housing Department
Proposed
Group Amended Adopted Changes Amended
OTHER FUNDS:

HOUSING/SECTION 8 Fund 121
Housing Director EXEC 1.00 1.00 - 1.00 Housing Project Developer CAMP 1.00 1.00 - 1.00 Housing Specialist Supervisor IBEW 1.00 1.00 - 1.00 Housing Specialist I / II IBEW 6.00 7.00 - 7.00 Sr. Housing Specialist IBEW 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00 Admin Clerk II IBEW 2.00 2.00 - 2.00 TOTAL DEPARTMENT 15.00 16.00 - 16.00 FY 23-24FY 22-23
Appendix: Personnel Summary
Water Department
Proposed
Group Amended Adopted Changes Amended
WATER FUND:

WATER ADMIN & ENGINEERING
Water Utilities Director EXEC 1.00 1.00 - 1.00 Water Operations Manager EXEC 1.00 1.00 2.00 3.00 Water Engineering Manager CAMP 2.00 1.00 - 1.00 Water Resource Manager CAMP - 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 - 1.00 Water Finance Manager CAMP 1.00 1.00 (1.00) - IT Project Manager CAMP 1.00 1.00 - 1.00 Information System Manager CAMP 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 - 1.00 Administrative Analyst II CAMP 5.00 5.00 1.00 6.00 Sr. Civil Engineer IBEW 3.00 3.00 - 3.00 Assistant Eng/Associate Civil Engineer IBEW 8.00 8.00 (2.00) 6.00 Geographic Info Systems Specialist I/II/III IBEW 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 - 1.00 Sr. Engineering Technician IBEW 2.00 2.00 - 2.00 Engineering Technician II IBEW 3.00 3.00 - 3.00 Accounting Clerk II IBEW 1.00 1.00 - 1.00 Admin Clerk II IBEW 1.00 1.00 - 1.00

34.00 34.00 - 34.00

WATER QUALITY
Water Quality Manager CAMP 1.00 1.00 - 1.00 Laboratory Supervisor CAMP 1.00 1.00 - 1.00 Water Quality Analyst IBEW 2.00 2.00 - 2.00 Laboratory Analyst II IBEW 1.00 1.00 - 1.00

5.00 5.00 - 5.00

SOURCE OPERATIONS
Reservoir Keeper II IBEW 2.00 2.00 - 2.00

2.00 2.00 - 2.00

PUMPING & TREATMENT MAINTENANCE
Water Facilities Superintendent CAMP 1.00 1.00 - 1.00 IT Project Manager CAMP 1.00 1.00 (1.00) - Plant Maintenance Supervisor CAMP 2.00 2.00 - 2.00 Facilities Maintenance Supervisor CAMP 1.00 1.00 - 1.00 Utility Mechanic II IBEW 5.00 5.00 - 5.00 Sr. Instrument Technician IBEW 1.00 1.00 - 1.00 Senior Utility Mechanic IBEW 1.00 1.00 - 1.00 Instrument Technician I/II IBEW 3.00 3.00 - 3.00 Water Maintenance Worker I/II IBEW 4.00 4.00 - 4.00

19.00 19.00 (1.00) 18.00

TREATMENT OPERATIONS
Water Treatment Superintendent CAMP 1.00 1.00 - 1.00 WTP Supervisor IBEW 2.00 2.00 1.00 3.00 WTP Regulatory Compliance IBEW 1.00 1.00 (1.00) - WTPO Trainee II IBEW 1.00 1.00 - 1.00 WTP Operator IBEW 12.00 12.00 - 12.00 Senior WTPO IBEW 7.00 7.00 - 7.00

24.00 24.00 - 24.00
FY 23-24FY 22-23
Appendix: Personnel Summary
Water Department
Proposed
Group Amended Adopted Changes Amended
FY 23-24FY 22-23
WATER FUND (continued):

DISTRIBUTION MAINT
Water Distribution Superintendent CAMP 1.00 1.00 - 1.00 Assistant Water Distribution SuperintendentCAMP 1.00 1.00 (1.00) - Utility Supervisor IBEW 3.00 3.00 1.00 4.00 Sr. Water Distribution Technician IBEW 5.00 5.00 - 5.00 Water Distribution Technician IBEW 14.00 14.00 - 14.00 Heavy Equipment Operator IBEW 3.00 3.00 - 3.00 Water Maintenance Worker I/II IBEW 5.00 5.00 - 5.00 Senior Meter Mechanic IBEW 1.00 1.00 - 1.00 Meter Mechanic IBEW 2.00 2.00 - 2.00

35.00 35.00 - 35.00

WAREHOUSE
Warehouse Supervisor IBEW 1.00 1.00 - 1.00 Warehouse Specialist IBEW 1.00 1.00 - 1.00

