Agenda packet — Vallejo City Council, March 12, 2024

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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
MARCH 12, 2024

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

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

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

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:
here are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATIONS OF A PROCLAMATION IN RECOGNITION OF WOMEN'S HISTORY MONTH - MARCH 2024
B. PRESENTATION OF PROCLAMATIONS HONORING INCOMING CO-POET

LAUREATES JACALYN EYVONNE AND KATHLEEN HERRMANN
C. LEGISLATIVE UPDATE FROM CITY LOBBYIST

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

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

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meetings of February 20 and the special and regular meetings of February 27, 2024 Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
C. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-2024

CAPITAL OUTLAY FUND BUDGET FOR PAVEMENT MANAGEMENT
PROGRAM EFFORTS (STEP 2)
Recommendation: Adopt a Resolution to amend the Fiscal Year 2023-24 budget by allocating $5 million of unappropriated Measure P revenue for Pavement Management Plan efforts.

Contact: Melissa Tigbao, PE, Public Works Director (707) 648-4433 [email protected]
D. ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

WILLDAN ENGINEERING TO ADD ADDITIONAL SERVICES AND
INCREASE COMPENSATION NOT TO EXCEED $220,000 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving a Second Amendment to the Consultant and Professional Services Agreement with Willdan Engineering to add additional services and increase compensation not to exceed $220,000 and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]
E. ADOPT RESOLUTION APPROVING A STATEMENT REGARDING

OWNERSHIP OF CRANE AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a resolution approving the Statement of Ownership for the ex-YD 228 crane and authorizing City Manager to execute same.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
F. ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE

GRANT AGREEMENT BETWEEN CITY OF VALLEJO AND SUTTER

SOLANO MEDICAL CENTER, TO PROVIDE ADDITIONAL FUNDING FOR

THE BROADWAY PROJECT, AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET
Recommendation: Adopt a resolution approving the second amendment to the Grant Agreement between City of Vallejo and Sutter Medical center, authorizing the City Manager to execute same and providing notice of intent to amend the fiscal year 2023-2024 budget relating to same.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]

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

A. ADOPT A RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS BY AND BETWEEN THE CITY OF VALLEJO AND BLUE

ROCK SPRINGS, LLC TO EXTEND THE TIME IN WHICH TO NEGOTIATE

THE PARTICIPATION AND PERFORMANCE AGREEMENTS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a Resolution approving the Fifth Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Vallejo and Blue Rock Springs, LLC to extend the time in which to negotiate Participation and Performance Agreements and authorizing the City Manager to execute the same.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
B. ADOPT A RESOLUTION NOTIFYING THE SOLANO COUNTY BOARD OF

SUPERVISORS OF THE CITY'S DESIRE TO RECEIVE SPECIFIC LAW

ENFORCEMENT SERVICES FROM THE SOLANO COUNTY SHERIFF AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A 12-MONTH

AGREEMENT IN AN AMOUNT NOT TO EXCEED SIX TO EIGHT MILLION

DOLLARS
Recommendation: Adopt a resolution notifying the Solano County Board of Supervisors of the City’s desire to receive specific law enforcement services from the Solano County Sheriff’s office, and authorize the City Manager to negotiate a 12-month agreement in an amount not to exceed $6 to $8 million dollars.

Contact: Terrance Davis, Assistant City Manager (707) 648-5404 [email protected]
C. CONSIDER REQUEST BY MAYOR MCCONNELL AND VICE MAYOR

LOERA-DIAZ TO AGENDIZE COUNCIL CONSIDERATION OF INCREASING

FINES, PENALTIES, IMPOUNDMENT RULES AND OTHER DETERRENTS RELATED TO SIDESHOW ACTIVITIES IN THE CITY (STEP 1)
Recommendation: Consider Mayor McConnell and Vice Mayor Loera-Diaz's request and direct staff to prepare and present relevant materials at a future meeting
Contact: Robert H. McConnell, Mayor (707) 648-4377
[email protected]
Mina Loera-Diaz, Vice Mayor
[email protected]

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

A. RECEIVE AN UPDATE ON THE DECLARATION OF A STATE AND LOCAL

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

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

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

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

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

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Wednesday, March 6, 2024

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at , Wednesday, March 6, 2024.

Dated: Wednesday, March 6, 2024

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
February 20, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
FEBRUARY 20, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Loera-Diaz, Councilmembers Arriola, Bregenzer, Matulac, and Palmares (arrived at 4:51 p.m.)

Absent: Councilmember Verder-Aliga
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Managers Davis and Haen, Chief Assistance City Attorney Risner, Deputy City Attorney Jacob, and Human Resources Director Sifuentes The Council convened into Closed Session in the Council Conference Room at 4:32 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code Section 54956.9(d)(1): Matzke et al. v. City of Vallejo, et al., Solano County Superior Court, Case No. FCS056066
B. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code section 54956.9(d)(1): City of Vallejo v. Vallejo Hospitality LLC, et al., Solano County Superior Court, Case No. CU23-04102 C. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code section 54956.9(d)(1): City of Vallejo v. Jin-Vani Hospitality LLC, et al., Solano County Superior Court, Case No. CU23-05921 D. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 2441 Broadway Street
Agency Negotiators: Gillian Hayes, Assistant City Manager and Veronica Nebb, City Attorney
Negotiating Parties: Jake Medcalf and Taryn Sandulyak
Under Negotiations: Price and Terms of Payment

4. ADJOURNMENT
The meeting adjourned at 5:30 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
February 20, 2024
Page | 2
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Special City Council Meeting Minutes
February 20, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
FEBRUARY 20, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

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

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

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to staff regarding Closed Session Items 3A, 3B, 3C and 3D as reflected on the 4:30 pm special meeting agenda. There was no other action to report.

5. ACTION CALENDAR
Items on the Action Calendar were taken out of order with Item 5B heard immediately following Item 5A. The minutes reflect the order in which the items appeared on the agenda.

A. (1) RECEIVE UPDATE ON UNHOUSED AND POTENTIAL AREAS OF

OPPORTUNITY RELATING THERETO AND PROVIDE DIRECTION TO
STAFF; AND (2) ADOPT RESOLUTIONS APPROVING FEE WAIVERS FOR:
a) ENCROACHMENT PERMITS FOR MOBILE SHOWERS REQUESTED BY LIGHTHOUSE COVENANT FELLOWSHIP; and b) PRELIMINARY REVIEW FEES FOR AN AFFORDABLE HOUSING PROJECT PROPOSED AT 121

LINCOLN ROAD WEST
Recommendation: (1) Recieve an update on unhoused and potential areas of opportunity relating thereto and provide direction to staff; and (2) adopt resolutions approving fee waivers for (a) encroachment permits for mobile showers requested by lighthouse covenant fellowship; and (b) preliminary review fees for an affordable housing project proposed at 121 Lincoln Road West
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Assistant to the City Manager Peterson provided a presentation on the proposed mobile showers as requested by the Lighthouse Covenant Fellowship.

Special City Council Meeting Minutes
February 20, 2024
Page | 2
Pastor Phil Green (Lighthouse Covenant Fellowship) addressed Council in support of the proposal.

Staff and Pastor Green responded to questions from Councilmembers.

Councilmembers provided comment.

Staff responded to questions from Councilmembers.

Speakers: Darrell Conley, Paula Conley, Chris Jacobson, Anne Carr, Steve Sidle, Jose Carrizales, Jennifer Sidle, Tom Carey, Dalia Vidor, Alma Brown, Robert Brekkie, Daniel Pellegrini, Helen Marie Gordon, Calvin Harrell, and Linda Stout.

Action: moved by Councilmember Palmares and carried unanimously by members present to continue this matter for the purpose of staff to address concerns with the applicant and return the matter to Council with suitable locations and more details at their March 26, 2024 regular meeting (Absent:

Verder-Aliga).

Assistant City Manager Haen provided an overview of the Affordable Housing project at 121 Lincoln Road West.

Staff responded to questions from Councilmembers.

Speakers: Lizz Days, Tom Carey, Robert Brekkie, and Helen Marie Gordon.

Councilmembers provided comment.

Action: moved by Mayor McConnell and carried by members present to adopt Resolution No. 24-023 N.C., as revised to include a restriction that in no event shall City staff time associated with preliminary plan review exceed $2800. All preliminary plan fees in excess of $2800 shall be paid by the applicant” (Noes:

Bregenzer; Absent: Verder-Aliga).

Assistant City Manager Haen provided introductory comments.

Assistant to the City Manager Peterson provided an update on unhoused proposals and current projects and past projects, identified potential new projects/programs to engage and outlined a recommended path going forward.

Staff responded to questions from Councilmembers. Councilmembers provided direction to staff related to priority areas.

Speakers: Helen Marie Gordon, Robert Brekki, Anne Carr, and Jennifer Sidle.

The meeting recessed at 9:45 p.m. and reconvened at 9:55 p.m.

B. CONSIDER AND POSSIBLY APPROVE A REQUEST FROM THE MEASURE

P OVERSIGHT COMMITTEE TO HOLD TOWN HALL MEETINGS TO TAKE Special City Council Meeting Minutes
February 20, 2024
Page | 3
INPUT ON THE COMMITTEE’S REPORT ON THE CITY’S PROPOSED

EXPENDITURE OF MEASURE P FUNDS
Recommendation: Consider a request from the Measure P Oversight Committee to hold Town Hall meetings to collect input from the public on the City’s proposed expenditure of Measure P funds.

Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Assistant City Manager Davis provided an overview of the staff report and outlined the recommendation.

