Agenda packet — Vallejo City Council, May 14, 2024 (part 2 of 4)

such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Service Provider pursuant to this Agreement shall be the full and complete compensation to which Service Provider and Service Provider’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Service Provider nor Service Provider’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 Service Provider. The City shall not be required to pay any workers' compensation insurance on behalf of Service Provider.

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

14. Service Provider 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 , Service Provider shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

15. Term. The term of this Agreement shall commence on September 22, 2022 and shall continue in full force and effect until June 30, 2023.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Service Provider. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2025.

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

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

16. 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 Service Provider. Upon receipt of a notice of termination, Service Provider shall perform no further work except as specified in the notice. Before the d ate of termination, DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc.

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Service Provider 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 Service Provider 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 per formance 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 Service Provider for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Service Provider 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.

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

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

The City is an intended beneficiary of any work performed by Service Provider’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.

19. Successors and Assigns. All terms , conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc.

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successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

20. Non-Discrimination/Fair Employment Practices.

(a) Service Provider shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hi re 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 t o 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.

Service Provider 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 Service Provider for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Service Provider of Service Provider’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

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

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

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

If to City: Melissa Tigbao
Public Works Director
Public Works Department
555 Santa Clara Street
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc.

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Vallejo, CA 94590

If to Service Provider: Stanley B. Newton, Jr.

Project Manager
American Chiller Service, Inc.
11328 Sunrise Gold Circle
Rancho Cordova, CA 95742

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 sha ll 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 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 suc h litigation in such courts, and consent to service of process issued by such courts.

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

28. Ambiguity. The parties acknowledge that this is a negotiated a greement, 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 DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc.

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person or persons, firm or firms, corporation or corporations may require.

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

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

32. Confidentiality of City Information. During the performance of services under this A greement, Service Provider 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 C ity. Service Provider agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Service Provider’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party , other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of C ity, or as required by law.

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

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

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

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

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

35. Counterparts. The parties may execute this A greement in one or more DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc.

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

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

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 Services Agreement: American Chiller Services, Inc.

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IN WITNESS WHEREOF, the parties have executed this A greement on the day and year shown below the name of each of the parties.

AMERICAN CHILLER SERVICE, INC
A California corporation
By:

Stanley B. Newton, Jr.

Project Manager
DATE: ____________________
11704606
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:________________________
Michael Malone
City Manager
DATE:___________
ATTEST:

By:________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
__________________________
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM :

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

Armond Sarkis
Risk Manager
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 9/27/2022
10/25/2022

Services Agreement: American Chiller Services, Inc.

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DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services,
Inc. Page 1 of 5
Exhibit A

EXHIBIT A

SCOPE OF WORK

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

Nick Causbrook
Building Supervisor
Public Works Department, Maintenance Division
111 Amador Street
Vallejo, CA 94590
707-648-4563
[email protected]

The Service Provider’s Representative for this Agreement is:

Stanley B. Newton, Jr.

Project Manager
American Chiller Service, Inc.
11328 Sunrise Gold Circle
Rancho Cordova, CA 95742
916-457-7800
[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 Service Provider Representative and City’s Representative.

2. Services to be Provided. The following scope of services is intended to provide the City with a fully functional, properly maintained and optimal HVAC system. Services shall include all labor, parts, components and materials.

A. As Needed Repairs:

Scheduled Maintenance: is defined as service of repair work that is no t time sensitive or where the work involved is of such a nature that allows for advanced scheduling.

Examples include but are not limited to the scheduled replacement of any part of the heating or cooling system. Scheduled maintenance and repair requests shall be responded to within two (2) working days of notification. In no event will Scheduled Maintena nce Service be considered overtime without prior approval of the Building Supervisor or DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services,
Inc. Page 2 of 5
Exhibit A

their designee.

Prior to starting work, Service Provider shall provide Building Supervisor, or their designee, an estimate of the total cost to complete the needed repairs based on the Appropriate Billable Rates as specified in Exhibit B.

B. Emergency Maintenance: is considered to be a safety concern and shall be performed by the Service Provider at the direction of the Building Supervisor or their designee.

An example situation that may require an emergency response to the heating or cooling system is a compressor failure, failed electronic actuator, failed 2- or 3-way valve, failed fan, switch, or failed electronic board.

When notified by the City to respond to an emergency situation, the contractor shall be at the site same day of notification. The Service Provider shall maintain a local telephone number where contact can be made twenty-four (24) hours per day.

C. Preventative Maintenance:
 Performed on a semi-annual basis
 Includes, but is not limited to; inspect, repair as needed, and replace all failed worn, stationary, or moving components and or parts including but not limited to: refrigerant, oil, bearings, motor systems, seals, gears, burner, actuators, control valves and switches.

3. Locations and Time for Performance . Service Provider will perform semiannual preventative maintenance and/or as needed repair on HVAC units in the locations below. If the schedule calls for the services to be performed in phases or discrete increments, Service Provider shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

Location Address
City Hall 555 Santa Clara Street
JFK Library 505 Santa Clara Street
Police Station 111 Amador Street
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services,
Inc. Page 3 of 5
Exhibit A

Fire Administration 970 Nimitz Avenue
400 Mare Island Way 400 Mare Island Way
* In addition to these locations, others may be added in the future or current locations may be deleted

4. Department of Industrial Relations.

For the duration of this agreement, Service Provider shall maintain an active registration as a public works contractor in good standing with the State of California Department of Industrial Relations (DIR). Service Provider shall comply with all applicabl e DIR requirements. This project is registered with the DIR as project # ______________________.

5. Intent of Plans and Specifications. All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Should Service Provider discover work to be performed under Agreement is not in c onformance with these requirements, Service Provider agrees to immediately notify Building Supervisor or their designee in writing of said nonconformance, and to not proceed with nonconforming work.

Work performed under the Contract shall result in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid shall include full compensation for f urnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product. Where plans or Specifications may describe portions of work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used. The Service Provider shall furnish all labor, materials, tools, equipment, and incidentals, and complete all work involved to the highest possible standard of workmanship.

Should it appear that any work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained prior to the commencement of said work, the Service Provider shall apply t o the Building Supervisor or their designee in writing for such further explanations as may be necessary, and the Building Supervisor or their designee shall render his or her decisions thereon. The Service Provider shall thoroughly review all Requests for Information (RFI's) submitted by DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services,
Inc. Page 4 of 5
Exhibit A

subcontractors prior to submission to the Building Supervisor or designee. Service Provider represents to City of Vallejo, that by submission of an RFI to the Building Supervisor or designee, Service Provider has thoroughly reviewed the RFI, and determined that the RFI cannot be answered by the Service Provider, and that the RFI pertains to an unforeseen condition or circumstance that is not in the Service Provider’s repertoire.

6. Final Cleaning Up. Before final inspection of the work, the Service Provider shall clean the project site, material sites and all ground occupied by the Service Provider in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services,
Inc. Page 2 of 5
Exhibit A

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement; American Chiller Services, Inc. (Rev. 2017) Page 1 of 3
Exhibit B

EXHIBIT B

COMPENSATION

1. Service Provider’s Compensation.

A. Services: City agrees to pay Service Provider, 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 One Hundred Thousand Dollars [ $100,000 ].

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

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Service Provider 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 A greement authorizing such Additi onal Services is approved b y the City Manager, or his or her designee . City reserves the right to perform any Additional Services with its own staff or to retain other Service Providers to perform said Additional Services.

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

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

2. Appropriate Billable Hourly Rates f or Services and Additional Services. Service Provider’s billable hourly rates shall be:

$150hr Normal Business Hours (8am-5pm)
$225hr Afterhours/Saturday (5pm-8am)
$300hr Sunday/Holiday
$125 per trip/truck

Service Provider to bill quoted work by amount specified on proposal.

Service Provider to bill service calls by the contract hourly rate specified with trip DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement; American Chiller Services, Inc. (Rev. 2017) Page 2 of 3
Exhibit B
charge per truck.

Preventative Maintenance will be invoiced per set amount of proposed work.

Service calls outside of regular scheduled maintenance to be invoiced time and material at specified contract rates.

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

4. Payments to Service Provider.

A. Payments to Service Provider shall be made within a reasonable time after receipt of Service Provider’s invoice, said payments to be made in proportion to services performed. Service Provider may request payment on a monthly basis.

Service Provider 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 Service Provider shall contain the following information:

1. Description of services billed under the invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

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

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

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

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

[email protected]

5. Accounting Records of Service Provider . Service Provider shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Service Provider’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Service Provider ’s Reimbursable Expenses, in DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement; American Chiller Services, Inc. (Rev. 2017) Page 3 of 3
Exhibit B
accordance with generally accepted accounting practices. Service Provider 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 Service Provider under this section shall survive this Agreement.

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

7. Taxpayer Identification Number. Service Provider shall provide City with Service Provider ’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.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc. Page 1 of 3 Exhibit C

EXHIBIT C

INSURANCE REQUIREMENTS

Service Provider shall procure and maintain for the duration of th is 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 Service Provider , 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 Ins urance 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 t he State of California and Employer's Liability Insurance.

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

2. Minimum Limits of Insurance . Service Provider 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 Service Provider is not subject to California Workers’ Compensation requirements, Service Provider 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: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc. Page 2 of 3 Exhibit C

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, official s, employees and volunteers; or the Service Provider 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 de fense costs, arising out of activities performed by or on behalf of the Service Provider; products and completed operations of the Service Provider ; premises owned, occupied or used by the Service Provider; or automobiles owned, leased hired or borrowed by the Service Provider . 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 Service Provider '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 Service Provider 's insurance and shall not contribute with it.

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

D. The Service Provider'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 exc ept 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 policy required hereunder shall be endorsed to state that the workers' compensatio n carrier DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

Services Agreement: American Chiller Services, Inc. Page 3 of 3 Exhibit C

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 Service Provider’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 . Service Provider 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. Service Provider 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 Service Provider if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Service Provider otherwise ceases to be insured as required herein.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

City of Vallejo
Attn: John Carini
111 Amador Street
Vallejo CA 94590
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

AUTOS ONLY
2/23/2022
AssuredPartners of California Insurance Services, LLC
1425 River Park Drive, Suite 226
Sacramento CA 95815
916-993-2700
916-993-2683
[email protected]
National Union Fire Ins Co of Pittsburgh PA
19445
AMERCHI-01
Travelers Property Casualty Company of America
25674
American Chiller Service, Inc.
11328 Sunrise Gold Circle
Rancho Cordova CA 95742
Navigators Specialty Insurance Company
36056
2117698539
A
X
1,000,000
X
300,000
25,000
1,000,000
2,000,000
X
Y
Y
GL5180275
3/1/2022
3/1/2023
2,000,000
A
1,000,000
X
X
X
Y
Y
CA2961703
3/1/2022
3/1/2023
B
X
6,000,000
X
ZUP81M7535921NF
3/1/2022
3/1/2023
6,000,000
X
10,000
A
X
Y
WC012016045
3/1/2022
3/1/2023
1,000,000
1,000,000
1,000,000
C
Pollution Liability
Y
Y
SF20ECP062294IC
12/1/2020
12/1/2023
Each Occurrence
General Aggregate
Deductible:
$1,000,000
$2,000,000
$10,000 per claim
RE: Ongoing Operations with the Named Insured
City of Vallejo, its officers, officials, employees, agents, and volunteers are listed as General Liability, Auto Liability, and Pollution Liability Additional Insured per terms and conditions of the attached endorsement(s).

Primary Wording for General Liability applies per terms and conditions of the attached endorsement.

Primary Wording for Auto Liability applies per terms and conditions of the attached endorsement.

Primary Wording for Pollution Liability applies per terms and conditions of the attached endorsement.

Per Project Aggregate applies per terms and conditions of the attached endorsement.

See Attached...

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

Vallejo CA 94590
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

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

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

AMERCHI-01
1 1
AssuredPartners of California Insurance Services, LLC
American Chiller Service, Inc.
11328 Sunrise Gold Circle
Rancho Cordova CA 95742
25 CERTIFICATE OF LIABILITY INSURANCE
General Liability Waiver of Subrogation applies per terms and conditions of the attached endorsement.

Auto Liability Waiver of Subrogation applies per terms and conditions of the attached endorsement.

Pollution Liability Waiver of Subrogation applies per terms and conditions of the attached endorsement.

Workers Compensation Waiver of Subrogation applies per terms and conditions of the attached endorsement.

Waiver of Subrogation applies if required by written contract, in favor of: City of Vallejo, its officers, officials, employees, agents, and volunteers DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 03/01/2022
GL5180275
American Chiller Service, Inc.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE FORM
62897 (6/95)

AUTHORIZED REPRESENTATIVE

ENDORSEMENT
This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by
This endorsement modifies insurance provided under the following:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (2)
(1)
The contract or agreement was entered into prior to any " accident" or " loss" .

No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee.

Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add:

The " accident" or " loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and
However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an " accident" or " loss" if:
03/01/2018
CA 296-16-95 HEALDSBURG LUMBER COMPANY, INC.