2.00 2.00 - 2.00
TOTAL DEPARTMENT 121.00 121.00 (1.00) 120.00 Unrepresented - Contract
Entry Maximum
Grade Class Code Status Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 CCG 8 Mayor Bi-weekly 903.85
Effective January 28, 2023 - Per Reso. 22-211 Annual 23,500.00 CCG 9 City Council members Bi-weekly 903.85
Effective January 28, 2023 - Per Reso. 22-211 Annual 23,500.00 N/A Mayor's Additional Compensation Bi-weekly 876.92
Annual 22,800.00
CAG 2 City Attorney Hourly 123.7981
(per First Amendment effective July 1, 2022) Bi-weekly 9,903.85 Monthly 21,458.33
Annual 257,500.00
CMG 1 City Manager Hourly 133.6538
(per contract effective April 18, 2022) Bi-weekly 10,692.31 Monthly 23,166.67
Annual 278,000.00

CITY OF VALLEJO
EXHIBIT 2 B
March 2024
City of Vallejo Salary Schedule

CAMP / IBEW / UNREP
Range Classification Rate Step 1 Step 2 Step 3 Setp 4 Step 5 BU M01 Hourly 16.0742 16.8779 17.7219 18.6079 19.5383 M01 Bi-weekly 1,285.94 1,350.23 1,417.75 1,488.63 1,563.06 M01 Monthly 2,786.20 2,925.50 3,071.80 3,225.37 3,386.64 M01 Annual 33,434.34 35,106.03 36,861.55 38,704.43 40,639.66 M02 Hourly 16.1145 16.9201 17.7662 18.6544 19.5872 M02 Bi-weekly 1,289.16 1,353.61 1,421.30 1,492.35 1,566.98 M02 Monthly 2,793.18 2,932.82 3,079.48 3,233.43 3,395.12 M02 Annual 33,518.16 35,193.81 36,953.70 38,801.15 40,741.38 M03 Hourly 16.1546 16.9623 17.8106 18.7010 19.6360 M03 Bi-weekly 1,292.37 1,356.98 1,424.85 1,496.08 1,570.88 M03 Monthly 2,800.13 2,940.13 3,087.17 3,241.51 3,403.57 M03 Annual 33,601.57 35,281.58 37,046.05 38,898.08 40,842.88 M04 Hourly 16.1950 17.0048 17.8551 18.7479 19.6852 M04 Bi-weekly 1,295.60 1,360.38 1,428.41 1,499.83 1,574.82 M04 Monthly 2,807.13 2,947.50 3,094.88 3,249.64 3,412.10 M04 Annual 33,685.60 35,369.98 37,138.61 38,995.63 40,945.22 M05 Hourly 16.2356 17.0473 17.8998 18.7947 19.7345 M05 Bi-weekly 1,298.85 1,363.78 1,431.98 1,503.58 1,578.76 M05 Monthly 2,814.17 2,954.87 3,102.63 3,257.75 3,420.65 M05 Annual 33,770.05 35,458.38 37,231.58 39,092.98 41,047.76 M06 Hourly 16.2761 17.0899 17.9444 18.8416 19.7836 M06 Bi-weekly 1,302.09 1,367.19 1,435.55 1,507.33 1,582.69 M06 Monthly 2,821.19 2,962.25 3,110.36 3,265.88 3,429.16 M06 Annual 33,854.29 35,546.99 37,324.35 39,190.53 41,149.89 M07 Hourly 16.3167 17.1325 17.9893 18.8887 19.8331 M07 Bi-weekly 1,305.34 1,370.60 1,439.14 1,511.10 1,586.65 M07 Monthly 2,828.23 2,969.63 3,118.15 3,274.04 3,437.74 M07 Annual 33,938.74 35,635.60 37,417.74 39,288.50 41,252.85 M08 Hourly 16.3576 17.1756 18.0343 18.9360 19.8828 M08 Bi-weekly
1,308.61 1,374.05 1,442.74 1,514.88 1,590.62 M08 Monthly 2,835.32 2,977.10 3,125.95 3,282.24 3,446.35 M08 Annual 34,023.81 35,725.25 37,511.34 39,386.88 41,356.22 M09 Hourly 16.3985 17.2184 18.0794 18.9833 19.9326 M09 Bi-weekly 1,311.88 1,377.47 1,446.35 1,518.66 1,594.61 M09 Monthly 2,842.41 2,984.52 3,133.76 3,290.44 3,454.98 M09 Annual 34,108.88 35,814.27 37,605.15 39,485.26 41,459.81 M10 Hourly 16.4395 17.2615 18.1245 19.0308 19.9823 M10 Bi-weekly 1,315.16 1,380.92 1,449.96 1,522.46 1,598.58 M10 Monthly 2,849.51 2,991.99 3,141.58 3,298.67 3,463.60

Page 1 of 98 ends
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