Measure P Oversight Committee Vice Chair Salmeron addressed the Council on behalf of the Committee in support of their request.

Staff responded to questions from Councilmembers.

Speakers: Helen Marie Gordon and Andrea Sorce.

Another question and answer period followed. Councilmembers provided comment.

Action: moved by Vice Mayor Loera-Diaz and carried unanimously by members present to approve the request from the MPOC (Absent: Bregenzer and Verder- Aliga).

C. PROVIDE NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $3.5 MILLION

OF MEASURE P FUNDING TO CONTINUE PAVEMENT MANAGEMENT
PLAN EFFORTS; AND AUTHORIZE THE CITY MANAGER TO INITIATE THE BOND APPLICATION PROCESS TO ISSUE $120 MILLION DOLLARS OF

REVENUE BONDS IN THE MUNICIPAL BOND MARKET TO FUND A NINE- YEAR CITYWIDE PAVING PROGRAM FOR FISCAL YEARS 2025-2026 THROUGH 2033-2034
Recommendation: 1. Provide Notice of Intent to amend the FY 2023-24 Capital Improvement Program (CIP) budget to appropriate $3.5 million of existing Measure P revenue to fund the following Pavement Management Program activities:
•$2 million for a residential street resurfacing (slurry seal) project •$500,000 for American with Disabilities Act (ADA) curb ramp compliance construction
•$1 million for comprehensive pavement construction design and project management services.

2. Authorize the City Manager to initiate the bond application process to issue $120 million of revenue bonds in the Municipal Bond Market to fund a nine-year citywide Paving Program for fiscal years 2025/2026 through 2033/2034.

Contact: Melissa Tigbao, PE, Public Works Director (707) 648-4433 Special City Council Meeting Minutes
February 20, 2024
Page | 4
[email protected]
Assistant City Manager Davis provided introductory comments.

Julie Ann Anopol and Jonathan Mitchelle (Wildan Engineering) provided background information, discussed the project plan to include timeline, standards applied and detailed plan, reviewed the project impacts and resources needed to include impact to residents and businesses and financial impact, outlined next steps and action needed.

Assistant City Manager Davis provided closing comments.

The Consultants and staff responded to questions from Councilmembers.

Speakers: Vincent Purcell, Andrea Sorce, and Helen Marie Gordon.

Another question and answer period followed. Councilmembers provided comment.

Action: moved by Councilmember Matulac and carried unanimously by members present to (1) provide notice of intent to amend the FY 2023-24 Capital Improvement Program (CIP) budget to appropriate $5 million of existing Measure P revenue to fund the following Pavement Management Program activities, including the MPOC requests:
•$2 million for a residential street resurfacing (slurry seal) project •$500,000 for American with Disabilities Act (ADA) curb ramp compliance construction
•$1 million for comprehensive pavement construction design and project management services.
•An additional $1.5 million in funding to be used as follows: $500,000 for traffic stripping and $1 million for pothole repairs.
and (2) authorize the City Manager to initiate the bond application process to issue $120 million of revenue bonds in the Municipal Bond Market to fund a nine-year citywide Paving Program for fiscal years 2025/2026 through 2033/2034 (Absent: Arriola and Verder-Aliga)
D. RECEIVE AN UPDATE ON FISCAL YEAR 2023-2024 COUNCIL GOALS AND PROVIDE DIRECTION TO STAFF REGARDING FISCAL YEAR 2024-2025

COUNCIL GOAL SETTING PROCESS
Recommendation: Receive a presentation on an update on Fiscal Year 2023- 2024 Council Goals and provide direction to staff on Fiscal Year 2024-2025 Goal Setting process.

Contact: Mike Malone, City Manager (707) 648-4576
[email protected]
Assistant to the City Manager Peterson and Organizational Development & Training Manager Bennett provided an update on the 5 priority areas.

Special City Council Meeting Minutes
February 20, 2024
Page | 5
Staff responded to questions from Councilmembers.

Councilmembers provided comment and provided direction to staff to continue with the goals adopted for FY 2023-24.

6. INFORMATION CALENDAR – None.

7. ADJOURNMENT
The meeting adjourned at 12:28 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Special City Council Meeting Minutes
February 27, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
FEBRUARY 27, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

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

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Managers Davis and Haen, Chief Assistant City Attorney Risner; Human Resources Director Sifuentes, Art Hartinger (Renne Public Law Group), James Wawrzyniak Jr. (Jones Hall), and Joe Gorton (Consultant) The City Council convened into Closed Session at 4:33 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)- one case B. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Stephanie Sifuentes, Human Resources Director
Employee Organizations: Confidential, Administrative, Managerial & Professional (CAMP) and International Brotherhood of Electrical Workers (IBEW), Local 1245 C. Public Employment
Title: City Manager
Pursuant to Government Code Section 54957

4. ADJOURNMENT
The meeting adjourned at 7:00 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

Special City Council Meeting Minutes
February 27, 2024
Page | 2
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Regular City Council Meeting Minutes
February 27, 2024
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
FEBRUARY 27, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:08p.m.

2. ROLL CALL

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

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

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to staff or its negotiators related to Closed Session Items 3A, 3B and 3C. There was no other action to report.

5. PRESENTATIONS AND COMMENDATIONS
Actions: Presentations were made by Mr. Riley (Co-Chair of Vallejo Waterfront Weekend) and Councilmember Palmares.

A. WATERFRONT WEEKEND CHECK PRESENTATION
B. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF THE 50TH

ANNIVERSARY OF THE VALLEJO ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC.

6. FIRST COMMUNITY FORUM
Speakers: Jackie Jones, Jose Carrizales, Patricia Loufas-Rentschler, Ralph Halford, and John Kenney.

Action: moved by Vice Mayor Loera-Diaz and carried unanimously to extend the First Community Forum time limit to recognize virtual speakers.

Speakers: Anne Carr
Action: moved by Councilmember Palmares and carried unanimously to further extend the First Community Forum to recognize additional in person speakers.

Speakers: Renee Sykes, Dionne Carter, Lewis Eula, Kerby Lynch, and Isobet Beltane.

Regular City Council Meeting Minutes
February 27, 2024
Page | 2

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

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: moved by Vice Mayor Loera-Diaz and approved unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Item 8E from the Consent Calendar making it Item 8.1and moving Information Calendar Item 10C up to be heard immediately following the approval of Item 8.1.

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meeting of February 6 and 10 and the special and regular meetings of February 13, 2024 Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: approved minutes.

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

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

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for period of December 1-31, 2023 D. ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE

ENVIRONMENTAL CONSULTING SERVICES FOR THE SONOMA
GATEWAY APARTMENTS PROJECT AT 5190 SONOMA BOULEVARD AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution
approving an Environmental Consultant Agreement with LSA Associates, Inc. to provide environmental consulting services for the Sonoma Gateway Apartments project at 5190 Sonoma Boulevard and authorizing the City Manager to execute same.

Contact: Christina Ratcliffe, AICP, Planning and Development Services Director [email protected]
Regular City Council Meeting Minutes
February 27, 2024
Page | 3
Action: adopted Resolution No. 24-024 N.C.

E. ADOPT A RESOLUTION APPROVING LESSEE'S REQUEST FOR A 120-

DAY EXTENSION TO THE DUE DILIGENCE PERIOD (WITH A POTENTIAL ADDITIONAL 60-DAY EXTENSION) PURSUANT TO SECTION 3.3 OF THE LEASE AGREEMENT FOR 285 MARE ISLAND WAY AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15306 AND 15309 RELATING TO INFORMATION GATHERING AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving Lessee's request for a 120-day extension to the Due Diligence Period (with a potential additional 60-day extension) pursuant to Section 3.3 of the Lease Agreement for 285 Mare Island Way, finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15306 and 15309 relating to information gathering, and authorizing the City Manager to execute same.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: item was removed from the Consent Calendar at the request of Councilmember Bregenzer.

City Manager Malone provided comment.

Assistant City Manager Haen provided comment regarding the proposed extension and responded to questions from Councilmembers.

Councilmembers provided comment.

Omar Carrillo (representing Yocha Dehe Wintun Nation) addressed Council on the item.

Councilmembers provided additional comments.

Speakers: AJ
Action: moved by Mayor McConnell to adopt a resolution approving Lessee’s request for an extension to June 30, 2024 to the Due Diligence period pursuant to Section 3.3 of the Lease Agreement for 285 Mare Island Way and finding the action exempt from CEQA pursuant to CEQA Guidelines Sections 15306 and 15309 relating to information gathering and authorizing City Manager to execute same.

A substitute motion was offered by Councilmember Bregenzer and carried to adopt Resolution No. 24-025 N.C., a resolution approving Lessee’s request for a 90 day extension to the Due Diligence period pursuant to Section 3.3 of the Lease Agreement for 285 Mare Island Way and finding the action exempt from Regular City Council Meeting Minutes
February 27, 2024
Page | 4
CEQA pursuant to CEQA Guidelines Sections 15306 and 15309 relating to information gathering and authorizing City Manager to execute same (Noes:

Mayor McConnell and Councilmember Arriola).

9. ACTION CALENDAR
A. ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE POLICE

OVERSIGHT & ACCOUNTABILITY COMMISSION (POAC)
Recommendation: Adopt a resolution making the following appointments to the Police Oversight & Accountability Commission (POAC):

1. Mayor McConnell - appointment at-large

2. Councilmember Verder-Aliga - District 1 appointment

3. Councilmember Matulac - District 2 appointment

4. Vice-Mayor Loera-Diaz, District 3 appointment

5. Councilmember Palmares - District 4 appointment

6. Councilmember Bregenzer- District 5 appointment

7. Councilmember Arriola - District 6 appointment

8. City Council - collectively appoint 1 community member as Alternate Member
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
The City Council individually made their appointment to the newly created POAC and collectively appointed a community at-large member.