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 03/01/2022
CA2961703
American Chiller Service, Inc.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 This endorsement, effective12:01A.M. forms a part of
policy No. issued to
by

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
All other terms and conditions remain unchanged.

Authorized Representative or
74445 (10/99)
Countersignature (in States Where
Applicable)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence:

The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. 03/01/2018
CA 296-16-95 HEALDSBURG LUMBER COMPANY, INC.

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 03/01/2022
CA2961703
American Chiller Service, Inc.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by

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

ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:
87950 (10/05)
Authorized Representative or
Countersignature (in States Where
Applicable)

Page 1 of 1 ends

I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement. 03/01/2018
CA 296-16-95 HEALDSBURG LUMBER COMPANY, INC.

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto".
03/01/2022
CA2961703
American Chiller Service, Inc.

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1

PRIMARY AND NONCONTRIBUTORY -- -

OTHER INSURANCE CONDITION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

GL5180275
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

ADVANCE COPY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2

ADDITIONAL INSURED --- OWNERS, LESSEES OR

CONTRACTORS - - - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

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

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

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

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

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

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

Any person or organization whom you
become obligated to include as an additional
insured as a result of any contract or
agreement you have entered into
By contract or agreement you have
entered into
FORM: GL PolicyFORM: GL Policy
GL5180275
DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1

ADVANCE COPY

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III -- - - Lim its Of Insurance:

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

1. Required by the contract or agreement; or

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

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

DocuSign Envelope ID: 1FE2E277-93AE-458C-91E7-1E279A109AB1 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

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

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

Any person or organization whom you become
obligated to include as an additional insured as a
result of any contract or agreement you have
entered into.

By contract or agreement you have entered into
*/
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Page 2 of 2 ends

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

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

1. Required by the contract or agreement; or

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

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

Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

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

CG 24 04 05 09
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Sec-
tion IV - Conditions:

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

GL 518-02-61
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.

GL5180275
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NAV ECP-O TLKT II (03/13) Page 9 of 24

2. Each of the following is also an insured:
a. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for:
(1) bodily injury:
(a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); or
(b) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) immediately above. (2) property damage or environmental damage to property:
(a) owned, occupied or used by, or
(b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by,
you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) with respect to liability arising out of the maintenance or use of that property; and (2) until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy.

3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain a majority ownership interest, will qualify as a named insured if there is no other similar insurance available to that organization. However, coverage for any newly acquired or formed organization:
a. is afforded only until the one hundred and twentieth (120th) days after you acquire or form the organization, or the end of the policy period, whichever is earlier; b. applies only if you provide written notification to us within one hundred and twenty (120) days after the date of such acquisition or formation or before the end of the policy period, whichever is earlier; c. if, in our sole discretion, we determine additional premium is to be charged you are responsible to pay the additional premium when due; and
d. does not apply to any bodily injury, property damage, environmental damage, or crisis management event that occurred, or any pollution incident that began, before you acquired or formed the organization.

No coverage will be afforded subsequent to the one hundred and twentieth (120th) day after you acquire or form any new organization unless and until such organization is specifically endorsed onto the policy by us.

The first named insured may request that any such newly acquired or formed organization be added to the policy; however, in our sole discretion, additional underwriting information and premium may be required. If we consent to adding any newly acquired or formed organization, the first named insured is responsible to
pay any additional premium when due.
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BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.

WC 04 03 61 Countersigned by ______________________________________________ (Ed. 11-90)
Authorized Representative

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CONSENT CALENDAR 8.E.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Fire Chief
SUBJECT: ADOPT A RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2023 FIRE INSPECTION

COMPLIANCE REPORT

RECOMMENDATION
Adopt a Resolution acknowledging receipt of the 2023 Fire Inspection Report.

REASONS FOR RECOMMENDATION
On September 27, 2018, Governor Brown approved Senate Bill 1205. SB1205 requires the fire department to report annually to its administering authority, as defined, on the department’s compliance with State mandated inspection requirements. The bill requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. This report serves as the annual report for 2023 compliance and provides additional details of the Vallejo Fire Department’s fire and life safety inspection program.

BACKGROUND AND DISCUSSION
Existing State law requires California fire departments to enforce the fire code as adopted by the State Fire Marshal. Additionally, fire departments are required to perform annual inspections of every building used as a public or private school as well as all apartment houses, hotels, motels, lodging houses, and jails for compliance with adopted fire codes.

The Vallejo Fire Department has a long-established program of conducting fire and safety inspections at commercial occupancies with available Fire Prevention Division staffing. However, staffing levels do not adequately support State mandated and non-mandated inspection workloads or inspection of the Adopted Vegetation Management Ordinance. The chart below indicates the annual 2023 inspection progress completed by the Fire Prevention Section for State Mandated Inspections.

Occupancy Type Example Quantity Completed in 2023
Educational E Schools (public, private) 48 39
Institutional I-3 Jails / Restrained 5 3
Residential R-1 Hotels / Motels 24 24
Residential R-2 Apartment / Condos 622 610
High Rise Multi-Family 1 1
Residential R-2.1 Adult Care Facilities Large 35 34
Residential R-3.1 Adult Care Facilities Sm. 78 75
Institutional I-2 Hospitals, Psychiatric 5 5
Institutional I-2.1 Health Care-Dialysis 6 6
Total 824 797

The Fire Department recognizes the importance of performing fire and life-safety inspections, in addition to the State-mandated inspections. We have recently established a goal of inspecting every commercial occupancy on an annual basis, based on the associated hazard. The following charts show how many low, moderate, and high-hazard occupancies were completed in 2023. Although these annual inspections are not required by

Date: May 14, 2024
Subject: ADOPT A RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2023 FIRE

INSPECTION COMPLIANCE REPORT

Page 2 ends

the State, Health and Safety Code section 13145 does require the local Fire Department and authorized representatives to enforce building standards related to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code and other regulations for the protection of life and property against fire or panic.

Moderate and High-Hazard Inspections (Annual)
Occupancy Type Example Quantity Completed in 2023
Assembly A-1 Theater / Concert Hall 5 1
Assembly A-2 Restaurant / Night Club 85 35
Assembly A-3 Churches / Places of Worship 93 4
Hazardous H Based on Type & Quantity 86 27
Storage S Structure Used for Storage 149 2
Residential R-3 Boarding House/Family Daycare 83 4
Institutional I-4 Commercial Daycare 9 5
Assembly A-4 Indoor Sports Arena 0 0
Total 506 78

Low-Hazard Inspections (Annual)
Occupancy Type Example Quantity Completed in 2023
Mercantile M Display and Sale of Merchandise 595 10
Business B Office, Professional, or Service 2,030 40
Total 2,625 50

Total 2023 Inspection Activity
Inspection Type Quantity Completed in
2023
Percent Completed in
2023
State Mandated 824 797 97%
Moderate/High Hazard 506 78 15%
Low Hazard 2,625 50 2%
Total 3,955 925 23%

FISCAL IMPACT
The costs associated with the required inspections and reporting are absorbed by the current Fire Department budget and through the City’s Fee Schedule, as it applies to inspections or related fire and life safety.

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

ATTACHMENTS

1. Resolution Acknowledging Receipt of 2023 Fire Inspection Report

CONTACT
Jason Ta, Interim Fire Chief
[email protected]

RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL ACKNOWLEDGING RECEIPT OF THE 2023 STATE-MANDATED FIRE

INSPECTIONS REPORT FROM THE VALLEJO FIRE DEPARTMENT ON BEHALF OF THE CITY OF VALLEJO WHEREAS, California Health and Safety Code Section 13146.4 requires an annual reporting to Council regarding the fire inspections of certain occupancies; and WHEREAS, California Health and Safety Code section 13146.4 requires Council to acknowledge receipt of this report by resolution; and
WHEREAS, the Vallejo Fire Department is responsible for providing said inspections; and WHEREAS, the Fire Chief has presented a report satisfying the requirements of the California Health and Safety Code section 13146.4; and
WHEREAS, this report demonstrates the Vallejo Fire Department has met the requirements of the California Health and Safety Code section 13146.4.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Vallejo hereby acknowledges receipt of the 2023 State Mandated Fire Inspections report as required by the California Health and Safety Code section 13146.

Adopted by the Council of the City of Vallejo at a regular meeting held on May 15, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: ______________________________
Robert H. McConnell, Mayor
ATTEST:
_______________________________
Dawn G. Abrahamson, Secretary

CONSENT CALENDAR 8.F.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT RESOLUTIONS APPOINTING NATALIE PETERSON AS THE CITY OF VALLEJO

REPRESENTATIVE AND FLOR MAGALLANES AS THE CITY OF VALLEJO

ALTERNATIVE REPRESENTATIVE TO THE HOUSING FIRST SOLANO CONTINUUM

OF CARE AND TO THE TECHNICAL ADVISORY COMMITTEE OF THE COMMUNITY

ACTION PARTNERSHIP OF SOLANO JOINT POWERS AUTHORITY

RECOMMENDATION
Adopt Resolutions appointing Natalie Peterson as the City of Vallejo representative and Flor Magallanes as the City of Vallejo alternative representative to the Housing First Solano Continuum of Care and to the Technical Advisory Committee of the Community Action Partnership of Solano Joint Powers Authority.

REASONS FOR RECOMMENDATION
The City of Vallejo needs to appoint member agency representatives to serve on the Housing First Solano Continuum of Care and the Technical Advisory Committee for the Community Action Partnership of Solano Joint Powers Agency.

Assistant to the City Manager, Natalie Peterson, will continue to serve as the primary representative for the City of Vallejo. Administrative Analyst II, Flor Magallanes, will be replacing Assistant City Manager, Gillian Haen, as the alternate representative.

BACKGROUND AND DISCUSSION
Technical Advisory Committee for the Community Action Partnership of Solano Joint Powers Agency In 1999, Solano County and the cities of Fairfield, Suisun City, Vallejo, Benicia, and Dixon formed the Solano Safety Net Consortium, a Joint Powers Authority to develop and implement strategies, services, and systems that assist low-income and homeless persons become self-sufficient. In 2006, the JPA was renamed CAP Solano, reflecting a national trend of community organizations and local governments working in partnership to reduce homelessness and provide basic safety net services. CAP Solano JPA is the collaborative applicant for Federal Housing and Urban Development (HUD) funds, the Homeless Management Information Systems (HMIS) lead agency, and the recipient of the County’s Community Service Block Grant funds (CSBG) from the state of California.

CAP Solano has successfully increased the amount of funding available to assist the County’s most vulnerable populations and currently administers a budget of approximately $10.5 million in federal and state funding.

CAP Solano serves as a pass-through agency; through Requests for Proposals, it funds nonprofits and local government entities that provide direct services to the County’s unhoused residents and those at imminent risk of losing their housing.

Although CAP Solano has served the county and its residents well for more than 20 years, the increased number in the unhoused population and the scarcity of local resources to provide services motivated

Date: May 14, 2024
Subject: ADOPT RESOLUTIONS APPOINTING NATALIE PETERSON AS THE CITY OF

VALLEJO REPRESENTATIVE AND FLOR MAGALLANES AS THE CITY OF

VALLEJO ALTERNATIVE REPRESENTATIVE TO THE HOUSING FIRST SOLANO

CONTINUUM OF CARE AND TO THE TECHNICAL ADVISORY COMMITTEE OF

THE COMMUNITY ACTION PARTNERSHIP OF SOLANO JOINT POWERS

AUTHORITY

Page 2 ends

representatives from the city councils from Benicia, Fairfield, Suisun City, Vacaville, and Vallejo to form a “Regional 2x2 Homeless Committee” that evolved into an effort to create a more concerted regional response to homelessness. In March 2022, the County hosted a “Homeless and Housing Summit” in partnership with the Regional 2x2 Committee during which it was proposed that rather than create a new entity to address homelessness, the governance structure of CAP Solano be changed to include local elected official representatives on the Board of Directors to elevate the priorities of all participating jurisdictions in addressing the ongoing challenges of homelessness countywide. In addition to the change in the governance structure, the agreement has been updated and modified to reflect the change in the name, a clarification of the role of CAP Solano as the regional coordinator of homeless safety net services; and the creation of a Technical Advisory Committee (“TAC”).

Housing First Solano Continuum of Care Board (HFS CoC)
The Housing First Solano Continuum of Care (HFS CoC) is a regional planning body of representative stakeholders in Solano County that coordinates the community’s policies, strategies, and activities toward preventing and ending homelessness. The HFS CoC work includes gathering and analyzing information to determine the local needs of people experiencing homelessness, implementing strategic responses, educating the community on homeless issues, providing advice and input on the operations of homeless services, and measuring CoC performance.

HFS CoC geographic area over the seven cities located in Solano County: Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo, the unincorporated areas, and Solano County – and includes the housing and service plans for homeless persons and persons experiencing a housing crisis for each area. The membership comprises representatives of relevant organizations within the given geographic areas.

The HFS CoC is an advisory board and works closely with the Community Action Partners of Solano Joint Powers Authority (CAP Solano JPA).