Action: Moved by Vice Mayor Loera-Diaz and carried unanimously to adopt Resolution No. 24-026 N.C., make the following appointments to the POAC:

Mayor McConnell (at-large appointment): Naomi Yun for a term to expire February 27, 2027.

Councilmember Verder-Aliga (District 1appointment): Mike Nisperos for a term to expire February 27, 2028.

Councilmember Matulac (District 2 appointment): Cameron Clark for a term to expire February 27, 2026_.

Vice Mayor Loera-Diaz (District 3 appointment): Richard Hybels for a term to expire February 27, 2026.

Councilmember Palmares (District 4 appointment): Renee Sykes for a term to expire February 27, 2028.

Councilmember Bregenzer (District 5 appointment): Derek Roy for a term to expire February 27, 2027.

Councilmember Arriola (District 6 appointment): John Lewis for a term to expire February 27, 2025.

Melvin E. Jones appointed collectively by the City Council as a community member at-large for a term to expire February 27, 2028 (4 years).

B. ADOPT RESOLUTIONS TO AMEND (1) THE FISCAL YEAR 2023-24 MID- YEAR BUDGET; (2) THE SALARY PLAN; AND (3) PURCHASE OF VEHICLE Regular City Council Meeting Minutes
February 27, 2024
Page | 5
(STEP 2 of 2)
Recommendation:

Adopt three Resolutions as follows:

1. Resolution (Attachment A) to amend the City's Fiscal Year 2023-24 Adopted Budget (Exhibit 1).

2. Resolution (Attachment B) to amend the City's Salary Plan (Exhibit 2A & 2B)

3. Resolution (Attachment C) authorizing the City Manager to Purchase Three Additional Vehicles Scheduled and Funded for Replacement in FY 2023-24
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Finance Director Nayar provided an overview of the staff report and outlined the recommendation.

Action: moved by Mayor McConnell and carried unanimously by members present to adopt: (1) Resolution No. 24-027 N.C., a resolution amending FY 2023-24 adopted budget; (2) Resolution No. 24-028 N.C., a resolution amending the City’s Salary Plan; and (3) Resolution No. 24-029 N.C., a resolution authorizing the City Manager to purchase three additional vehicles scheduled and funded for replacement in FY 2023-24 (Absent: Loera-Diaz).

10. INFORMATION CALENDAR
Items on the Information Calendar were taken out of order. Item 10C was heard immediately following the adoption of the Agenda and the Consent Calendar and Item

8.1. The minutes reflect the items in the order in which they appeared on the agenda.

A. WATER DEPARTMENT UPDATE
Recommendation: Receive an update from the Water Department. This item is for informational purposes only. There is no staff report or action associated with this item
Contact: Beth Schoenberger, Water Director (707) 648-5439 [email protected]
Water Director Schoenberger and Water Resources Manager Cansdale provided introductory comments and the context for tonight’s presentation, reviewed the Drinking Water Systems, dams and watersheds, discussed the Water Utility Finance/Water Revenue Bond, outlined the department’s strengths and three top challenges, and concluded the presentation discussing strategic next steps.

Councilmember Palmares left the meeting.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Regular City Council Meeting Minutes
February 27, 2024
Page | 6
B. RECEIVE AN UPDATE ON THE PUBLIC SAFETY STAFFING EMERGENCY Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.

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

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

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Speakers: Anne Carr.

C. UPDATE ON PROPOSITION 64 GRANT AWARD
Recommendation: This item is for informational purposes only. There is no staff report or action associated with this item
Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
This item was taken out of order and heard immediately following the adoption of the Agenda and Consent Calendar.

Youth Coordinator Grace-Barksdale and Administrative Analyst Wilson defined the Prop 64 grant and proposed purpose areas and provided an overview of the Club Stride Program.

Pastor Anthony Summers provided an overview of the Healthy Vallejo Community Support Services Program.

Youth Coordinator Grace-Barksdale and Administrative Analyst Wilson concluded the presentation by recognizing support partners.

Staff and Pastor Summers responded to questions from Councilmembers.

Councilmembers provided comment.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT – None.

Regular City Council Meeting Minutes
February 27, 2024
Page | 7

13. COMMUNITY FORUM
Speakers: Francie McInerney MacMillan

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

15. ADJOURNMENT
The meeting adjourned at 11:31 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.C.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 CAPITAL OUTLAY FUND BUDGET FOR PAVEMENT MANAGEMENT PROGRAM EFFORTS (STEP 2)

RECOMMENDATION
Adopt a Resolution to amend the Fiscal Year 2023-24 budget by allocating $5 million of unappropriated Measure P revenue for Pavement Management Plan efforts.

REASONS FOR RECOMMENDATION
City Charter Section 703 permits the transfer of unappropriated funds by the City Council upon one week’s written notice of its intention to do so. The Notice of Intent to amend the budget was presented to Council at the Special Council Meeting held on February 20, 2024. This proposed action is the second step of the City Charter-required two-step budget amendment process.

BACKGROUND AND DISCUSSION
Voters approved the Vallejo’s Safe Streets and Essential Services Measure (Measure P) in the November 2022 Municipal Elections. Measure P is estimated to generate $18 million annually to help maintain critical City services and address community priorities as identified in previous community surveys. Since the adoption of Measure P, more than $11 million of revenue has been collected.

On December 20, 2022, the City Council adopted Resolution No. 22-222, which directed staff to prioritize uses of revenue generated by Measure P, which included repairing deteriorating neighborhood streets, roads and sidewalks.

The Metropolitan Transportation Commission (MTC) pavement conditions report for the year 2021 ranked the City of Vallejo with an average Pavement Condition Index (PCI) of 48 (poor), making Vallejo one of the lowest ranking jurisdictions. This observation was based on the condition of the City of Vallejo’s approximately 710 miles of roadway.

Staff have used a number of planning tools such as MTC’s Pavement Technical Assistance Program (PTAP), Street Saver Software, and the City’s Geographic Information System (GIS) to plan a pavement management program to systematically improve Vallejo’s street system. Based on the 2021 PTAP assessment, the estimated cost of overall deferred road maintenance in Vallejo is over $300 million. The pavement improvements needed range from roadway surface treatments, such as slurry sealing, up to full depth reclamation (FDR) on failing major streets. Analysis and engineering will determine the specific treatments needed for each street. Most street paving treatments trigger the installation of curb ramps to comply with the Americans with Disabilities Act (ADA), so a comprehensive curb ramp program must be included as well.

To facilitate pavement preservation efforts, Public Works has used budgeted gas tax (SB1) revenues to engage Unico Engineering for pavement inspection of residential streets and Willdan Engineering for engineering and pavement management program expertise. However, additional funding is needed to continue these efforts (as detailed below) without interruption and to begin construction projects. These projects align

Date: March 12, 2024
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 CAPITAL OUTLAY FUND BUDGET FOR PAVEMENT MANAGEMENT PROGRAM EFFORTS (STEP 2)

Page 2 ends

with the Council's Measure P funding priorities, and therefore the appropriation of Measure P funding for these efforts is appropriate.

Based on the work performed by Unico Engineering and Willdan Engineering, and by analyzing the Streetsaver data, Public Works evaluated residential areas to confirm groups of street segments which can be improved quickly with crack seal, minor dig outs and slurry seal. This work is estimated to cost two million dollars, including contingencies.

Working with Willdan Engineering, staff have evaluated the level of effort and costs of delivering pavement treatments on all Vallejo streets below 80 PCI in stages over a 10-year program timeline. The minor and major pavement section upgrades require further data collection and engineering before bid packages can be prepared and advertised for construction. Funding of one million dollars is needed for comprehensive pavement management services to initiate contracts for the engineering services to deliver annual pavement management bid packages. In addition, a bid package will be prepared to bring 100 or more curb ramps into compliance with the ADA, with construction scheduled to begin in the spring of 2025. This work has been scaled to not exceed $500,000.

Per Section 3.09.150 of the Vallejo Municipal Code, the Measure P Oversight Committee (MPOC) was established to independently review and advise upon the city’s expenditure of proceeds generated by the Measure P transactions and use tax. Staff met with the MPOC on February 15, 2024, to review and discuss the request being made to Council for the appropriation of Measure P funding for pavement management activities. It was moved and unanimously carried by the MPOC to support the recommendation of staff to appropriate the requested funding.

At the same meeting, following further discussion, it was carried unanimously by the MPOC to make a recommendation to City Council to consider the appropriation of an additional $1.5 million of Measure P funding for the following: $500,000 for traffic striping and $1 million for pothole repair. This recommendation (copy attached to this staff report) was shared with City Council and discussed during the Special City Council meeting on February 20, 2024.

Council's approval of this item will result in the appropriation of $5 million of Measure P fund revenues to the Capital Outlay Fund for pavement management program efforts.

FISCAL IMPACT
Approximately $11 million of Measure P revenue has been received to date. None of this funding has been appropriated. Approval of this item will authorize the appropriation of $5 million of Measure P funds and increase Fiscal Year 2023-24 Capital Outlay Fund expenditure budget in the same amount. Expenditure budget will be allocated to the following projects:

Description Revenue Expenditure Budget
Measure P (Fund #005) - transfer out $5,000,000

Description Revenue Expenditure Budget
PW9705-ADA Curb Ramps Project (Fund #201) - transfer in $ 500,000 $ 500,000 PW9745-Citywide Slurry Seal Project (Fund #201) - transfer in
$2,000,000 $2,000,000
Date: March 12, 2024
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 CAPITAL OUTLAY FUND BUDGET FOR PAVEMENT MANAGEMENT PROGRAM EFFORTS (STEP 2)

Page 3 ends

PWC109-Street Overlay/Preservation (Fund #201) - transfer in
$2,500,000 $2,500,000

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. RESO Measure P-PMP Budget Amendment - Step 2_CAO Stamp

2. MPOC Recommendation to City Council - Appropriation of Budget for Pavement Mgmt Plan Efforts

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

a
RESOLUTION NO. 24- __________ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO AMENDING THE FISCAL YEAR 2023-2024 CAPITAL

OUTLAY FUND BUDGET FOR PAVEMENT MANAGEMENT
PROGRAM EFFORTS (STEP 2)
WHEREAS, voters approved the Vallejo’s Safe Streets and Essential Services Measure (Measure P) in the November 2022 Municipal Elections, and since its adoption more than $11 million of revenue has been collected; and
WHEREAS, on December 20, 2022, the City Council adopted Resolution No. 22-222, which directed staff to prioritize specific uses of revenue generated by Measure P, including the repair of deteriorating neighborhood streets, roads and sidewalks, among others; and WHEREAS, the Metropolitan Transportation Commission (MTC) pavement conditions report for the year 2021 ranked the City of Vallejo as one of the lowest ranking jurisdictions with an average Pavement Condition Index (PCI) of 48 (poor); and
WHEREAS, to implement pavement preservation efforts, funding is needed to support the following activities:
•$2 million for a residential street resurfacing (slurry seal) project •$500,000 for American with Disabilities Act (ADA) curb ramp compliance construction •$1 million for comprehensive pavement construction design and project management services; and
WHEREAS, on February 15, 2024, staff met with the Measure P Oversight Committee and proposed the appropriation of $3.5 million in Measure P funds to pay for those projects; and WHEREAS, the Measure P Committee adopted a recommendation to City Council to approve the appropriation proposed by staff and further recommended an additional $1.5 million in Measure P funding for traffic striping and pothole/minor road repairs; and WHEREAS, the above-mentioned proposed expenditures align with the Council set Measure P funding priorities adopted by the Council when Measure P was placed on the ballot; and WHEREAS, the City Council finds that appropriation of Measure P funding in the amount of $5 million for these efforts is appropriate; and
WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week’s notice of intention to do so; and WHEREAS, Notice of Intention to amend the Fiscal Year 2023-24 budget was provided to City Council on February 20, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Vallejo City Council hereby amends the fiscal year 2023-2024 Capital Outlay Fund budget in the amount of $5 million as follows:

Description Revenue Expenditure budget
Measure P (Fund #005) – transfer out $ 5,000,000
Description Revenue Expenditure budget
PW9705-ADA Curb Ramps Project (Fund #201) – transfer
in
$ 500,000 $ 500,000
PW9745-Citywide Slurry Seal Project (Fund #201) –
transfer in
$ 2,000,000 $ 2,000,000
PWC109-Street Overlay/Preservation (Fund #201) –
transfer in
$ 2,500,000 $ 2,500,000
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 12, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: ___________________________________
DAWN G. ABRAHAMSON, CITY CLERK
City of Vallejo
Measure P Oversight Committee
Recommendations to City Council
Appropriation of Measure P Funding for Pavement Management Plan Efforts February 20, 2024

Per Section 3.09.150 of the Vallejo Municipal Code, the Measure P Oversight Committee (Committee) was established to independently review and advise upon the city’s expenditure of proceeds generated by the Measure P transactions and use tax.

On Thursday, February 15, 2024, a Special Meeting was held in order for the Committee to receive information and consider supporting the Public Works Department’s recommendation to City Council to appropriate $3.5 million of Measure P funding for Pavement Management Plan efforts and authorize the initiation of the bond application process.

After a Q&A session with Public Works Director Tigbao, the Committee discussed the issue and it was carried unanimously by the Committee to support staff's request to City Council to appropriate Measure P funding for Pavement Management Program efforts and initiate the bond application process.

At the same meeting, following further discussion, it was carried unanimously by the Committee to make a recommendation to City Council to consider the appropriation of an additional $1.5 million of Measure P funding for the following: $500,000 for traffic striping and $1 million for pothole repair.

CONSENT CALENDAR 8.D.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN

ENGINEERING TO ADD ADDITIONAL SERVICES AND INCREASE COMPENSATION NOT TO EXCEED $220,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a Second Amendment to the Consultant and Professional Services Agreement with Willdan Engineering to add additional services and increase compensation not to exceed $220,000 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Per Section 3.20.050.C. of the Vallejo Municipal Code, contracts in excess of $100,000 must be approved by City Council.

BACKGROUND AND DISCUSSION
A Consultant and Professional Services Agreement (Agreement) in the amount of $85,000 was executed with Willdan Engineering (Willdan), in May 2023. The agreement was for Pavement Management Program planning services, and included the following: technical research, analysis of existing data on road conditions, evaluation of transportation infrastructure, field reviews, investigation of possible program funding options, and preparation of program phasing options. In February 2024, the Agreement was increased to $100,000 for Willdan to continue working on the City's pavement assessment.

Public Works intends to commence a slurry seal project to perform preventive maintenance on residential roadways throughout the City in fiscal year 2024-2025. Due to staffing shortages and the magnitude of the project, outside engineering services are needed to prepare plans, specifications, and engineering estimates necessary for the construction bid packages that will be advertised for this project. The ability to quickly deliver a bid package that is ready for advertisement is critical in order for the slurry seal project not to be delayed to the next construction season.

Willdan provided a quote of approximately $100,000 for the engineering and bid package preparation services needed to advertise this project and complete the competitive bidding process that will result in the award of a construction contract.

Willdan has specialized expertise in pavement management and improvement, and has developed in-depth knowledge of Vallejo's roadway system and infrastructure through their previous work on the Pavement Management Plan efforts. Willdan will be able to meet the City's timeline of preparing the bid documents to be advertised this spring. Staff recommend amending the existing Agreement with Willdan to increase the contract amount to not exceed $220,000, including contingency.

FISCAL IMPACT

Date: March 12, 2024
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN

ENGINEERING TO ADD ADDITIONAL SERVICES AND INCREASE
COMPENSATION NOT TO EXCEED $220,000 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

Page 2 ends

Funds to pay for these consultant services will come from Measure P appropriations to the Capital Outlay Fund (#201).

ATTACHMENTS

1. RESO Willdan Eng - Second Amendment to Agreement 3.12.24_CAO Stamp

2. Second Amendment to 23-PW217 Willdan Engineering_CAO Stamp

3. First Amendment to 23-PW217 Willdan Engineering_CAO Stamp

4. 23-PW217 WILLDAN ENGINEERING Consultant and Professional Services Agreement

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

Page 1 of 2 ends

RESOLUTION NO. 24- ______________

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

SECOND AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT WITH WILLDAN ENGINEERING TO ADD ADDITIONAL SERVICES AND INCREASE COMPENSATION NOT TO EXCEED $220,000 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, a Consultant and Professional Services Agreement (Agreement) in the amount of $85,000 was executed with Willdan Engineering (Willdan) in May 2023 for Pavement Management Program planning services, including technical research, analysis of existing data on road conditions, evaluation of transportation infrastructure, field reviews, investigation of possible program funding options, and preparation of program phasing options; and WHEREAS, in February 2024, the parties executed a First Amendment to the Agreement to increase Willdan’s compensation to an amount not to exceed $100,000; and WHEREAS, the Public Works Department intends to commence a slurry seal project to perform preventive maintenance on residential roadways throughout the City and requires the assistance of outside engineering services to prepare plans, specifications, and engineering estimates necessary for the construction bid packages that will be advertised for this project; and
WHEREAS, Willdan provided a quote totaling approximately $100,000 for the engineering and bid package preparation services needed to advertise the slurry seal project that will result in the award of a construction contract; and
WHEREAS, Willdan has specialized expertise in pavement management and improvement and has developed in-depth knowledge of Vallejo's roadway system and infrastructure and will be able to prepare the required documents within a short timeframe; and WHEREAS, funds to pay for these services will come from Measure P funds appropriated for Pavement Management Plan efforts.

NOW, THEREFORE BE IT RESOLVED that the Second Amendment to the Consultant and Professional Services Agreement with Willdan Engineering in an amount not to exceed $220,000 is hereby approved, with any modifications recommended by the City Attorney and the City Manager is authorized to execute same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on March 12, 2024, with the following vote:

Page 2 of 2 ends

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment to Agreement #23-PW217 Willdan Engineering Page 1 of 14

SECOND AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BETWEEN CITY OF VALLEJO
AND

WILLDAN ENGINEERING
This Second Amendment to the Consultant and Professional Services Agreement made and entered into on May 15, 2023, hereafter referred to as “Agreement”, between Willdan Engineering, a California Corporation, therein referred to as “Consultant”, and the City of Vallejo, a municipal corporation, therein referred to as “City”, is made and entered into on this 13th day of March 2024.

Consultant and City do mutually agree as follows:

1. Additional Services. The scope of services to be provided as specified in Exhibit A of the Agreement is hereby amended to include the services described in Attachment 1 of this Second Amendment (“Additional Services”).

2. Amendment to Section 1.A of Exhibit B “Compensation.” Section 1.A of Exhibit B to the Agreement is hereby amended to read as follows:
“Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Two Hundred Twenty Thousand Dollars and Zero Cents ($220,000.00).