The City recognizes the importance of CAP Solano JPA and HFS CoC and their work dealing with homeless issues in Solano County. It is essential to maintain the commitment to the HFS CoC and to represent the interests of the City of Vallejo.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ATTACHMENTS

1. Reso. Appointing NP and FM to Technical Advisory Committee_CAP Solano JPA_CAO Stamp

2. CoC Appointment Reso _CAO_Stamp
Date: May 14, 2024
Subject: ADOPT RESOLUTIONS APPOINTING NATALIE PETERSON AS THE CITY OF

VALLEJO REPRESENTATIVE AND FLOR MAGALLANES AS THE CITY OF

VALLEJO ALTERNATIVE REPRESENTATIVE TO THE HOUSING FIRST SOLANO

CONTINUUM OF CARE AND TO THE TECHNICAL ADVISORY COMMITTEE OF

THE COMMUNITY ACTION PARTNERSHIP OF SOLANO JOINT POWERS

AUTHORITY

Page 3 ends

CONTACT
Natalie Peterson, Assistant to the City Manager
[email protected] (707) 649-3415

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPOINTING

NATALIE PETERSON AS THE CITY OF VALLEJO REPRESENTATIVE AND APPOINTING

FLOR MAGALLANES AS THE CITY OF VALLEJO ALTERNATE REPRESENTATIVE TO

THE TECHNICAL ADVISORY COMMITTEE OF THE COMMUNITY ACTION PARTNERSHIP

OF SOLANO JOINT POWERS AGENCY
WHEREAS, the City of Vallejo supports the efforts and objectives of the newly constituted Community Action Partnership of Solano Joint Powers Agency and desires to remain a partner in addressing the needs and issues of homeless individuals; and WHEREAS, the cities of Solano County recognize a need to coordinate with the County on the provision of services to all residents of Solano County; and WHEREAS, in 1999, Solano County established the Solano Safety Net Consortium, a Joint Powers Authority joined by the cities of Fairfield, Suisun City, Vallejo, Benicia, and Dixon to develop and implement strategies to assist low-income and homeless persons to become more self-sufficient; and
WHEREAS, in 2006, the Joint Powers Authority was renamed the Community Action Partnership of Solano Joint Powers Authority (CAP Solano JPA), reflecting a national trend of community organizations and local government working in partnership to reduce homelessness and provide basic safety net services; and
WHEREAS, the CAP Solano JPA is the State designated Community Action Agency for Solano County responsible for administering HUD and Community Service Block Grant funding and contracts to reduce poverty and homelessness in Solano County; and WHEREAS, each member agency is required to appoint one trained/technical staff member, and one alternate, to serve on the CAP Solano JPA Technical Advisory Committee.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby appoints Natalie Peterson as the representative member, and Flor Magallanes as the alternate representative member, to serve on the Technical Advisory Committee of the Community Action Partnership of Solano Joint Powers Agency.

Adopted by the Council of the City of Vallejo at a regular meeting held on May 14, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPOINTING

NATALIE PETERSON AS THE CITY OF VALLEJO REPRESENTATIVE TO THE HOUSING

FIRST SOLANO CONTINUUM OF CARE BOARD AND FLOR MAGALLANES AS THE

VALLEJO ALTERNATE REPRESENTATIVE
WHEREAS, the City of Vallejo supports the efforts and objectives of the Housing First Solano Continuum of care (HFS CoC) and desires to remain a partner in addressing the needs and issues of unhoused individuals; and
WHEREAS, the cities of Solano County recognize a need to coordinate with the County of Solano relating to the provision of services for all residents of Solano County; and WHEREAS, the Vallejo City Council has adopted “Addressing Housing/Unhoused” as one of its five multiyear goals; and
WHEREAS, the HFS CoC is a regional planning body of representative stakeholders in Solano County that coordinates the community’s policies, strategies and activities toward preventing and ending homelessness.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo does hereby appoint Natalie Peterson as the representative member of the HFS CoC for the City of Vallejo and Flor Magallanes as the alternate member.

Adopted by the Council of the City of Vallejo at a regular meeting held on May 14, 2024, with the following vote:

AYES:

NOES:

ABSENT:

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

CONSENT CALENDAR 8.G.

DATE: May 14, 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 AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #221 (PROJECT #PW9433) FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (1) SOLANO COUNTY AMERICAN RESCUE PLAN ACT (ARPA) GRANT AWARD FUNDS IN THE AMOUNT OF $1,500,000; (2) HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM ROUND 1 GRANT FUNDING IN THE AMOUNT OF $24,000; (3) HOMELESS HOUSING ASSISTANCE AND PREVENTION PROGRAM ROUND 2 GRANT FUNDING IN THE AMOUNT OF $63,367.21; (4) HOMELESS HOUSING,

ASSISTANCE AND PREVENTION PROGRAM INTEREST GRANT FUNDING IN THE AMOUNT OF $20,799.48; AND (5) HOUSING AND HOMELESSNESS INCENTIVE PROGRAM GRANT FUNDING IN THE AMOUNT OF $50,329.82 AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE VALLEJO NAVIGATION CENTER (STEP 2 OF 2

STEP PROCESS)

RECOMMENDATION
Adopt a Resolution amending the Capital Grants and Contribution Fund #221 (Project # PW9433) fiscal year 2023-2024 budget to recognize (1) Solano County American Rescue Plan Act (ARPA) grant revenue and appropriate funds in the amount of $1,500,000; (2) Homeless Housing, Assistance and Prevention Program round 1 grant funding in the amount of $24,000; (3) Homeless Housing, Assistance and Prevention Program round 2 grant funding in the amount of $63,367.21; (4) Homeless Housing, Assistance and Prevention Program Interest grant funding in the amount of $20,799.48; and (5) Housing and Homelessness Incentive Program grant funding in the amount of $50,329.82 for construction of the Vallejo Navigation Center (Step 2 of 2-step process).

REASONS FOR RECOMMENDATION
The Vallejo Navigation Center is designed to be a “one-stop-shop” that will provide services and shelter critical to helping to address homelessness. The center will offer 125 shelter beds and provide individual case management services to connect people with social and medical services. Participants will have access to job training and will be assisted with securing sustainable permanent housing. Amending the budget and appropriating funds as set forth herein will secure the identified funding to be used toward the Navigation Center.

BACKGROUND AND DISCUSSION
The Vallejo Navigation Center is designed to be a “one-stop-shop” that will provide services and shelter critical to helping to address homelessness. The center will offer 125 shelter beds and provide individual case management services to connect people with social and medical services. Participants will have access to job training and will be assisted with securing sustainable permanent housing.

Solano County ARPA Agreement

Date: May 14, 2024
Subject: ADOPT A RESOLUTION AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #221 (PROJECT #PW9433) FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (1) SOLANO COUNTY AMERICAN RESCUE PLAN ACT (ARPA) GRANT AWARD FUNDS IN THE AMOUNT OF $1,500,000; (2) HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM ROUND 1 GRANT FUNDING IN THE AMOUNT OF $24,000; (3) HOMELESS HOUSING ASSISTANCE AND PREVENTION PROGRAM ROUND 2 GRANT FUNDING IN THE AMOUNT OF $63,367.21; (4) HOMELESS

HOUSING, ASSISTANCE AND PREVENTION PROGRAM INTEREST GRANT FUNDING IN THE AMOUNT OF $20,799.48; AND (5) HOUSING AND

HOMELESSNESS INCENTIVE PROGRAM GRANT FUNDING IN THE AMOUNT OF $50,329.82 AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE VALLEJO NAVIGATION CENTER (STEP 2 OF 2 STEP PROCESS)

Page 2 ends

The City of Vallejo first heard about the opportunity to request Solano County American Rescue Plan Act (ARPA) funds on December 22, 2021, when County staff presented an opportunity to submit a proposal for affordable housing projects and homelessness-related projects for funding consideration by the Board of Supervisors. The City was informed that the Board wanted to explore areas of partnership to provide mutually beneficial affordable housing to disadvantaged communities, underserved populations, and/or those with low and very low incomes.

At the March 7, 2023 meeting of the Solano County Board of Supervisors, the Board voted to award the City of Vallejo $1,500,000 towards the construction of the Navigation Center.

HHAP2 and HHAP3 MOU Amendment
On April 12, 2023, the City responded to a Request for Proposals (RFP) to develop a New Navigation Center issued by the Community Action Partners of Solano, Joint Powers Authority (CAP Solano JPA), utilizing funding from Homeless Housing, Assistance, and Prevention Program (HHAP) Round 2, HHAP Round 3 and Emergency Solutions Grant CARES Act (ESG-CV) funding.

On April 24, 2023 the City received notice of intent to recommend funding from the CAP Solano JPA and, on April 27, 2023, the CAP Solano JPA unanimously voted to award the City of Vallejo $513,245 of HHAP2, $410,840.49 of HHAP3 and $158,496.51 of ESG-CV funding to be used towards the construction of the Vallejo Navigation Center.

After reviewing the funding requirements of the ESG-CV funding, CAP Solano JPA determined that the ESG- CV funding would not be eligible for the project. In order to fulfill its original award, CAP Solano JPA is substituting the $158,496.51 of ESG-CV funding with the following four eligible funding sources:
• Homeless Housing, Assistance, and Prevention Program (HHAP1) - $24,000.00 • Homeless Housing, Assistance, and Prevention Program (HHAP2) - $63,367.21 • Homeless Housing, Assistance, and Prevention Program Interest (HHAP Interest) - $20,799.48 • Housing and Homelessness Incentive Program (HHIP) -$50,329.82 • Total: $158,496.51

On February 6, 2024, Staff requested the City Council to adopt (1) a resolution approving the ARPA Grant Agreement with the County of Solano and providing notice of intent to amend the Fiscal Year 2023-2024 budget; and (2) a resolution approving a First Amendment to the Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Funding Memorandum of Understanding and providing notice of intent to amend the Fiscal Year 2023-2024 budget relating to same.

HOUSING, ASSISTANCE AND PREVENTION PROGRAM INTEREST GRANT FUNDING IN THE AMOUNT OF $20,799.48; AND (5) HOUSING AND

HOMELESSNESS INCENTIVE PROGRAM GRANT FUNDING IN THE AMOUNT OF $50,329.82 AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE VALLEJO NAVIGATION CENTER (STEP 2 OF 2 STEP PROCESS)

Page 3 ends

FISCAL IMPACT
Approval of this item will increase the Capital Grants and Contributions Fund #221 budget for Fiscal Year 2023-2024 for revenues and expenditures by $1,658,496.15 for the Navigation Center Project PW9433.

ENVIRONMENTAL REVIEW
The Navigation Center project is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) as a ministerial action pursuant to California Public Resources Code Section 21080 (b)(1), CEQA Guidelines Section 15268, and Government Code Sections 65660 through 65662, which provide that a Low Barrier Navigation Center is a use by right and is therefore not subject to a conditional use permit or other discretionary local government approval.

ATTACHMENTS

1. Resolution Amending FY 2023-24 Budget for County ARPA A JPA HHAP - Nav Center_CAO Stamp

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

RESOLUTION NO. 24- ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #221 (PROJECT #PW9433) FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (1) SOLANO COUNTY AMERICAN RESCUE PLAN ACT (ARPA) GRANT AWARD FUNDS IN THE AMOUNT OF $1,500,000; (2) HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM ROUND 1 GRANT FUNDING IN THE AMOUNT OF $24,000; (3) HOMELESS HOUSING ASSISTANCE AND PREVENTION PROGRAM ROUND 2 GRANT FUNDING IN THE AMOUNT OF $63,367.21; (4) HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM INTEREST GRANT FUNDING IN THE AMOUNT OF $20,799.48; AND (5)

HOUSING AND HOMELESSNESS INCENTIVE PROGRAM GRANT FUNDING IN THE AMOUNT OF $50,329.82 AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE VALLEJO NAVIGATION CENTER (STEP 2 OF 2 STEP PROCESS) WHEREAS, the City of Vallejo (City) is constructing the Vallejo Navigation Center, a 125-bed shelter that will provide wrap around services to the unhoused population in Vallejo and Solano County; and
WHEREAS, the City was awarded $1,500,000 of Solano County’s American Rescue Plan Act (ARPA) grant funding to help fund the construction of the Vallejo Navigation Center; and WHEREAS, the City was awarded $158,496.15 in grant funding from the Community Action Partnership of Solano County Joint Powers Authority (CAP Solano) from Homeless Housing, Assistance, and Prevention Program (HHAP1) ($24,000.00), Homeless Housing, Assistance, and Prevention Program (HHAP2) ($63,367.21), Homeless Housing, Assistance, and Prevention Program Interest (HHAP Interest) ( $20,799.48) and Housing and Homelessness Incentive Program (HHIP) ($50,329.82); 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 its intention to do so; and WHEREAS, at its regular meeting held on February 6, 2024, the notice of intent to amend the general fund budget for fiscal year 2023-2024 to recognize said grant revenue and authorize the expenditure of funds for the Vallejo Navigation Center was approved by the City Council.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves an amendment to the Capital Grants and Contribution Fund #221 (Project #PW9433) fiscal year 2023-2024 budget to recognize revenues and appropriate funds for expenditures related to construction of the Navigation Center in the amount of $1,658,496.15.