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

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, upon satisfactory completion of the services and delivery of the work product.”

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

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 2 of 14

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

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

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

7. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Second Amendment to Agreement #23-PW217 Willdan Engineering Page 3 of 14 IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.

Willdan Engineering,
a California corporation
BY:

Jonathan R. Mitchell
Director
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Michael Malone
City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Second Amendment to Agreement #23-PW217 Willdan Engineering Page 4 of 14 Attachment 1

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 5 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 6 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 7 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 8 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 9 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 10 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 11 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 12 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 13 of 14

Second Amendment to Agreement #23-PW217 Willdan Engineering Page 14 of 14

First Amendment to Agreement #23-PW217 Willdan Engineering Page 1 of 3

FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BETWEEN CITY OF VALLEJO
AND

WILLDAN ENGINEERING
This First Amendment to the Consultant and Professional Services Agreement made and entered into on May 15, 2023, hereafter referred to as “Agreement”, between Willdan Engineering, a California Corporation, therein referred to as “Consultant”, and the City of Vallejo, a municipal corporation, therein referred to as “City”, is made and entered into on this 1st day of March 2024.

Consultant and City do mutually agree as follows:

1. Amendment to Section 1.A of Exhibit B “Compensation.” Section 1.A of Exhibit B to the Agreement is hereby amended to read as follows:
“Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).

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

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

4. Ambiguities. The parties have each carefully reviewed this First Amendment and

First Amendment to Agreement #23-PW217 Willdan Engineering Page 2 of 3 have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

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

6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement #23-PW217 Willdan Engineering Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

Willdan Engineering,
a California corporation
BY:

Jonathan R. Mitchell
Director
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Michael Malone
City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Jun 13, 2023 1:43 PM, 1111557036
Contract and Routing Form
Requisition Number: 1111133189
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Public Works Departments, Engineering
Staff Contact: Melissa Tigbao, [email protected] Contract Type: Master Consultant and Professional Services Agreement Vendor: Willdan Engineering Vendor Number: 104548
Business License Number: 11718876
Contract Not to Exceed Amount: 85000.00
Contract Start Date: May 15, 2023 End Date: Jun 30, 2024 Authority to Contract: Department Director
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F 23-PW217
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager

Finance Department

City Attorney

City Manager

City Clerk

Return executed contract to: Alison Hughes
DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F 7/7/2023
7/7/2023
7/10/2023
7/14/2023
7/14/2023
7/16/2023

Jun 12, 2023 1:03 PM, 1111133189
Pre-Requisition Form

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Public Works Departments, Engineering
Staff Contact: Melissa Tigbao, [email protected] Vendor: Willdan Engineering
Term: Multi-year Term
Anticipated Start Date: May 15, 2023
Anticipated End Date: Jun 12, 2023
Anticipated Contract Type: Master Consultant and Professional Services Agreement Purchasing Authority: Department Director/ACM
Total Projected Expenditure: 85000.00

Multiple Project Numbers? Multiple Account Numbers? No, just one

Description of Proposed Purchase:

Pavement Management Program Development and Implementation Support.

I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

This is a new/inactive vendor and it is not anticipated to hit the cap of $100,000 in a single FY.

Competitive Process: I have completed an Informal RFP for Services Winning Quote Uploaded: Yes

Explanation for Vendor Selection:

Three vendors were asked to propose, two responded. The better qualified and priced vendor was chosen.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNot sure

Project EstimateYes

Winning Bid/Quote/ProposalYes
Other Bid/Quote/ProposalYes

June 30, 2024
DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F Pre-Requisition Signature Section

Department Comment

Supervisor/Manager: Brisa Long
Title: Admin Analyst
E-mail: [email protected]

_
_
Signature Date

Delegated Signee: Melissa Tigbao
Title: Public Works Director
E-mail: [email protected]

_
Signature Date

Route Final HTE PO to City Clerk for Contract Log

Brisa Long
Digitally signed by Brisa Long
DN: cn=Brisa Long, o=City of Vallejo, ou=Public
Works, [email protected], c=US
Date: 2023.06.13 09:22:06 -07'00'
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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 15th day of May, 2023, by and between the C ity of Vallejo , a municipal corporation ("City"), and Willdan Engineering, a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 10

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

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

8. Independent Contractor. Consultant is an independent contractor .

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

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 10

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

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

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

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

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

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

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 10

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

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

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

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

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

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

16. Term. The term of this Agreement shall commence on May 15, 2023, and shall continue in full force and effect until June 30, 2024.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three year.

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 10 If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.

Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termi nation, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

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

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

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

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 10

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

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

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

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

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

22. Non-Discrimination/Fair Employment Practices.

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

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

In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F

Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 10 materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.

(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, t he Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

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

If to City: Melissa Tigbao, P.E.,
Public Works Director
555 Santa Clara Street
Vallejo, CA 94590

If to Consultant: Jonathan Mitchell, P.E.

Director
Willdan Engineering
2240 Douglas Blvd., Ste. 270
Roseville, CA 95661

Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

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

26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California
without regard to its conflicts of law rules. Litigation DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 10 arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Waiver.

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

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

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

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

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

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

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

A viola
tion by Consultant of this section shall be a material violation of this DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F

Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 10 Agreement and will justify legal and/or equitable relief.

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

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

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

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

36. Facsimile Signature ; Electronic Signature . This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.

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

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F Consultant and Professional Services Agreement (Revised 01.2019) Page 10 of 10 IN W
ITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

WILLDAN ENGINEERING,
a California corporation
By:

Jonathan R. Mitchell
Direc
tor
DATE:
11718876
Business License Number
(City
Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
__________
Melissa Tigbao, P.E.

Public Works Director

APPROVED
AS TO FORM:

Veronica A.F. Nebb
City Attorney

APPROVED
AS TO INSURANCE:

Armond Sarkis
Risk Manager
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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 5 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Melissa Tigbao
Public Works Director
Public Works Department
555 Santa Clara Street
Vallejo CA 94590
P: (707) 648-4433
E: [email protected]

The Consultant’s Representative for this Agreement is:

Jonathan Mitchell
Director
Willdan Engineering
2240 Douglas Blvd., Ste. 270
Roseville, CA 95661
P: (916) 999-3958
E. [email protected]

All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

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

3. Time for Performance. Consultant will perform the services on an on-call, as-needed basis based on the direction of the City. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

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Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 5 Exhibit A – Scope of Work
EXHIBIT A, ATTACHMENT 1

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Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 5 Exhibit A – Scope of Work

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Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 5 Exhibit A – Scope of Work

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Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 5 Exhibit A – Scope of Work

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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this A greement and for all authorized reimbursable expenses, for a total not to exceed Eighty Five Thousand Dollars [$85,000.00].

Consultant shall notify City in writing no later than thirty (3 0) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses , upon satisfactory completion of the services and delivery of the work product.

B. Additional Services:

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

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

2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit A, and incorporated herein by this reference.

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit B - Compensation

4. Payments to Consultant.

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. C ity’s Purchase Order Number (if issued)

5. Project Name and City Representative Name: Oscar Alcantar

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

7. Total Billed to Date

C. Items shall be separated into Services and Reimbursable Expenses.

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

D. Request for payment shall be sent to: [email protected]

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

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

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

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

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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

A. General Liability: $2 ,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo , its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

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

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

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

F. The w orkers’ compensation and employer’s liability p olicy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F

Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

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

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

7. Subcontractors. Consultant shall include all sub contractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers,LLC
CA License #0F15767
777 S. Figueroa Street, 52nd fl.

Los Angeles CA 90017
213-689-0065
Willdan Engineering
13191 Crossroads Parkway, North
Suite 405
City of Industry, CA 91746
WILLD01
Travelers Property Casualty Company of America 25674
Allied World Surplus Lines Insurance Company 24319
X
X
X Emp. Benefits Liab.

X Contr. Liab. Incl.
1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
X
1,000,000

XXXXXXX

XXXXXXX
X X 1,000,000
1,000,000

XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Arch&Eng Prof Per Claim:$1,000,000
Aggregate:$1,000,000
A 810-7T01965A-22-43-G 11/9/2022 11/9/2023
A P-630-7T016289-TIL-22 11/9/2022 11/9/2023
B 0313-5950 11/9/2022 11/9/2023
A CUP-7T021969-22-43 11/9/2022 11/9/2023
A UB-7T02108A-22-43-G 11/9/2022 11/9/2023
11/9/2023
1506116
Y N
Y N
Y N
Y
5/17/2023
N N
19580944
19580944 XXXXXXX
City of Vallejo,
Public Works
Attention: Melissa Tigbao, P.E.
555 Santa Clara Street
Vallejo, CA 94590
RE: 2023 - Pavement Management Program - Development and Implementation. The City of Vallejo, its officers, officials, employees, agents and volunteers are included as Additional Insured(s) in accordance with the provisions of the General Liability policy including with respect to liability arising out of Contractor's ongoing and completed operations performed on behalf of the client;
Automobile Liability policy and Umbrella Liability policy. Please see the next page.

X X
See Attachments
DocuSign Envelope ID: E1AFE571-7338-4384-B775-573FCABF460F CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03)
General Liability, Automobile Liability and Umbrella Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an
Additional Insured, but only in accordance with the provisions of the policies. A Waiver of Subrogation is granted in favor of City of Vallejo, its officers, officials, employees, agents and volunteers in accordance with the policy provisions of the Workers' Compensation policy. Umbrella Liability follows form over General Liability, Auto Liability and Employers Liability as per the policy language. Policies include 30-days’ notice of cancellation (except 10 days for non-payment of premium) and the provisions of each policy govern how notice of cancellation may be delivered to Certificate Holder. Separation of Insureds provision is included in accordance with the policy provisions of the Commercial General Liability, Automobile Liability, and Umbrella Liability policies. General Liability deductible - $0; Automobile Liability deductible - $0 ($1,000 for Comprehensive/Collision); Professional Liability SIR - $0.