Adopted by the Council of the City of Vallejo at a special meeting held on May 14, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.H.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Beverli Marshall, Interim City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE GROUP

LLC TO ADD AN ADDITIONAL SERVICE YEAR AND INCREASE COMPENSATION TO A NEW NOT TO EXCEED OF $160,000 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

RECOMMENDATION
Adopt the resolution approving a First Amendment to the Consultant and Professional Services Agreement with Municipal Resources Group, LLC., to extend the current Agreement term 1 year, and add an additional $65,000 to the Agreement, for a new not-to-exceed total of $160,000 and authorize the City Manager to execute same.

REASONS FOR RECOMMENDATION
Municipal Resources Group, LLC has been providing needed consulting services through an Agreement since February 2023. An Amendment is needed to that Agreement to continue receiving those support services in the new Fiscal Year.

BACKGROUND AND DISCUSSION
Municipal Resource Group LLC (MRG) has been providing support for City staff through a Consultant and Professional Services Agreement since February 20, 2023. This consulting assistance included working on the Boards and Commissions Review Project and report; Human Resources and Finance Department Project Management and advisement; Technical Consulting; and Classification and Compensation study assistance.

Staff are requesting approval to this First Amendment to the original Agreement to continue the as-needed Human Resources and Finance Department aid, and keep availability for additional projects through this period of changing City Management.

FISCAL IMPACT
Approval of this item will enable City staff to order up to an additional $65,000 in consulting services through MRG. All funding for such additional costs would paid for out of the budgeted Professional Services budget for the City Department(s) in question. No additional funding is being requested as part of this item tonight.

ATTACHMENTS

1. MRG 1st Amendment 4.22 CAO STAMP

Date: May 14, 2024
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE

GROUP LLC TO ADD AN ADDITIONAL SERVICE YEAR AND INCREASE COMPENSATION TO A NEW NOT TO EXCEED OF $160,000 AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

2. 23-CM129 MUNICIPAL RESOURCE GROUP LLC Consultant and Professional Servic...

3. RESO 1st Amendment- MRG CAO Stamp

CONTACT
Jason Ackley, Assistant to the City Manager
[email protected]

First Amendment to Agreement Between City of Vallejo and Municipal Resource Group, LLC Page 1 of 4 (Revised 01.2019)

FIRST AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO

MUNICIPAL RESOURCE GROUP LLC
This First Amendment to the Consultant and Professional Services Agreement made and entered into on February 20, 2023, hereafter referred to as Agreement, between Municipal Resource Group LLC, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this ___ day of May, 2024.

Consultant and City do mutually agree to amend the Agreement as follows:

1. Not-to-Exceed-Amount. In consideration of Consultant providing continued services, the not-to-exceed amount set forth in paragraph 1.A. of Exhibit B of the Agreement is hereby increased an additional sixty-five thousand dollars and no/100 cents ($65,000.00) for a new maximum not-to-exceed amount of one hundred and sixty thousand dollars and no/100 cents ($160,000.00).

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

2. Term. This Amendment replaces the original contract Section 16 “Term” to read as follows:

Term. The term of this Agreement shall commence on February 20, 2023 and shall continue in full force and effect until June 30, 2025.

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 maximum term of this Agreement, including all Amendments and extensions, shall not exceed three years.

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.

First Amendment to Agreement Between City of Vallejo and Municipal Resource Group, LLC Page 2 of 4 (Revised 01.2019)

3. 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 Amendment. This 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.

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

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

6. Counterparts. This 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 Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and Municipal Resource Group, LLC Page 3 of 4 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this Amendment on the day and year first hereinabove appearing.

Municipal Resource Group, LLC,
BY:

Mary Egan
CEO
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

City Manager
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
First Amendment to Agreement Between City of Vallejo and Municipal Resource Group, LLC Page 4 of 4 (Revised 01.2019)
Feb 14, 2023 12:17 PM, 1069215196
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Jason Ackley, [email protected] Contract Type: Professional Services Agreement
Vendor: MUNICIPAL RESOURCE GROUP LLC Vendor Number:101616 Contract Not to Exceed Amount: 95000.00
Contract Start Date: Feb 20, 2023 End Date: Jun 30, 2024 Authority to Contract: City Manager
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 23-CM129
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: Jason Ackley
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 2/15/2023
2/15/2023
2/16/2023
2/20/2023
2/20/2023
2/20/2023
Feb 14, 2023 9:57 AM, 1069144594
Pre-Requisition Form
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Jason Ackley, [email protected] Vendor: MUNICIPAL RESOURCE GROUP LLC Vendor Number 101616 Term: Multi-year Term
Anticipated Start Date: Feb 20, 2023
Anticipated End Date: Jun 30, 2024
Anticipated Contract Type: Professional Services Agreement Purchasing Authority: City Manager
Total Projected Expenditure: 95000.00
Multiple Project Numbers? Multiple Account Numbers? No, just one Description of Proposed Purchase:

Administrative Consulting - HR related.

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

It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.

Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:

Specialized service & staff requested for specific projects.

Explanation for Vendor Selection:

Specialized service & staff requested for specific projects.

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

WarrantyNot sure
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Pre-Requisition Signature Section
Department Comment
Delegated Signee: Michael Malone
Title: City Manager
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 2/20/2023
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Cons
ultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 20th day of February 2023, by and between the C ity of Vallejo , a municipal corporation (" City"), and Municipal Resource Group, 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 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. Facil
ities 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. Indemni
fication. 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 provi
sions of this section shall survive the expiration or termination of this Agreement.

5. Insur
ance 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.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

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 potent ial 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.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

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 Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.

11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this 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 Consultant’s subcontractors.

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

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

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.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 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. Pers
onnel. 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 payme
nt 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.

Consult
ant 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. Consult
ant 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 February 20, 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 month, by written notice to Consultant.

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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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 shal
l 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. Product
s 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 property 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.

Document
s 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 (200 2) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

20. Assi
gnment 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 DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 10 any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

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

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

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

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

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

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 10 Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consult
ant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Noti
ces. 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: Mic
hael Malone
City Manager
Office of the City Manager
555 Santa Clara Street
Vallejo, CA 94590
If to Cons
ultant: Mary Egan
CEO
Municipal Resource Group, LLC
PO Box 561
Wilton, CA 95693
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. Integr
ation Clause. This Agreement, including all Exhibits, contains the entire agr eement 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. Severab
ility 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.

Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 10 District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 10 Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

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

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

35. Counter
parts. 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. Facsimi
le Signature ; Electronic Signature . This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.

37. Authorit
y. 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. Exhib
its. The following exhibits are attached hereto and incorporated herein by reference:

Exhibi
t A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNAT
URES ON FOLLOWING PAGE]
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 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.

MUNICIPAL RESOURCE GROUP, LLC
By:

Mary Egan
CEO
DATE:
(City
Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk

APPROVED
AS TO FORM:

Veronica A.F. Nebb
City Attorney

APPROVED
AS TO INSURANCE:

Armond Sarkis
Risk Manager
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 2/15/2023
2/20/2023

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

EXHIBIT A

SCOPE OF WORK

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

Michael Malone
City Manager
555 Santa Clara Street
Vallejo CA 94590
707-648-4576

The Consultant’s Representative for this Agreement is:

Mary Egan
CEO
Municipal Resource Group
PO Box 561
Wilton, CA 95693

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. Consultant shall provide the following services for specific projects as may be requested by the City of Vallejo:

- Human Resources Project Management
- Technical Consulting
- Financial Analysis
- Classification and Compensation Studies
- Job Specification Review
- Systems Implementation

3. Time for Performance. Consultant will perform the services according to the schedule below. 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. Consultant will complete all services by June 30, 2024.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below , without written approval of the City Representative. Consultant recognizes that the DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit A – Scope of Work
composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation

EXHIBIT B
COMPE

NSATION

1. Consult
ant’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 Ninety-Five Thousand Dollars and no Cents ($95,000).

Consult
ant 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.

B. Additional Services:

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

2. Consult
ant’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.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B - Compensation

2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable hourly rates shall be:

3. Consultant’s Rei mbursable 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.

Effective January 1, 2023 Rate
Human Resources Professional Services $225
Coaching, Professional Development $250
Principal Consultant Professional Services $300
Custom Virtual Interactive Training quoted
Investigative Services $325
Testimony, Expert Witness $395
Technical Support (MRG Staff) $95
Mileage, Travel, Printing and Postage, etc. At cost
Effective January 1, 2024 Rate
Human Resources Professional Services $225
Coaching, Professional Development $250
Principal Consultant Professional Services $300
Custom Virtual Interactive Training quoted
Investigative Services $325
Testimony, Expert Witness $395
Technical Support (MRG Staff) $95
Mileage, Travel, Printing and Postage, etc. At cost
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B - Compensation

4. Payments to Consultant.

Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

5. Social Security Number or Taxpayer Identification Number

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

7. Total Billed to Date

C. Request for payment shall be sent to:

Jason Ackley [email protected]
Assistant to the City Manager
Office of the City Manager
555 Santa Clara Street
Vallejo CA 94590

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.

DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

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 Ins urance 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: F755D07E-B116-4299-9D61-1727D1835801

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 Cit y, 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 r espects 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 workers’ compensation and employer’s liability p olicy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 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. Acceptab
ility of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Veri
fication 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. Subcontr
actors. 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. Paym
ent 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: F755D07E-B116-4299-9D61-1727D1835801

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

AUTOS ONLY
2/5/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745
Sentinel Insurance Company
11000
MUNIRES-01
Underwriters at Lloyd's, London
32727
Municipal Resource Group, LLC (MRG)
PO BOX 561
Wilton CA 95693
Hartford Casualty Insurance Company
29424
Trisura Specialty Insurance Co
16188
631757591
A
X
2,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
2,000,000
4,000,000
X
Y
Y
57SBAUZ2244
2/2/2023
2/2/2024
4,000,000
A
2,000,000
X
X
Y
Y
57SBAUZ2244
2/2/2023
2/2/2024
C
X
Y
57WECAB10L8
2/1/2023
2/1/2024
1,000,000
1,000,000
1,000,000
B
D
Professional Liability
Cyber Liability
MPL505106423
ATB661825002
2/5/2023
2/5/2023
2/5/2024
2/5/2024
Per Claim/$2,000,000
Per Claim/$2,000,000
Agg Lmt/$2,000,000
Agg Lmt/$2,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Professional services includes Management consulting and strategic planning services, and workplace investigations. An Insured extends to ‘a natural person performing services or duties within the scope of their written agreement with an Insured Entity and for whom the Insured Entity is legally liable, but only while acting within the scope of such person’s duties performed on behalf of the Insured Entity.

Re: All operations of the named insured - City of Vallejo, its officers, officials, employees agents and volunteers are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Auto Liability is Primary per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation. 30 Day Notice of Cancellation
City of Vallejo
City Manager’s Office
555 Santa Clara Street
Vallejo CA 94590
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
(b) Rented to, in the care, custody or
control of, or over which physical
control
is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any part
ner or member (if you are
a partnership or joint venture), or
any me
mber (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
whi
le acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal
representative if you die, but
only
with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours wh
ich is a legally incorporated entity
of w
hich you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The i
nsurance afforded herein for any
subsidiary not shown in the Declarations
as a na
med insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured
under another policy or would be
an insured under such policy but for its
term
ination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint v
enture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
av
ailable to that organization. However:
a. Coverage under this provision is afforded
only
until the 180th day after you acquire
or form the organization or the end of the
policy period, whichev
er is earlier; and
b. Coverage under this provision does not
apply
to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising
out of an offense committed
before
you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. O
perator of Nonowned Watercraft
With respect to watercraft you do not own that
is l
ess than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your perm
ission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or
organization for this liability.

However, no person or organization is an
insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM

Page 12 ends

of 24 Form SS 00 08 04 05
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added
as an additional insured on your
policy
, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period
of time required by the contract,
agreement or permit.

However, no such person or organization is an
addit
ional insured under this provision if such
person or
organization is included as an
additional insured by an endorsement issued
by us and
made a part of this Coverage Part,
includi
ng all persons or organizations added
as additional insureds under the s pecific
additional insured coverage grants in Section
F. – Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is s
ubject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This e
xclusion does not apply to
liabi
lity for damages that the
vendor would have in the absence
of t
he contract or agreement;
(b) Any express warranty
unauthorized
by you;
(c) Any physical or chemical change
in the product made intentionally
by the v
endor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspecti
ons, adjustments, tests or
servi
cing as the vendor has
agreed to m
ake or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products
;
(f) Demonstration, installation,
servicing or repair operations,
except
such operations performed
at the
vendor's premises in
connection
with the sale of the
product;
(g) Products which, after distribution
or sale by
you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bod
ily injury" or "property
damage" arising out of the sole
negligence
of the vendor for its
own ac
ts or omissions or those of
its e
mployees or anyone else
acting
on its behalf. However, this
exclus
ion does not apply to:
(i) T
he exceptions contained in
Subparagraphs (d) or (f);
or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with
respect to their liability for "bodily
injury",
"property damage" or
"personal and advertising injury"
caused,
in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or
organization.

Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
(2) With respect to the insurance afforded
to these additional insureds, this
insurance
does not apply to any
"occurrence" which takes place after
you cease to lease that equipment
.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance
does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or
be a tenant in tha t
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organizat
ion.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additiona
l exclusion applies:

This ins
urance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
aris
ing out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The prepar
ing, approving, or
fail
ure to prepare or approve,
maps, shop drawings, opinions,
reports, s urveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Super
visory, inspection,
architec
tural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only
with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued
a permit.
(2) Wit
h respect to the insurance afforded
to these additional insureds, this
insurance
does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" aris
ing out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products-
com
pleted operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphsa.
through e. above, but only with
respect
to liability for "bodily injury",
"property damage" or "personal and
advert
ising injury" caused, in whole or
in par
t, by your acts or omissions or
the ac
ts or omissions of those acting
on your beha
lf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such addi
tional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property
damage" included
within the "products-
comple
ted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance
does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising
out of the rendering of, or the
fail
ure to render, any professional
architec
tural, engineering or surveying
servi
ces, including:

Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM

Page 14 ends

of 24 Form SS 00 08 04 05
(a) The preparing, approving, or
failure
to prepare or approve,
maps, shop drawings, opinions,
reports, s urveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Super
visory, inspection,
architec
tural or engineering
activities.

The limits of insurance that apply to additional
insureds
are described in SectionD. – Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is des
cribed in the Other Insurance Condition
in SectionE. – Liability And Medical Expenses
General Conditions.

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

D. LIABILITY AND MEDICAL EXPENSES
LIM

ITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing
"suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products
-Completed Operations
Aggregate Limit s hown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and adver
tising injury", including medical
expenses
, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
s
eparately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
s
treet, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
ex
plosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages
because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liabi
lity and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person
is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to2.b. above, the most we will pay for
the su
m of all damages because of all
"personal
and advertising injury" sustained by
any one pers
on or organization is the Personal
and Advertising Injury Limit shown in the
Declarat
ions.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Lim
it is the most we will pay under Business
Liability Coverage for damages because of
"property
damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
tem
porarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Li
mit applies to all damage proximately
caused by
the same event , whether such
damage results from fire, lightning or explosion
or any combination of these.

6. H
ow Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The
limits of insurance specified in a
wri
tten contract, written agreement or
permit issued by a state or political
subdi
vision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Dec
larations and described in this Section.

Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
s
ingle highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph3. above.

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

E. LIABILITY AND MEDICAL EXPENSES

GENERAL

CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it t
hat we are not ified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a c
laim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Noti
fy us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers
received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforce
ment of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by ot
her insurance available to an
addit
ional insured, such additional insured
must
submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the e
xtent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", o
ffense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any part
ner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdiv
ision or public entity.

Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM

Page 16 ends

of 24 Form SS 00 08 04 05
This Paragraph f. applies separately to
you and anyaddi
tional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financi
al responsibility law, the insurance
provided by the policy for "bodily injury"
liabi
lity and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
prov
ide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage
required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a
"suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all
of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any r
ights or duties specifically assigned
in th
is policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. Whe
n You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those s tatements are based upon
represent
ations you made to us; and
(3) We have issued this policy in reliance
upon your repres
entations.
b. Unintentional Failure To Disclose
Hazards
I
f unintentionally you should fail to disclose
all
hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under
this Coverage Part
because o
f such failure.

7. O
ther Insurance
If other valid and collectible insurance is
avai
lable for a loss we cover under this
Coverage Part
, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except whenb.
bel
ow applies. If other insurance is also
prim
ary, we will share with all that other
insurance
by the method described inc.
below.
b. Excess Insurance
This insurance is excess over any of the
other
insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's
Risk, Installation Risk or
sim
ilar coverage for "your work";
(2) Premi
ses Rented To You
That is fire, lightning or explosion
insurance
for premises rented to you
or te
mporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property
damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Ai
rcraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusiong. of
SectionA. – Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subj
ect to Exclusionk. of Section A. –
Coverages.

Policy #
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you cov
ering liability for damages
arising out of the premises or
operations
, or products and completed
operations, for which you have been
added as an
additional insured by that
insurance;
or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply
to other insurance available to
any person
or organization who is an
additional insured under this Coverage
Part:
(a)
Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
wri
tten agreement or permit that
this i
nsurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the m
ethod described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract
, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance
.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess
, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
s
o, but we will be entitled to the insured's
rights
against all those other insurers.

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

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

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

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part o
f any payment, including
Supple
mentary Payments, we have made
under thi
s Coverage Part, those rights are
transf
erred to us. The insured must do
nothing after loss to impair them. At our
request,
the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver
Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery aga
inst any person or
organizat
ion for all or part of any payment,
includi
ng Supplementary Payments, we
have m
ade under this Coverage Part, we
als
o waive that right, provided the insured
wai
ved their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Policy #
57SBAUZ2244
57SBAUZ2244
57SBAUZ2244
57SBAUZ2244
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801

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

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured" for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in
which the "pollutants" are contained areA. Amended Coverage:
moved from the covered "auto" to the placeCoverage is extended to "bodily injury" and where they are finally delivered, disposed of"property damage" ari sing out of the use of a "hired or abandoned by the "insured".auto" a nd "non-owned auto". a.Paragraph above does not apply to fuels,B. Paragraph B. EXCLUSIONS is amended as lubricants, fluids, exhaust gases or otherfollows: similar "pollutants" that are needed for or

1. Exclusion g. Aircraft, Auto or Watercraftdoes result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanica l functioning of the covered auto". "auto" or it s parts, if:

2. Exclusion e. Employers Liability does not (1) The "poll utants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are dis charged or released directly not entitled to workers’ compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants"; and

3. f. PollutionExclusion is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the
operation of any equipment listed in"Bodily injury" or "property damage" arising out paragraphs 15.b. and 15.c. of t heof the actual, alleged or threatened discharge, definition of "mobile equipment".dispersal , seepage, migration, release or escape of "pollutants": Paragraphs b. and c. a bove do not apply to "accidents" that occur away from premisesa. That are, or that are contained in any owned by or rented to an "insured" with property that is:
respect to "pollutants" not in or upon a (1) Being transported or towed by, handled, covered "auto" if:or handled for movement into, onto or (1) The "pollutan ts" or any property infrom, the covered "auto"; which t
he "pollutants" are contained are(2) Otherwise in the course of transit by or upset, overturned or damaged as aon behalf of the "insured"; or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "aut o"; and processed i
n or upon the covered
"auto".
b. Before
the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 0
4 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission) Policy #
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 (2) The discharge, dispersal, seepage, company) for an "auto" owned by him or her migration,
release or escape of the or a member of his or her household. "pollutant
s" is caused directly by such d. Anyone liable for the conduct of an "insured"upset, overturn or damage as a result of described above but only to the extent of thatthe maintenance or use of a covered liability."auto". D. Wit h respect to the operation of a "hired auto" and4. With respect to this coverage, the following "non-owned auto", the following additionaladditional exclusions apply: conditions apply :
a. Fellow employee 1. OTHER INSURANCE
Coverage does not apply to "bodily injury" to a. Except for any liability assumed under an any fell
ow "employee" of the "insured" "insured cont ract" the insurance provided byarising out of the operation of an "auto" this Coverage Form is excess over anyowned by the "insured" in the course of the other collectible insurance.fellow "employee’s" employment. However, if your business is the selling,b. Care, custody or control servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" in
volving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured’s"
care, custody or control. out of the operation of a customer’s "auto" by you or your "employee".C. With respect to "hired auto" and "non-owned auto" coverage, Paragraph C. WHO IS AN INSUREDis b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the
same basis, either excess or primary, weThe following are "insureds": will pay only our share. Our share is thea. You. proportion t hat the Limit of Insurance of our b. Your "empl oyee" while using with your Coverage Form bears to the total of the permission: limi ts of all the Coverage Forms and policies covering on the same basis.(1) An "auto" you hire or borrow; or

2. TWO OR MORE COVERAGE FORMS OR(2) An "auto" you don’t own, hire or borrow in POLICIES ISSUED BY USyour business or personal affairs; or If the Coverage Form and any other Coverage(3) An "auto " hired or rented by your Form or policy issued to you by us or any"employee" on your behalf and at your company affiliated with us apply to the samedirection.
"accident",
the aggregate maximum Limit ofc. Anyone else while using a "hired auto" or "non- Insurance under all the Coverage Forms orowned auto" with your permission except: policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limi t of Insurance under any one Coverage hire or borrow an "auto". Form or poli cy. This condition does not apply to any Coverage Form or policy issued by us or an(2) Someone using an auto while he or she is affiliated company specifically to apply asworking in a business of selling, servicing, excess insurance over this Coverage Form.repairing, parki ng or storing "autos" unless that business is yours. E. The following definitions are added:
(3) Anyon e other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if
you are a partnership), members DEFINITIONS:
(if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease,lessee or borrower or any of their hire, rent or borrow. This does not include"employees", while moving property to or any auto you lease, hire, rent or borrowfrom an "auto". from any of your "employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a li mited liability company),

Page 2 of 3 ends

Policy #
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which i
s used in connection with your
business. This includes:
a. "Autos" o
wned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or
your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.

Form SS 0
4 38 09 09 Page 3 of 3
Policy #
57SBAUZ2244
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WECAB10L8
02/01/2023
Municipal Resource Group, LLC (MRG)
PO BOX 561
Wilton, CA 95693
02/01/2024
DocuSign Envelope ID: F755D07E-B116-4299-9D61-1727D1835801 RESOLUTION NO. 23-______

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

AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

MUNICIPAL RESOURCE GROUP LLC TO INCREASE THE CONTRACT AMOUNT AND EXTEND TERM TO JUNE 30, 2025
WHEREAS, there are times when the City relies on specialized professional services, project management, Human Resources and/or Finance advisement, and technical consulting within the organization which are secured with public-sector consulting firms best suited to performing the work or task being requested; and
WHEREAS, Municipal Resource Group LLC (MRG) has been actively engaged by the City on an as-needed basis to provide a myriad of professional services over the years.

WHEREAS, the current Professional Services Agreement with MRG is set to expire June 30, 2024, and the City has need for additional new project services and support with additional costs; NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the First Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Municipal Resource Group LLC to increase the total amount of the contract not-to-exceed by $65,000 and extend the term to June 30, 2025, and authorizes the City Manager to execute same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 14, 2024, with the following vote:

AYES:

NOES:

ABSENT:

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

CONSENT CALENDAR 8.I.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A CONTRACT MODIFICATION WITH TRAVIS AIR FORCE BASE TO

APPROVE THE USE OF FUNDS THE CITY HAS ACCUMULATED FROM TRAVIS OVER

PAYMENTS AND TO UTILIZE THE FUNDS FOR MUTUALLY AGREED UPON PRIORITY

TREATMENT PLANT PROJECTS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution of the City Council of the City of Vallejo approving a Contract Modification with Travis Air Force Base to approve the use of funds the City has accumulated from over Travis payments and to utilize the funds for mutually agreed upon priority treatment plant projects and authorizing the City Manager to execute the same.

REASONS FOR RECOMMENDATION
For seventy-one years, the City of Vallejo Water Department has supplied treated drinking water for Travis Air Force Base (TAFB) by delivering source water to the Base where it is treated at the City’s water treatment plant located on the Base. Over the last seventy-one years, the contract between the TAFB and the City for this service has been modified sixty-one times to address water treatment infrastructure needs and water rate changes. Due to staff turnover within TAFB and the City, a modification to the contract has not been completed since October 2011. After robust engagement from City staff and TAFB, this modification serves as the first step in renewed communication to address overage payments held by the City and the need to prioritize critical infrastructure projects.

BACKGROUND AND DISCUSSION
On March 16, 1953, the City of Vallejo entered into a contract with Travis Air Force Base (TAFB) to build a water treatment plant, supply water, and to treat the water for the air base. This contract has been in effect since it was executed in March 1953 with sixty-one modifications over the years. The modifications typically were related to infrastructure improvements and rate changes. The most recent modification was effective October 27, 2011. The contract requires a modification every year to recognize rate changes. However, due to staff turnover and staff shortages at TAFB and the City, this process has not continued.

Since 2011, City staff has continued to submit to TAFB annual water rate charge increases; typically based on rate increases within the City. Per the water service contract, at the end of each fiscal year (June 30th) the City compares the annual cost of water service to the amount invoiced to Travis. This reconciliation identifies any funds the City owes TAFB or vice versa. Over payments typically are credited back over four monthly invoice credits.