Certificate Holder ID: 19580944
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POLICY NUMBER: P-630-7T016289-TIL-22 ISSUE DATE: 10-18-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED PERSON OR ORGANIZATION – NOTICE OF

CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS INCLUDED IN THIS POLICY

SCHEDULE
CANCELLATION: Number of Days Notice: 30

PERSON OR
ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU

HAVE AGREED IN A WRITTEN CONTRACT THAT

NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:

1. YOU SEND US A WRITTEN REQUEST TO

PROVIDE SUCH NOTICE, INCLUDING THE

NAME AND ADDRESS OF SUCH PERSON OR

ORGANIZATION, AFTER THE FIRST NAMED

INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND

2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF

THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZ-

ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.

PROVISIONS
If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation.

IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Attachment Code: D603994 Certificate ID: 19580944
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CONSENT CALENDAR 8.E.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Michael Nimon, Economic Development Director
SUBJECT: ADOPT RESOLUTION APPROVING A STATEMENT REGARDING OWNERSHIP OF

CRANE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving the Statement of Ownership for the ex-YD 228 crane and authorizing City Manager to execute same.

REASONS FOR RECOMMENDATION
The City’s Statement of Ownership of the ex-YD 228 crane would document the transfer of the crane from the City to Lennar Mare Island. Such statement is required by the US Coast Guard as part of the sale of such crane by XKT Engineering to a third party.

BACKGROUND AND DISCUSSION
XKT Engineering, the oldest business on Mare Island, is working with the US Coast Guard (USCG), regarding the sale of the ex-YD 228 crane to a third party. As part of this transaction, the crane is to be re-registered and USCG must issue a transportation permit. The USCG is requesting some type of documentation relating to the ownership of the Crane which was originally owned by the Navy and housed at Mare Island.

Staff has researched the information available to determine how XKT came to be in possession of the crane and the ownership history of the crane since the transfer of property from the Navy. The following information was obtained.

Navy Conveyance to City:

In response to XKT’s request, the US Navy provided XKT a Certificate in lieu of Builder’s Certificate (see Attachment 3) that states the crane was constructed by the Navy and transferred to the City of Vallejo via the Economic Development Conveyance Memorandum of Agreement dated September 30, 1999 (EDC MOA) between the Government and the City of Vallejo.

City Conveyance to Lennar Mare Island (LMI):

Per the below timeline, the City and Navy anticipated the crane would be included in EDC MOA list of personal property. Although the crane does not appear in the original 1999 EDC MOA 764-page Bill of Sale exhibit, the 2002 Bill of Sale from the City to LMI states the City conveyed to LMI the personal property owned by the City that was conveyed from the Navy in 1999, and that although the City accepted ownership of such personal property from the Navy in 1999 they did not make an extensive inventory due to the quantity of items.

Below is a timeline regarding the possession and conveyance of the crane.

• 1995 – XKT enters lease with the Navy
• January 1998 – City letter to the Navy requesting transfer of ex-YD 228 crane to the City for use by XKT. When approved, the City was to include the crane in XKT’s sublease.

Date: March 12, 2024
Subject: ADOPT RESOLUTION APPROVING A STATEMENT REGARDING OWNERSHIP OF

CRANE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

• February 1998 – Navy Letter to the City stating the Navy requested ownership of ex-YD 228 crane be transferred to the City and that the item was to be included in EDC MOA for personal property. • November 1998 – City executes Addendum #3 to XKT lease adding Personal Property including the ex-YD 228 crane. As stated in the lease, the crane was located at Suisun Bay and XKT was to move the crane to and use at Berth 20 on Mare Island.
• September 1999 - EDC MOA executed between the City and Navy. Includes Exhibit L - Bill of Sale and Listing of Personal Property (764 pages). Crane is not specifically listed. • February 2002 – Navy deeds Early Eastern Transfer Parcel (EETP) to the City. • March 2002 – City transfers ownership of the EETP to LMI via grant deed recorded March 26, 2002. Under the EETP Deed Bill of Sale the City sold, transferred, and conveyed to LMI the property owned by the City that was conveyed from the US Navy in 1999. • December 2016 - LMI enters into new lease with XKT. Per Section 1.4c, LMI to transfer right, title and interest in equipment owned by LMI and located on Premises including the ex-YD 228 crane. • November 2023 - Navy provided “Certificate in lieu of Builder’s Certificate” that states the crane was disposed of by the 1999 EDC MOA with the City.

XKT estimates the current value of the crane to be approximately $1 Million; however this value includes the improvements XKT has added to the crane. Since XKT moved the crane to Mare Island in late 1998, XKT has had extensive engine, retrofit and certification work done on the crane.

Based on the agreements and letters detailed above, in addition to the Navy’s recent Certificate in lieu of Builder’s Certificate, staff recommends the issuance of a Statement of Ownership for the ex-YD 228 crane to allow XKT to proceed with the sale.

FISCAL IMPACT
There are no direct fiscal impacts associated with the issuance of the Statement.

ATTACHMENTS

1. CC Resolution XKT Crane Statement of Ownership CAO STAMP

2. Statement Regarding Ownership CAO Stamp

3. Certificate in Lieu of Builder's Certification for ex-YD 228

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

RESOLUTION NO. 24-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A STATEMENT OF OWNERSHIP FOR THE EX-YD 228 CRANE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, XKT Engineering (XKT) is working with the US Coast Guard (USCG), regarding the sale of their ex-YD 228 crane (Crane) to a third party; and WHEREAS, USCG must issue a transportation permit to XKT that requires documentation of the transfer of the Crane from the US Navy (Navy) to the City, and from the City to Lennar Mare Island (Lennar); and
WHEREAS, the Navy and City executed the Economic Development Conveyance Memorandum of Agreement (EDC MOA) dated September 30, 1999; and WHEREAS, although the City and Navy anticipated the Crane would be included in EDC MOA list of personal property, the Crane was not a specifically listed item in the EDC MOA agreement; and
WHEREAS, in 2002, the City issued the Easter Early Transfer Parcel (EETP) grant deed to Lennar which included a Bill of Sale under which the City sold, transferred, and conveyed to Lennar certain personal property owned by the City that was conveyed from the Navy in 1999; and
WHEREAS, although the Crane was not a specifically listed item of personal property in the EETP Deed Bill of Sale, the deed noted the City did not make an extensive inventory of Personal Property due to the quantity of items and did not attest or certify that the items listed were present on Mare Island at the time of sale by Navy; and WHEREAS, based upon the language of EETP Deed Bill of Sale there was an intent to transfer the Crane from the City to Lennar by execution of the 1999 EETP Deed Bill of Sale as part of the other unlisted personal property; and
WHEREAS, the US Navy issued XKT a Certificate in lieu of Builder’s Certificate on November 2, 2023 that states the Crane was constructed by the Navy and transferred to the City via the 1999 EDC MOA.

NOW THEREFORE BE IT RESOLVED that due to the City not receiving a formal Bill of Sale from the US Navy specifically listing the crane, it is not possible to issue a subsequent Bill of

Sale for the Crane from the City to Lennar. However, the City is able to provide a Statement of Ownership in Lieu of a Bill of Sale.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Statement of Ownership, with any modifications recommended by the City Attorney.

Adopted by the Council of the City of Vallejo at a regular meeting held on March 12, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Statement Regarding Ownership of ex-YD 228 crane
This is to certify the following:

The records of the City of Vallejo disclose that the US Navy issued a certificate in-lieu of builder’s certificate on November 2, 2023 that states the Service Craft ex-YD 228 crane was constructed by the US Navy, and the US Navy was sole owner until the ex-YD 228 crane was disposed of and transferred to the City of Vallejo via the Economic Development Conveyance Memorandum of Agreement dated September 30, 1999 between the Government and the City of Vallejo.

In 2002, the City of Vallejo transferred ownership of the Easter Early Transfer Parcel (EETP) to Lennar Mare Island via grant deed recorded March 26, 2002. Under the EETP Deed Bill of Sale the City sold, transferred, and conveyed to Lennar Mare Island the property owned by the City that was conveyed from the US Navy in 1999. While the ex-YD228 crane was not a specifically listed item of personal property in the EETP Deed Bill of Sale, to the best of my knowledge, this transfer included the ex-YD 228 crane.

The City is in possession of no Bill of Sale specifically listing the ex-YD 228 crane as part of the transferred personal property in the Economic Development Conveyance Memorandum from the US Navy to the City of Vallejo. Similarly, the City is not in possession of a Bill of Sale specifically listing the ex-YD 228 crane in the EETP transfer from City to Lennar Mare Island.

However, based upon the language of EETP Deed Bill of Sale, it appears that there was an intent to transfer the ex-YD 228 crane from the City to Lennar Mare Island by execution of the 1999 EETP Deed Bill of Sale as part of the other unlisted personal property. Therefore, while it is not possible to issue a subsequent Bill of Sale for the ex-YD 228 crane the information herein contained is furnished in Lieu of a Bill of Sale.
_____________________________
Mike Malone, City Manager
City of Vallejo

CONSENT CALENDAR 8.F.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE GRANT

AGREEMENT BETWEEN CITY OF VALLEJO AND SUTTER SOLANO MEDICAL

CENTER, TO PROVIDE ADDITIONAL FUNDING FOR THE BROADWAY

PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET

RECOMMENDATION
Adopt a resolution approving the second amendment to the Grant Agreement between City of Vallejo and Sutter Medical center, authorizing the City Manager to execute same and providing notice of intent to amend the fiscal year 2023-2024 budget relating to same.