In the past, TAFB staff had verbally requested that funds owed to TAFB be used by the City for necessary water treatment plant improvements. Vallejo staff sought approval from TAFB to utilize these funds and identify priority projects. However, due to staffing changes at TAFB and the City, there was a lack of communication and formal direction. Currently, the City has approximately $900k held for capital improvement

Date: May 14, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A CONTRACT MODIFICATION WITH TRAVIS AIR FORCE BASE TO

APPROVE THE USE OF FUNDS THE CITY HAS ACCUMULATED FROM TRAVIS

OVER PAYMENTS AND TO UTILIZE THE FUNDS FOR MUTUALLY AGREED UPON

PRIORITY TREATMENT PLANT PROJECTS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE SAME

Page 2 ends

projects.

In January 2023, City and TAFB staff reestablished regular communication and began working toward addressing the infrastructure needs for the City’s treatment plant on the Base. The City and TAFB staff established a mutually agreed upon priority list of critical capital improvement projects. Such projects include replacement of the alum tank, effluent pumps, filter media, and upgrades to the Supervisory Control and Data Acquisition (SCADA) system. TAFB has agreed to allow the City to use over payment funds currently held by the City to fund the approved priority projects.

In addition to this modification, a second modification will be coming to the Council to acknowledge and approve FY23-24 rate changes. TAFB will continue to identify available federal funding for the remaining critical capital improvement projects and future projects.

FISCAL IMPACT
This contract modification has no fiscal impact on the Water Enterprise Fund. City staff annually reconcile expenditures and charge TAFB sufficiently to cover costs incurred to supply and treat water for TAFB. There is no impact to the General Fund.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the potential to result 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. Final_Travis Modification_Resolution_4.26.24 CAO Stamp

2. Travis Air Force Base_Modification

CONTACT
Beth Schoenberger, Water Director
[email protected]

Approved as to form:

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

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

CONTRACT MODIFICATION WITH TRAVIS AIR FORCE BASE TO APPROVE THE USE OF

FUNDS THE CITY HAS ACCUMULATED FROM OVERPAYMENTS AND UTILIZATION OF

THE FUNDS FOR MUTUALLY APREED UPON PRIORITY PROJECTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.

WHEREAS, the City of Vallejo entered into a contract with Travis Air Force Base (TAFB) on March 16, 1953, to build a water treatment plant, supply water, and treat water for the Base; and WHEREAS, the City and TAFB have modified this contract sixty-one times to address infrastructure needs for the City’s treatment plant on Base and water rate increase; and WHEREAS, since 2011, there has been minimal communication regarding the contract due to staff turnover and staff shortages at both TAFB and the City; and WHEREAS, in January 2023, the City and TAFB staff have reestablished regular communication and began working toward addressing the infrastructure needs for the City’s treatment plant; and WHEREAS, the City and TAFB staff have established a mutually agreed upon priority list of critical capital improvement projects for the City’s treatment plant on Base; and WHEREAS, TAFB has agreed to allow the City to pay for some of the critical infrastructure projects with funds the City has retained due to overpayments by TAFB.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a contract modification with Travis Air Force Base to approve the use of funds the City has accumulated from overpayments and utilization of the funds for the mutually agreed upon priority projects and authorizes the City Manager to execute the same.

Adopted by the City Council of the City of Vallejo at a regular meeting held on April 23, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning
or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required)
copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
P00064
FA4427
0CUG2
FAR 43.103(a), Mutual Agreement Between Both Parties
See Schedule
FA4427 60 CONS LGC

ADMINISTRATIVE ONLY NO REQUISITIONS
350 HANGAR AVE
TRAVIS AFB, CA 94535-2632
United States

CITY OF VALLEJO

WATER SUPERINTENDENTS OFFICE

SANTA CLARA ST
VALLEJO, CA 94590
See Item 6
J

4. REQUISITION/PURCHASE REQUISITION NUMBER
F0468681D0002
11 12 Dec 23
10B. DATED (SEE ITEM 13)
16 Mar 53
1 SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES
Block 14 (Description of Amendment/Modification): The purpose of this modification is to address the following:

A. In accordance with the terms & conditions of the basic contract in paragraph 4, “CONTRACTOR’s FACILITIES, The Contractor, at its expense shall furnish, install, operate and maintain, all facilities required to furnish services hereunder and measure such service as of the point of delivery specified in Service Specifications.”
i. The Government concurs with the contractor’s prioritized list of repair projects for the Water Treatment Plant. The contractor has funds in their account to apply towards these projects.

B. All other terms and conditions remain unchanged and in full force and effect. (end of summary of changes)
CONSENT CALENDAR 8.J.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Daniel A. Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ACCEPT THE CITY-WIDE SIDEWALK AND CROSSWALK PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS PROJECT (PROJECT NO. PW9432) AND THE

SAFE ROUTES TO SCHOOL RADAR FEEDBACK SIGNS & CROSSWALK / RESTRIPING PROJECT (PROJECT NO. PW9711) PERFORMED BY LISTER CONSTRUCTION, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A

NOTICES OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

RECOMMENDATION
Accept the City-Wide Sidewalk and Crosswalk Pedestrian Infrastructure Improvements Project (Project No.

PW3432) and Safe Routes to School Radar Feedback Signs and Crosswalk / Restriping Project (Project No.

PW3711) performed by Lister Construction, Inc, of Vacaville, California, as complete, and authorize the City Clerk to file Notices of Completion with the Solano County Recorder’s Office.

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

BACKGROUND AND DISCUSSION
On July 12, 2022, the City Council awarded a construction contract to Lister Construction, Inc. of Vacaville, California in the amount of $258,447.40 for:
• City-Wide Sidewalk and Crosswalk Pedestrian Infrastructure Improvements Project (Project No.

PW3432)
• Safe Routes to School Radar Feedback Signs and Crosswalk / Restriping Project (Project No.

PW3711)

The improvements for the projects include:

City-Wide Sidewalk and Crosswalk Pedestrian Infrastructure Improvements, Project (Project No.PW9432)

1. Corcoran Avenue near Fairgrounds Drive

2. Fairgrounds Drive between Corcoran Avenue and Borges Lane

3. Georgia Street between Oakwood Avenue and Ashwood Avenue

4. Lorenzo Drive in front of Dan Mini Elementary Street

5. Glen Cove Parkway near Glen Cove Elementary School

Safe Routes to School Radar Feedback Signs and Crosswalk / Restriping Project (Project No. PW9711)

Date: May 14, 2024
Subject: ACCEPT THE CITY-WIDE SIDEWALK AND CROSSWALK PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS PROJECT (PROJECT NO. PW9432) AND THE

SAFE ROUTES TO SCHOOL RADAR FEEDBACK SIGNS & CROSSWALK / RESTRIPING PROJECT (PROJECT NO. PW9711) PERFORMED BY LISTER CONSTRUCTION, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO

FILE A NOTICES OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

Page 2 ends

1. Porter Street near Magazine Street

Construction on both projects began in September 2022, and work was completed on December 15, 2023. At the start of the projects, the developer of the Oakwood Apartments project, located at the corner of Porter and Magazine Street, also started its construction. Since the developer was conditioned to construct the Porter Street Sidewalk as part of Oakwood Apartments project, staff deleted the Porter Street sidewalk work from Project No. PW3432 and obtained approval from the Solano Transportation Authority, grantor of the Community Based Transportation Plan grant, to reassign the $120,000 grant to reconstruct deficient sidewalk on Broadway Street between Delaware Street and Texas Street. See Attachment 1 for the locations of all work.

Two additive Contract Change Orders (CCOs No. 1 and 2) and one deductive Contract Change Order (CCO No. 3) were issued:

City-Wide Sidewalk and Crosswalk Pedestrian Infrastructure Improvements, Project (Project No.PW9432) • CCO No. 1 - Construct an American with Disabilities Act (ADA) curb ramp across the street from City Hall in the amount of $19,117.00.

Safe Routes to School Radar Feedback Signs and Crosswalk / Restriping Project (Project No. PW9711) • CCO No. 2 - Reconstruct deficient Broadway Street sidewalk in the amount of $93,320.00. • CCO No. 3 - Delete the Porter Street sidewalk in the amount of -$87,463.00.

The total cost of all CCOs is $19,117.00 + $93,320.00 - $87,463.00 = $24,974.00.

Staff recommends accepting the City-Wide Sidewalk and Crosswalk Pedestrian Infrastructure Improvements Project (Project No. PW3432) and the Safe Routes to School Radar Feedback Signs and Crosswalk / Restriping Project (Project No. PW3711) performed by Lister Construction, Inc., of Vacaville, California, as complete and authorizing the City Clerk to file Notices of Completion with the Solano County Recorder’s Office.

FISCAL IMPACT
There is no fiscal impact associated with this item. The Projects were funded through the Capital Improvement Program Funds as follows:

SOURCES BUDGETS EXPENDITURES
Fund 221: Grants / Reimbursements
PW9711: Community Based Transportation Plan
$120,000
Date: May 14, 2024
Subject: ACCEPT THE CITY-WIDE SIDEWALK AND CROSSWALK PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS PROJECT (PROJECT NO. PW9432) AND THE

SAFE ROUTES TO SCHOOL RADAR FEEDBACK SIGNS & CROSSWALK / RESTRIPING PROJECT (PROJECT NO. PW9711) PERFORMED BY LISTER CONSTRUCTION, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO

FILE A NOTICES OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

Page 3 ends

Fund 221: Grants / Reimbursements
PW9432: Citywide Sidewalk & Crosswalk
Safe Routes to School (SR2S) - Grant
Widenmann - Solano Transportation Mini Grant
Dan Mini - Solano Transportation Mini Grant
Loma Vista - Solano Transportation Mini Grant
$112,500
Fund 203: Transportation Impact Mitigation Fee
PW9432: Citywide Sidewalk & Crosswalk - SR2S Local
Match
$2,500
Fund 219: Gas Tax / Highway Users Tax Act (HUTA)
PW9432: Citywide Sidewalk & Crosswalk
$40,092
Fund 226: Road Maintenance Rehabilitation Account (RMRA) / Senate Bill 1 (SB1)
PW9432: Citywide Sidewalk & Crosswalk
$124,596
Fund 201: Capital Outlay
PWC111 Vallejo Housing Authority ADA Curb Ramp
Improvement
$19,117

Design ($18,543.76)
Construction Contract (288,941.40)
Construction Contingency (15%) (0.00)
Other Construction Charges ($53,219.61)
Construction Management & Inspection ($46,002.78)
TOTAL $418,805 ($406,707.55)

Any remaining budget in this project will be moved to the next project in need of funding as deemed by the City Engineer after all invoices have been paid.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15301(c) “Existing Facilities” which applies to the repair and maintenance of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks and radar feedback signs.

ATTACHMENTS
Date: May 14, 2024
Subject: ACCEPT THE CITY-WIDE SIDEWALK AND CROSSWALK PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS PROJECT (PROJECT NO. PW9432) AND THE

SAFE ROUTES TO SCHOOL RADAR FEEDBACK SIGNS & CROSSWALK / RESTRIPING PROJECT (PROJECT NO. PW9711) PERFORMED BY LISTER CONSTRUCTION, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO

FILE A NOTICES OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

Page 4 ends

1. ATTACHMENT 1 - LOCATION MAP

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

ATTACHMENT 1

LOCATION MAP
PROJECT NOS. PW9432 & PW9711

PROJECT NO. 9432

1. Corcoran Avenue near Fairgrounds Drive

2. Fairgrounds Drive between Corcoran Avenue
and Borges Lane

3. Georgia Street between Oakwood Avenue and
Ashwood Avenue

4. Glen Cove Parkway near Glen Cove
Elementary School

5. Lorenzo Drive in front of Dan Mini Elementary
Street

PROJECT NO. 9711

6. Broadway St between Delaware Street and
Texas Street

LOCATION
NO. 1

LOCATION
NO. 2

LOCATION
NO. 3

LOCATION
NO. 4

LOCATION
NO. 5

LOCATION
NO. 6
CONSENT CALENDAR 8.K.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL ADVOCACY

PARTNERS EXTENDING THE TERM OF THE AGREEMENT, INCREASING THE NOT TO EXCEED AMOUNT TO $295,000 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution approving a First Amendment to the Consultant and Professional Services Agreement with Capitol Advocacy Partners for Police Department grant services, increasing the agreement by $200,000 for new not to exceed amount totaling $295,000 and extending the agreement to end on June 30, 2025 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Amending the agreement with Capitol Advocacy Partners will continue to support and enhance the Police Department's efforts to identify and pursue federal and state funding opportunities. These funding opportunities allow the department to implement programs to reduce crime, prevent gun violence and build strong community partnerships.

BACKGROUND AND DISCUSSION
Capitol Advocacy Partners (CAP) assist the Police Department in grant planning, writing, and management services. CAP has won eleven grants for the police department, for a total of over $6 million, to support the City’s efforts relating to violence prevention and mental health.

The Police Department has three programs that have come about because of CAP’s assistance, Project HOPE, Project HOME, and IHART. Project HOPE stands for Harm-focused Outreach, Prevention, and Engagement and focuses on community-based strategies to reduce, prevent, and suppress violent crime and gun violence in Vallejo’s hotspot neighborhoods. The Police Department was awarded two grants for this project with the assistance of CAP, the FY21 Department of Justice Byrne Criminal Justice Innovation Grant with funding beginning in January 2022 for $999,688 and the BSCC CalVIP grant in February 2022 for $1,541,292. The second initiative VPD has created was Project HOME (Homeless Outreach, Mentorship, & Empowerment). Project HOME supports qualified homeless transitional-aged youth 16-24 who have encountered the justice system, have mild to moderate mental health and/or substance use disorders, and are currently lacking needed mental health, substance use, and diversion programming. This project is funded by a single grant, BSCC Prop 47, totaling $999,611, that CAP worked to secure. The most recent project that is being implemented is IHART, (Integrated Health and Response Team). CAP has won three grants for the IHART program; FY22 Mobile Crisis Community Project totaling $900,000 (April 2021), the California Behavioral Health and Justice Initiative Capacity Building Grant totaling $366,957 (December 2021), and COPS CIT totaling in $301,800.36 (June 2022). IHART aims to address the mental health needs of the City of Vallejo and the community.

Capitol Advocacy Partners recently assisted the Vallejo Police Department to be selected by the Department

Date: May 14, 2024
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL ADVOCACY

PARTNERS EXTENDING THE TERM OF THE AGREEMENT, INCREASING THE NOT TO EXCEED AMOUNT TO $295,000 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE SAME

Page 2 ends

of Justice for the 2023 National Public Safety Partnership. This enabled the department to consult with and receive expedited, coordinated training, technical assistance, and an array of resources from DOJ to enhance local public safety strategies.

Capitol Advocacy Partners meets with staff on a regular basis to review City and Department goals and priorities to strategically locate funding opportunities. CAP facilitates meetings between the department and federal, state, and local agencies as well as community organizations. CAP also researches federal technical assistance programs the department can utilize to leverage existing resources. While these programs do not provide direct funding, they can assist in the research and analysis of data to provide evidence-based solutions to address violence in the community.

FISCAL IMPACT
There is no General Fund fiscal impact associated with this item. Comprehensive grant planning, engagement, and execution services are funded by federal and state-designated police funding sources.

ATTACHMENTS

1. First Amendment CAP Resolution CAO Stamp

2. First Amendment to CAP Agreement 24-PD104 CAO Stamp Revised

3. 24-PD104 CAP Original CPSA

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

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

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

A FIRST AMENDMENT TO THE AGREEMENT WITH CAPITOL ADVOCACY

PARTNERS EXTENDING THE TERM OF THE AGREEMENT AND INCREASING THE NOT TO EXCEED TOTAL TO $295,000 AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE SAME
WHEREAS, Capitol Advocacy Partners assists the Vallejo Police Department (VPD) in grant planning, writing, and management services; and
WHEREAS, Capitol Advocacy Partners has secured eleven grants for VPD totaling over $6 million dollars to support the department’s efforts to address violence prevention and mental health; and
WHEREAS, the City desires that Capital Advocacy Partners continue working with VPD to pursue federal and state funding opportunities as well as technical assistance from federal agencies.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the First Amendment to the Consultant and Professional Services Agreement with Capitol Advocacy Partners dated December 4, 2023 extending the term of the agreement and increasing the total not to exceed amount of the agreement to $295,000, including expenses is hereby approved, and authorizes the City Manager to execute the same.

First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONALD SERVCIES AGREEMENT

BETWEEN CITY OF VALLEJO
AND

CAPITOL ADVOCACY PARTNERS
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement dated December 4, 2023 (the “Agreement”) is entered into by and between Capitol Advocacy Partners (the “Consultant”), and the City of Vallejo, a municipal corporation (“ the City”), on this 14th day of May 2024.

Consultant and City do mutually agree as follows:

1. Revised Term of the Agreement. Paragraph 16 of the Agreement is amended to read as follows: “The term of this Agreement shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2025.”

2. Payment Services. The first sentence of Paragraph 1.A. of Exhibit B attached to the Agreement is 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 amount of two hundred ninety five thousand dollars ($295,000).

3. 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 amended 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 and this First Amendment.

4. 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.

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

6. Counterparts. This First Amendment may be executed by the parties in one or First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners Page 2 of 3 (Revised 01.2019)
more counterparts all of which collectively shall constitute one document and agreement.

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

CAPITOL ADVOCACY PARTNERS
BY:

Dana DeBeaumont
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Beverli Marshall
Interim City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Jason Ta
Interim Chief of Police
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager

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 _______________, by and between the City of Vallejo, a municipal corporation ("City"), and Capitol Advocacy Partners, a Partnership, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

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.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF 12/4/2023

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

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

8. Independent Contractor. Consultant is an independent contractor.

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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 July 1, 2023 and shall continue in full force and effect until June 30, 2024.

17. Termination or Abandonment by City. The City and Consultant have the right, at any time and in its sole discretion, to terminate or abandon any portion or all of the services to be provided under this Agreement by giving a 30 day notice to the non-terminating party. Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 10

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

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

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

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

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

If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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

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

22. Non-Discrimination/Fair Employment Practices.

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

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

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

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 10

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:

Bonnie Mirante
Administrative Manager
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590

If to Consultant:

Dana DeBeaumont
Partner
Capitol Advocacy Partners
600 Pennsylvania Avenue SE #15048
Washington, DC 20003

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

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

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

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 10

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

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

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

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

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

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

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

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

33. News and Information Release. Consultant agrees that it will not issue DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 10 any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF Consultant and Professional Services Agreement (Revised 01.2019) Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CAPITOL ADVOCACY PARTNERS,
A partnership
By:

Dana DeBeaumont
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Jason Ta
Interim Chief of Police
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF 12/4/2023
12/6/2023

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 6 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Bonnie Mirante
Administrative Manager
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-5565
[email protected]

The Consultant’s Representative for this Agreement is:

Dana DeBeaumont
Partner
Capitol Advocacy Group
600 Pennsylvania Avenue SE #15048
Washington DC 20003
202-546-0561
[email protected]

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 6 Exhibit A – Scope of Work
ATTACHMENT 1 OF EXHIBIT A

Grant Planning, Writing, and Management Services: Capitol Advocacy Partners (CAP) will assist the Vallejo Police Department (VPD) with grant research, strategy, and engagement. This may include preparation of program analysis, recommendations on programming and partnerships, preparation of applications, and ongoing communications with officials. Expert in-house flat fee or hourly grant writing is available for an additional fixed fee. Grant writing services include the completion of all required and recommended documents, such as budgets, application forms, logic models, etc.

The fee does not include preparation of expert technical documents that may be required for submission, such as, but not limited to, environmental impact statements, financial audits, or organization strategic plans.

CAP recommends that VPD budget to write two grant applications in Year 1.

Activities to support grant applications may include:

 Providing accurate information about grant funding opportunities.

Information shall include specifics on each Agency's funding priorities and objectives, including advice on how to make Vallejo Police Department's applications most competitive.

 Scheduling and participating in teleconferences/meetings between Vallejo Police Department and federal/state Agencies, including but not limited to U.S. Department of Justice and the State of California Bureau of State and Community Corrections.

 Building rapport with Program and Agency officials before solicitations are released.

 Drafting letters of partnership and support for grant applications and working with VPD to determine support targets.

 Drafting and securing letters of support from your Member of Congress and California Senators.

 Engaging in ongoing Federal advocacy on behalf of Vallejo Police Department with federal decision-makers throughout application and award periods.

 Providing ongoing updates to VPD on pending funding opportunities and award notifications.

 Participating in follow-up funding activities.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 6 Exhibit A – Scope of Work

 Available for an additional fee: Writing and successfully submitting grant applications before deadlines. Subject to availability.

Available for an additional fee: Grant management services. VPD can opt to use CAP grant management services for any number of grants and is not obligated to use the grant management services CAP can provide. Please note that, as with any grant award, VPD maintains all responsibility for executing its grant deliverables, for serving as the primary point of contact with the grant agency, and for submitting reports/documentations/drawdown requests through the appropriate agency grant management systems. Grant management service generally include:
 Assisting VPD in setting up its grant management systems, internal and external. This includes items such as, but not limited to, tracking SAM registration, grants.gov accounts, individual agency grant management account (such as G5, JustGrants, and SPARS), and federal fund draw down accounts.
 Working with VPD staff to develop and inform an internal grant management protocol, for use in public and private sector grants. The protocol may include items like: tracking grant performance measures, tracking and preparing grant progress reports and year-end reports, tracking expense compliance across federal and private funding sources, bidding process compliance, and providing accountability updates to board members and other stakeholders. VPD would still be responsible for implementing these protocols with their staff on a day-to-day basis.  Advising VPD on the formation of internal grants management teams, with the expertise, responsibilities, and workflow needed for successful execution of direct federal grants.
 Advising on content of regular required programmatic and financial reports, including review of reports prior to submission.  Participating in follow-up funding activities, including helping to problem- solve issues with fund disbursement, compliance documentation, grant activity monitoring by program officers, and other troubleshooting.

Legislation: Working closely with VPD, CAP will assist Vallejo Police Department in drafting and impacting legislation in the Federal arena. Actions may include:
a. Creating and submitting one report language request to support an area of interest to Vallejo Police Department. If earmarks return as expected, this deliverable would be in the form of an earmark request.

b. Reviewing possible/pending legislation-including appropriation bills and other legislation with a significant financial or policy impact-to determine potential beneficial or adverse impacts to Vallejo Police Department, including rural set- asides. As needed, drafting position letters and offering DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 6 Exhibit A – Scope of Work
amendments on legislation. Developing strategy for proactive involvement in identified policy topics and multi-year legislation.

c. Working with officials, legislators, and Agencies to resolve issues affecting Vallejo Police Department. Possible issue areas include professional training, police reform, public health, community development, economic development, and direction of new grant programs.

d. Arranging for Vallejo Police Department representatives to participate in the legislative process, such as preparing written legislative testimony for the record and facilitating meetings and/or written communications with legislators, agency boards and directors.

e. Representing Vallejo Police Department's interests by meeting and discussing proposed/pending legislation with appropriate parties, such as elected legislators, their staff, Committee staff, and Agency officials.

f. Maintaining direct contact with Members of Congress, their staffs, and Federal Agency leadership and staff, to further implement the vision of the Vallejo Police Department and ensure that the goals of Federal decision- makers are incorporated.

Meetings and Advocacy Days: Planning, scheduling, participating and executing Vallejo (via video/teleconference or, when permitted, one per year in- person and Washington appointments for Vallejo Police Department that include:

a. Documentation - CAP will prepare targeted advocacy materials for each meeting, ensuring that key messages are crafted for each specific meeting. Examples include project backgrounders, media clippings, funding request summaries, and additional materials that make a clear connection between the project and its 'fit' with the funding source or legislative need.

b. Client Briefing - CAP will work closely with Vallejo Police Department on background materials and suggested specific talking points targeted to each meeting. CAP will provide the VPD with biographies and relevant history on the decision maker or Committee/Department with whom you will be meeting. This history could include past funding programs, area approved projects, committee/department program priorities, with a special focus on the California connection of each decision maker.

c. Decision Maker Pre-Briefing - CAP will send background information to the Federal principal in advance, along with selected biographical information of each Vallejo Police Department representative scheduled to participate in the meeting. The dialog will not end with the meeting, but DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 6 Exhibit A – Scope of Work
CAP will engage in ongoing communications where decision-makers are regularly updated on developments within the VPD.

d. Meeting Staffing and Follow-Up - CAP will attend Federal meetings in DC (and/or participate by phone/video in California meetings}, taking notes, prompting questions, and providing additional information as necessary.

After each meeting CAP will continue communicating with each Federal decision maker and their staffs, providing regular updates on project developments, successes and milestones reached, information that reinforces the need for the project, media clippings, and ultimately keeping the decision maker informed and engaged in Vallejo Police Department's priorities. CAP will draft, prepare and deliver thank you notes and follow- up correspondence for all meetings.

Other: General Advocacy: CAP will be the Department's messenger in the Nation's Capitol and work closely with the Vallejo Police Department on a variety of fronts, including:

a. Reviewing Congressional Record and Federal Register for opportunities of interest to the Department and report findings.

b. Maintaining direct contact with Members of Congress, their staffs, and Federal Agency leadership and staff, to further implement the vision of the Vallejo Police Department and ensure that the goals of Federal decision- makers are incorporated.

c. Monitoring, reporting, and analyzing selected Congressional hearings.

d. Advising the Vallejo Police Department on effective advocacy and executing strategy.

e. Orchestrating on-going communications and dialog with key members of the Department of Justice and other relevant Federal Agencies to keep them engaged and committed to the vision of Vallejo Police Department.

CAP will tailor and amend Federal advocacy to reflect the unique priorities of Vallejo Police Department and adapt strategy as goals change. The long-term goal is a comprehensive approach to integrated Federal advocacy that establishes meaningful, knowledgeable, and lasting relationships on behalf of the VPD with its Congressional delegation, legislative leadership, Executive Branch, Agencies, and all of their respective staffs. Advocate shall determine the method, details and means for performing these services. CAP would adhere to strict ethical guidelines and serve a limited number of clients to ensure that Vallejo Police Department's goals receive sufficient attention.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 6 Exhibit A – Scope of Work
Grant Management: Prop 47
a. CAP provides support in drafting, reviewing, and distributing partner MOUs;
b. CAP trained VPD Project Coordinator on grant purpose and activities, and supports with partner communication and presentations;
c. CAP supports VPD Project Coordinator with partner management (i.e.