REASONS FOR RECOMMENDATION
Addressing Housing and Unhoused is a multi-year priority area adopted by the Vallejo City Council. By approving this amendment, the City Council will be providing funding needed to complete the construction of the Broadway Project.

BACKGROUND AND DISCUSSION
In January 2022, City Council adopted a resolution authorizing the City Manager to apply for the California Project Homekey funding being offered by The Department of Housing and Community Development (HCD).

On January 31, 2022 staff submitted an application to HCD for such funding. On May 10, 2022 the City of Vallejo received the award from HCD, and in June 2022 Council approved the acceptance of the award.

In August 2022, the City of Vallejo applied for the Infill and Infrastructure Grant offered through HCD to be used towards the Broadway Project and received an award letter for the grant in May 2023. In June 2023 Council approved the acceptance of the award.

The Broadway Project is a 48-unit permanent supportive modular housing project designed to house chronically homeless individuals. The project will include 47 studio units, an on-site manager unit, community room and courtyard. On-site supportive services will be client-centered, strengths-based, and trauma-informed to help participants with goal setting, life skills, financial literacy, budgeting, needs assessments, and connections to benefits and community resources.

Sutter Health Hospitals (Sutter) is a supporter of the City of Vallejo and our efforts to improve homelessness challenges in Vallejo. In 2019 Sutter awarded the City of Vallejo three million dollars ($3,000,000) to be used towards assistance for the unhoused community, specifically, towards the Vallejo Navigation Center operations. In an effort to support the City Council’s priority area of housing and unhorsed, Sutter has offered to allocate two million dollars ($2,000,000) of the grant award provided to the City in 2019 to be used towards the construction of the Broadway Project. The remaining one million dollars ($1,000,000) will remain as operating funds for the Vallejo Navigation Center.

Date: March 12, 2024
Subject:

ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE GRANT

AGREEMENT BETWEEN CITY OF VALLEJO AND SUTTER SOLANO MEDICAL CENTER, TO

PROVIDE ADDITIONAL FUNDING FOR THE BROADWAY PROJECT, AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET

Page 2 ends

If Council accepts this amendment these funds would help to bring the Broadway project construction to fruition within the Homekey timeline with construction needing to be completed by September 30, 2024 and full occupancy of December 30, 2024.

FISCAL IMPACT

ATTACHMENTS

1. Sutter 2nd Amendment Reso_CAO Stamp_clean

2. Second Amendment Sutter Health Navigation Center Funding_CAO Stamp

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]

RESOLUTION NO. ________

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

SECOND AMENDMENT TO THE GRANT AGREEMENT BETWEEN CITY OF VALLEJO AND

SUTTER VALLEY HOSPITALS DBA SUTTER SOLANO MEDICAL CENTER, AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET
WHEREAS, addressing housing and the unhoused is an adopted City Council priority; and WHEREAS, the Broadway Project is a 48-unit permanent supportive housing project to house chronically homeless individuals; and
WHEREAS, Sutter Solano Medical Center (“Sutter”) is a supporter of the City and its efforts to addressing homelessness in Vallejo; and
WHEREAS, in 2019, Sutter awarded a grant of three million dollars ($3,000,000.00) to the City of Vallejo to be used towards the assistance of the unhoused community and more specifically, towards the operation of the Vallejo Navigation Center; and WHEREAS, Sutter has offered to increase the grant award by two million dollars ($2,000,000.00) to be used towards construction of the Broadway Project.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Second Amendment to the Grant Agreement between the City of Vallejo and Sutter Solano Medical Center to reallocate two million dollars of grant monies to the Broadway Project.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or his designee to execute same, with any modifications recommended by the City Attorney and the City Clerk to attest.

BE IT FURTHER RESOLVED that the City Council does hereby give its notice of intention to amend the general fund budget by two million dollars for fiscal year 2023-2024 to account for the change.

Adopted by the Council of the City of Vallejo at a special meeting held on March 12, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________

ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
SUTTER VALLEJO HOSPITALS dba

SUTTER SOLANO MEDICAL CENTER
and

CITY OF VALLEJO

SECOND AMENDMENT TO GRANT AGREEMENT
This Second Amendment to the Grant Agreement (“Second Amendment”) is entered into as of March 12, 2024 (the “Effective Date”), between Sutter Valley Hospitals, a California nonprofit public benefit corporation doing business as Sutter Solano Medical Center (“SSMC”) and City of Vallejo, a California municipal corporation (“City”).

RECITALS
A. SSMC and City entered into a Grant Agreement effective November 8, 2019, attached hereto as Exhibit A (the “Agreement”), whereby SSMC agreed to contribute Three Million Dollars ($3,000,000.00) of Grant Funds to City from the construction of a 125-bed Homeless Shelter, in furtherance of SSMC’s charitable mission of enhancing the well- being or people in SSMC’s community.

B. SSMC transferred all Grant Funds to City via three (3) One Million Dollar ($1,000,000.00) installments in years 2019, 2020, and 2021.

C. Pursuant to the Agreement, any Grant Funds not expended on Grant Objectives by December 31, 2022 were to be returned to SSMC.

D. Effective December 31, 2022, SSMC and City amended the Agreement to extend the term of the Agreement to expire on December 31, 2024 (First Amendment).

E. As of the Effective Date of the First Amendment, no Grant Funds have been expended on Grant Objectives due to significant, unanticipated obstacles encountered by City.

F. The parties met and conferred regarding the construction delays and confirmed that i) City continues to work in good faith towards achieving the Grant Objectives, ii) City continues to hold all Grant Funds received; and, iii) SSMC continues to support the Grant Objectives and agreed to the extension of the Grant Period through December 31, 2024.

G. The parties met and conferred regarding the construction timeline of the Homeless Shelter and other projects to address the unhoused community in Vallejo and SSMC continues to support the Grant Objectives and continued support of the unhoused in Vallejo.

NOW THEREFORE, the parties agree as follows:

AGREEMENT

1.Definitions. Capitalized terms not defined in this First Amendment shall have the meaning set forth in the Agreement.

2.Grant Objectives.

2.1 Addition of Grant Objectives. The Parties agree that funding the construction of the Broadway Project, a 48-unit permanent supportive housing development, will be added as a Grant Objective.

3.Budget and Use of Funds. The following shall be added as the last sentence of Section 7 of the Agreement (Budget and Use of Funds):
“One million dollars ($1,000,000.00) of the Grant Funds shall be allocated to the operation of the Homeless Shelter and two million dollars ($2,000,000.00) shall be allocated to construction of the Broadway Project.

4.No Other Changes. Except as set forth in this Second Amendment, no other modifications are being made to the Agreement and the Agreement shall remain in full force and effect.

5.Conflicts. In the event of a conflict in the terms of the Agreement and/or any amendments or extensions thereto, the last fully executed amendment or extension to the Agreement shall prevail.

6.Counterpart and Electronic Signature. As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This Agreement may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this Agreement are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.

7.Authority. The parties hereto expressly represent and warrant that the persons below are duly authorized agents with the power and authority to sign this document on behalf of that party.

The parties have executed this Second Amendment on the dates below, to be effective as of the Effective Date.

SSMC:

Sutter Valley Hospitals, a nonprofit
public benefit corporation dba Sutter
Solano Medical Center
By:
______________________________

CITY OF VALLEJO,
a municipal corporation
By:
______________________________
Name:
___________________________
Title:
_____________________________
Date:___________________________
__
Name:
___________________________
Title:
_____________________________
Date:___________________________
__

ACTION ITEM 9.A.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE PURCHASE

AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN

THE CITY OF VALLEJO AND BLUE ROCK SPRINGS, LLC TO EXTEND THE TIME IN

WHICH TO NEGOTIATE THE PARTICIPATION AND PERFORMANCE AGREEMENTS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

RECOMMENDATION
Adopt a Resolution approving the Fifth Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Vallejo and Blue Rock Springs, LLC to extend the time in which to negotiate Participation and Performance Agreements and authorizing the City Manager to execute the same.

REASONS FOR RECOMMENDATION
The Fourth Amendment to the PSA for the revitalization of the Blue Rock Springs Golf Course Housing Project is scheduled to expire on March 27, 2024. This Fifth Amendment provides the parties with an additional 180 days in which to negotiate and execute the Participation Agreement and Performance Agreement, respectively. Given staffing and Council priorities, staff is recommending additional time to finalize the agreements and move this important project forward.

BACKGROUND AND DISCUSSION
Purchase and Sale Agreement
On November 15, 2022, the City Council approved the Purchase and Sale Agreement and Joint Escrow Instructions (PSA) for 655 Columbus Parkway to Blue Rock Springs, LLC, which proposes to develop housing and commercial uses on the property. Escrow closed on or about December 28, 2022. Subsections 6(d)(i) and 6(f)(i) of the PSA provide that the parties may extend the time period in which to negotiate and execute a Participation Agreement and Performance Agreement, respectively, subject to written agreement executed by both parties. This Fifth Amendment extends the deadline from March 27, 2024 to Monday, September 23, 2024.

FISCAL IMPACT
Amending the Purchase and Sale Agreement does not pose any fiscal impacts to the General Fund.

ENVIRONMENTAL REVIEW
Amending the PSA is exempt from (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. A full environmental review will be undertaken of any future development proposal.

ATTACHMENTS

1. Resolution_FifthAmendment_CAO Stamp

2. Fifth Amendment.2024.01.24

Date: March 12, 2024
Subject: ADOPT A RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE PURCHASE

AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND

BETWEEN THE CITY OF VALLEJO AND BLUE ROCK SPRINGS, LLC TO EXTEND

THE TIME IN WHICH TO NEGOTIATE THE PARTICIPATION AND

PERFORMANCE AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME

Page 2 ends

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]

RESOLUTION NO. 24-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIFTH

AMENDMENT TO THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS BY AND BETWEEN THE CITY OF VALLEJO AND BLUE ROCK SPRINGS,

LLC TO EXTED THE TIME IN WHICH TO NEGOTIATE THE PARTICIPATION AND

PERFORMANCE AGREEMENS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, The City of Vallejo (“City”) and Blue Rock Springs, LLC (“BRS”) are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of December 20, 2022 (“Agreement”), pursuant to which BRS agreed to acquire that certain real property commonly known as 655 Columbus Parkway, Vallejo, California (“Subject Property”); and WHEREAS, escrow closed on Blue Rock Springs’ acquisition of the Subject Property on or about December 28, 2022; and
WHEREAS, subsections 6(d)(i) and 6(f)(i) of the Agreement provide that the parties may extend the time period in which to negotiate and execute a Participation Agreement and Performance Agreement, respectively, subject to a written agreement executed by both parties extending such deadline; and
WHEREAS, the parties desire to amend the Agreement to provide additional time in which to complete their negotiations.

NOW, THEREFORE BE IT RESOLVED that the Fifth Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions extending the deadline in which to negotiate and execute a Participation Agreement and Performance Agreement to September 23, 2024, is hereby approved.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said Fifth Amendment with such modification as may be recommended by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting held on March 12, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR

DAWN G. ABRAHAMSON, CITY CLERK

Page 1 ends

FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This Fifth Amendment to Purchase and Sale Agreement and Joint Escrow Instructions (“Fifth Amendment”) is made and entered by and between The City of Vallejo, a municipal corporation (“City”) and Blue Rock Springs, LLC, a Delaware limited liability company, or its assignee (“BRS”) (each a “Party,” and collectively, “Parties”), dated for reference purposes as of February 1, 2024. City and BRS do mutually agree as follows: RECITALS This Fifth Amendment is made with reference to the following facts, which the Parties agree are true and accurate: A. City and BRS are parties to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of December 20, 2022 (“Agreement”), pursuant to which BRS agreed to acquire the Subject Property. B. Escrow closed on BRS’ acquisition of the Property on or about December 28, 2022. C. The Agreement was modified by the following documents: a. First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions, dated as of January 20, 2023 (“First Amendment”); b. Second Amendment to Purchase and Sale Agreement and Joint Escrow Instructions, dated as of April 14, 2023 (“Second Amendment”); c. Third Amendment to Purchase and Sale Agreement and Joint Escrow Instructions, dated as of June 21, 2023 (“Third Amendment”); and d. Fourth Amendment to Purchase and Sale Agreement and Joint Escrow Instructions, dated as of September 1, 2023 (“Fourth Amendment”). D. Section references and capitalized terms not defined in this Fifth Amendment shall have the meanings given to them in the Agreement. NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and covenants contained in this Agreement, the receipt and adequacy of which is acknowledged, the Parties, intending to be legally bound, agree as follows: AGREEMENT The Recitals set forth in the introductory paragraphs of this Fifth Amendment constitute a material part of this Fifth Amendment, and are fully incorporated herein by this reference, as if set forth in their entirety. 1. Participation Agreement; Performance Agreement. Section 6(d)(i) and 6(f)(i) of the Agreement shall be and hereby are amended to provide that the Parties shall have six hundred thirty-six (636) days after Close of Escrow, i.e., until Monday, September 23, 2024 to negotiate and

Page 2 ends

execute a Participation Agreement and Performance Agreement, respectively. The date for Rescission to occur based on a failure to negotiate and execute such agreement(s) shall be and hereby is similarly extended. For the avoidance of doubt, the updated deadline is an extension of one hundred eighty (180) days after the March 27, 2024 date established by the Fourth Amendment. 2. Ratification. The Agreement, as amended, is hereby ratified and the Parties hereby reaffirm their obligations under the Agreement, as so amended as described herein. Except as otherwise provided in this Fifth Amendment, the terms of the Agreement are not modified, altered or amended, and remain in full force and effect. [SIGNATURES FOLLOW]

Page 3 ends

IN WITNESS WHEREOF, the Parties have executed this Fifth Amendment as of the date first written above. THE CITY OF VALLEJO a municipal corporation _____________________________________ By: Michael Malone Its: City Manager BLUE ROCK SPRINGS, LLC a Delaware limited liability company By: LEWIS MANAGEMENT CORP., a Delaware corporation Its: Manager _______________________________ By: John M. Goodman Its: Chief Executive Officer and Senior Executive Vice President ATTEST: _____________________________________ By: Dawn Abrahamson Its: City Clerk

APPROVED AS TO CONTENT: _____________________________________ By: Gillian Hayes Its: Assistant City Manager

APPROVED AS TO FORM: _____________________________________ By: Veronica A. F. Nebb Its: City Attorney

ACTION ITEM 9.B.

DATE: March 12, 2024
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
SUBJECT: ADOPT A RESOLUTION NOTIFYING THE SOLANO COUNTY BOARD OF

SUPERVISORS OF THE CITY'S DESIRE TO RECEIVE SPECIFIC LAW ENFORCEMENT

SERVICES FROM THE SOLANO COUNTY SHERIFF AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A 12-MONTH AGREEMENT IN AN AMOUNT NOT TO

EXCEED SIX TO EIGHT MILLION DOLLARS

RECOMMENDATION
Adopt a resolution notifying the Solano County Board of Supervisors of the City’s desire to receive specific law enforcement services from the Solano County Sheriff’s office, and authorize the City Manager to negotiate a 12-month agreement in an amount not to exceed $6 to $8 million dollars.

REASONS FOR RECOMMENDATION
This resolution is necessary as a prerequisite to formalize the City of Vallejo's intent to enter into an agreement with the Solano County Sheriff for contract services and will be submitted to the Solano County Board of Supervisors for their consideration. Furthermore, Council authority is required to authorize the City Manager to negotiate the price and terms of a formal agreement with the Sheriff.

BACKGROUND AND DISCUSSION
On July 13, 2023, the Vallejo City Council adopted an emergency proclamation proclaiming a public safety emergency due to critically low staffing levels in the Vallejo Police Department. Subsequently, during the past 6 months, staff have engaged regional law enforcement agencies to solicit mutual aid resources and explore options for short-term agreements to augment VPD staffing levels and ensure adequate levels of public safety until staffing levels improve.

The Solano County Sheriff has responded with a preliminary proposal to provide limited law enforcement services within the City of Vallejo city limits for a 12-month period. These services would be comprised of 11 positions, working 10 hours per day, 4 days per week. Assistance would include: responding to Priority One calls for service and requests for emergency assistance from VPD; and conducting community engagement and crime suppression efforts in target areas.

FISCAL IMPACT
There is no direct fiscal impact from approving this item. This item is just the preliminary step in authorizing the City Manager to actively negotiate for services. The negotiated contract will return to Council at a later date for consideration.

Date: March 12, 2024
Subject: ADOPT A RESOLUTION NOTIFYING THE SOLANO COUNTY BOARD OF

SUPERVISORS OF THE CITY'S DESIRE TO RECEIVE SPECIFIC LAW

ENFORCEMENT SERVICES FROM THE SOLANO COUNTY SHERIFF AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A 12-MONTH AGREEMENT

IN AN AMOUNT NOT TO EXCEED SIX TO EIGHT MILLION DOLLARS

Page 2 ends

ATTACHMENTS

1. Resolution - Solano Sheriff - CAO STAMP

CONTACT
Terrance Davis, Assistant City Manager (707) 648-5404
[email protected]

RESOLUTION NO. 23- _____ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO NOTIFYING THE SOLANO COUNTY BOARD OF SUPERVISORS OF THE CITY’S DESIRE TO RECEIVE

SPECIFIC LAW ENFORCEMENT SERVICES FROM THE SOLANO COUNTY SHERIFF AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR THOSE SERVICES IN AN AMOUNT NOT TO EXCEED $6,000,000 TO $8,000,000 WHEREAS, on July 13, 2023, the Vallejo City Council adopted an emergency proclamation proclaiming a public safety emergency due to critically low staffing levels in the Vallejo Police Department; and
WHEREAS, during the past 6 months, staff have engaged regional law enforcement agencies to solicit mutual aid resources and explore options for short-term agreements to augment VPD staffing levels and ensure adequate levels of public safety until staffing levels improve; and WHEREAS, the Solano County Sheriff has responded with a preliminary proposal to provide limited law enforcement services within the City of Vallejo city limits for a 12-month period.

NOW, THEREFORE BE IT RESOLVED that the City Council does hereby notify the Solano County Board of Supervisors of the City’s desire to receive specific law enforcement services from the Solano County Sheriff’s Office.

BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager negotiate the price and terms of said services with an amount not to exceed six to eight-million dollars ($6,000,000- $8,000,000).

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 23, 2023 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________

DAWN G. ABRAHAMSON, CITY CLERK

Vallejo City CouncilMarch 12, 2024

Vallejo City Council
March 12, 2024