LAC scheduling, LAC outreach, partner outreach, and activity development) to ensure grant activities/requirements are executed; d. CAP assists in completing and submitting progress and financial reports; e. CAP completes and submits budget modifications;
f. CAP coordinates with VPD finance on invoicing.

Grant Management: Project HOPE/CalVIP
a. CAP provides support in drafting, reviewing, and distributing partner MOUs;
b. CAP trained VPD Project Coordinator on grant purpose and activities, and supports with partner communication and presentations;
c. CAP supports VPD Project Coordinator with partner management (i.e. project management team meeting scheduling, team/partner outreach, and activity development) to ensure grant activities/requirements are executed;
d. CAP completes and submits budget modifications;
e. CAP assists in completing and submitting progress and financial reports; f. CAP assists with JustGrants management;
g. CAP coordinates with VPD finance on invoicing.

Grant Management: IHART/ BHJIS: Capacity building grant a. CAP will support in drafting, reviewing, and distributing provider MOUs, IHART Unit Protocols;
b. CAP supports drafting and revising of IHART RFP;
c. CAP trained VPD Project Coordinator on grant purpose and activities, and supports with partner communication and presentations;
d. CAP supports VPD Project Coordinator with grant requirements; e. CAP completes and submits budget modifications;
f. CAP completes and submits quarterly invoices to BHJIS and manages grantee portal;
g. CAP assists with JustGrants management;
h. CAP attends monthly Grant Coaching Calls with Grant Liaison Carla Lemos and provides updates.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed ninety-five thousand dollars ($95,000.00).

Comprehensive Federal Grant Planning, Engagement, and
Execution Services $4,295
Grant Management – Prop 47 $3,000
Grant Management – CalVIP $3,000
Grant Management – IHART BHJIS $3,000

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

B. Additional Services:

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B - Compensation

2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable hourly rates shall be one hundred ninety-five dollars ($195.00) and as authorized.

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

4. Payments to Consultant.

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

5. Social Security Number or Taxpayer Identification Number

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

7. Total Billed to Date

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

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

D. Request for payment shall be sent to:

Vallejo Police Department
Attn: Financial Management Section
111 Amador Street
Vallejo, CA 94590
[email protected]

Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B - Compensation
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.

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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

EXHIBIT C

INSURANCE REQUIREMENTS

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: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

C. Workers’ Compensation and Employer's Liability: $500,000 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: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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 workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF

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

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

DocuSign Envelope ID: A445D4B9-1774-4D83-82E4-DAC70914E1DF CONSENT CALENDAR 8.L.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE 2023 COMMUNITY-ORIENTED POLICING

TECHNOLOGY AND EQUIPMENT PROGRAM GRANT, AUTHORIZE THE CITY

MANAGER TO SIGN THE GRANT AGREEMENT AND GIVING NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 ADOPTED BUDGET IN THE AMOUNT OF $830,000

RECOMMENDATION

1. Adopt a resolution accepting the Community Oriented Policing Services Fiscal Year 2023 Technology and Equipment Program grant award totaling $830,000.

2. As the first in a two-step process, provide notice of intent to amend the Fiscal Year 2023-24 adopted budget to recognize revenue and appropriate expenditures in the amount of $830,000.

REASONS FOR RECOMMENDATION
Staff recommends acceptance of this grant to support the department's priority of crime and gun violence reduction. The department is in need of updated technology and equipment to effectively and efficiently provide services to the citizens of Vallejo.

Amending the budget requires a public notice of intent (step 1) under the City's charter section 703 prior to any action taken. A staff report and a recommendation to amend the budget (step 2) will be presented to the City Council at the next regularly schedule City Council meeting.

BACKGROUND AND DISCUSSION
In 2022, the Vallejo Police Department engaged with Congressional representative Mike Thompson to put forth a Fiscal Year 2023 Community Funded Project to benefit the safety of Vallejo residents and businesses.

The department requested $830,000 to provide critical resources and strategies to combat gun violence, including getting untraceable ghost guns off the streets. Congressional representative Thomson was able to secure funding for this initiative through the Fiscal Year 2023 government funding bill.

This funding will allow the department to purchase gunshot detection subscription services once testing has been completed. Department staff will return to City Council to vote on the contract for the vendor selected for this service. The second project for grant will be the funding of the Department's Evidence & Property Section.

Improvements will include software upgrades, new equipment, and the updating of storage and organization in the warehouse. The Evidence & Property Section will not be included in the proposed new Community Services Building.

FISCAL IMPACT
The Vallejo Police Department will receive $830,000 in funding for expenditures related to gun violence. There is no cost share or match requirements for the grant.

Date: May 14, 2024
Subject: ADOPT A RESOLUTION ACCEPTING THE 2023 COMMUNITY-ORIENTED POLICING

TECHNOLOGY AND EQUIPMENT PROGRAM GRANT, AUTHORIZE THE CITY

MANAGER TO SIGN THE GRANT AGREEMENT AND GIVING NOTICE OF INTENT TO AMEND FISCAL YEAR 2023-24 ADOPTED BUDGET IN THE AMOUNT OF $830,000

Page 2 ends

ATTACHMENTS

1. COPS Tech Grant Resolution to Accept CAO stamp

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

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ACCEPTING A

GRANT FROM COMMUNITY ORIENTED POLICING SERVICES TECHNOLOGY AND EQUIPMENT GRANT IN THE AMOUNT OF $830,000
WHEREAS, the City of Vallejo Police Department engaged with Congressional Representative Mike Thompson to put forth a Fiscal Year 2023 Community Funded Project to the House Committee of Appropriations; and
WHEREAS, the Community Project proposed by the City of Vallejo Police Department and Representative Thompson was funding to provide critical resources and strategies to combat gun violence, including getting ghost guns off the streets of Vallejo; and WHEREAS, the City of Vallejo Police Department’s Community Project was selected and approved for funding; and
WHEREAS, the Community Oriented Policing Services Office will administer the Technoglogy and Equipment Grant awarded to the City to combat crime and gun violence; and WHEREAS, proposed purchases covered by this grant will include a gunshot detection subscription service and updates to the department’s Evidence & Property Section; and WHEREAS, the grant does not require a local match.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby authorizes the City Manager to accept the awarded grant funding in the amount of $830,000 from the Community Oriented Policing Services Office reducing crime and gun violence; and BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and
BE IT FURTHER RESOLVED, that this resolution shall serve as notice to the public that the City Council intends to amend the 2023/24 budget at a future City Council meeting to include the funds received from this grant.

CONSENT CALENDAR 8.M.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: AUTHORIZE THE COUNCIL TO APPROVE A PROCLAMATION DECLARING MAY AS

OLDER AMERICANS MONTH

RECOMMENDATION
Authorize the City Council to approve a proclamation declaring May 2024 as Older Americans Month

REASONS FOR RECOMMENDATION
US Census data as of July 1, 2022, indicates that 25.5% of the population in the City of Vallejo or 31,491 residents are adults aged 60 or over. The City of Vallejo has recognized Older Americans Month in the past.

BACKGROUND AND DISCUSSION
The following two paragraphs are taken from the history of Older Americans Month:

When Older Americans Month was established in 1963, only 17 million living Americans had reached their 65th birthday. About a third of older Americans lived in poverty and there were few programs to meet their needs.

Interest in older Americans and their concerns was growing. A meeting in April 1963 between President John F. Kennedy and members of the National Council of Senior Citizens led to designating May as “Senior Citizens Month,” the prelude to “Older Americans Month.”
Historically, Older Americans Month has been a time to acknowledge the contributions of past and current older persons to our country, in particular those who defended our country. Every President since Kennedy has issued a formal proclamation during or before the month of May asking that the entire nation pay tribute in some way to older persons in their communities. Older Americans Month is celebrated across the country through ceremonies, events, fairs, and other such activities.

On April 30, 2024, California Governor Newsom issued a proclamation declaring May 2024 as Older Californians Month. Likewise on April 30, 2024, President Biden issued “A Proclamation on Older Americans Month, 2024.” The granting of this proclamation is in accordance with City of Vallejo policy and is in alignment with State and Federal declarations.

FISCAL IMPACT
None.

ATTACHMENTS

1. 05142024 Proclamation Declaring May 2024 as Older Americans Month

Date: May 14, 2024
Subject: AUTHORIZE THE COUNCIL TO APPROVE A PROCLAMATION DECLARING MAY AS

OLDER AMERICANS MONTH

Page 2 ends

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

PROCLAMATION
DECLARING MAY 2024 AS OLDER AMERICANS MONTH
WHEREAS, President John F. Kennedy established Senior Citizen Month in 1963 (now renamed Older American Month) and since then the population of adults over 65 has increased from 17 million to 55.8 million or 16.8% of the population of the United States in 2020.* The number of Americans ages 65 and older is projected to increase from 58 million in 2022 to 82 million by 2050 (a 47% increase), and the 65- and-older age group’s share of the total population is projected to rise from 17% to 23%* *; and WHEREAS, Vallejo includes a growing number of older Americans who contribute their strength, wisdom, and experience to our community; and
WHEREAS, this year’s theme is “Power by Connection” emphasizing that communities benefit when people of all ages, abilities, and backgrounds are welcomed, included, and supported; and WHEREAS, service and support organizations such as Carquinez Village, the Napa/Solano Area Agency on Aging, Meals on Wheels, Solano Public Health’s Older and Disabled Adult Services (ODAS) Bureau, Greater Vallejo Recreation District (GVRD) and the Florence Douglas Center recognize the need to create a community that provides the services and supports that older Americans need to thrive and live independently for as long as possible; and WHEREAS, the City of Vallejo with the network of supportive organizations can work to build an even better community for our older residents by planning programs that encourage independence, e nsuring activities are responsive to individual needs and preferences and increasing access to services that support aging in place.

NOW, THEREFORE, BE IT PROCLAIMED that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council do hereby proclaim May 2024, to be Older Americans Month. I urge every resident to recognize the contributions of our older citizens, help to create an inclusive society, and join efforts to support older Americans’ choices about how they age in their communities.
*https://www.census.gov/library/stories/2023/05/2020-census-united-states-older-population-grew.html ** https://www.census.gov/data/tables/2023/demo/popproj/2023-summary-tables.html

Dated: May 14, 2024
__________________________________
ROBERT H. MCCONNELL, MAYOR

Vice Mayor Mina Loera-Diaz, District 3
Council Member Cristina Arriola, District 6
Council Member Peter Bregenzer, District 5
Council Member Diosdado ‘JR’ Matulac, District 2
Council Member Charles Palmares, District 4
Council Member Rozzana Verder-Aliga, EdD, District 1

CONSENT CALENDAR 8.N.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: APPROVE A PROCLAMATION DECLARING MAY 19-25, 2024 AS PUBLIC WORKS WEEK

RECOMMENDATION
Approve a proclamation declaring May 19-24, 2024 as Public Works Week

REASONS FOR RECOMMENDATION
The City of Vallejo has annually recognized Public Works Week and Public Works staff at the City of Vallejo.

BACKGROUND AND DISCUSSION
This annual proclamation educates the public about the importance of Public Works in their daily lives to planning, building, managing, maintaining and operating the infrastructure of the local community. The national commemorative week has been sponsored by the American Public Works Association since 1960. According to the APWA the occasion is marked each year with proclamations from mayors and governors across the country. Locally Contra Costa County and the cities of Fairfield and San Francisco recognize Public Works Week.

National Public Works Week became an education campaign in 1960. Rear Admiral Cushing Phillips, United States Navy (retired), chaired the campaign. That same year, Admiral Phillips retired as President of the Los Angeles Board of Public Works. National Public Works Week would receive federal recognition in 1962 through a proclamation by President John F. Kennedy.

FISCAL IMPACT
None.

ATTACHMENTS

1. 05142024 PROCLAMATION DECLARING PUBLIC WORKS WEEK MAY 19-25

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

PROCLAMATION
DECLARING THE WEEK OF MAY 19-25, 2024, AS “PUBLIC WORKS WEEK” WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Vallejo; and
WHEREAS, the 2024 theme is “Advancing Quality of Life for All ” which shines a spotlight on the quiet and often unseen ways public works professionals advance and maintain our quality of life; and WHEREAS, facilities and services could not be provided without the dedicated efforts of public works employees, who are responsible for and must design, build, operate, and maintain the roadways and bridges, water supply, refuse disposal systems, public buildings, and other structures and facilities essential to serve our residents; and WHEREAS, the health, safety and comfort of this community greatly depends on the quality and effectiveness of public facilities, as well as their planning, design, construction, and maintenance, which are vitally dependent upon the efforts and skill of Vallejo’s Public Works Department employees; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff our Public Works Department is materially influenced by Vallejo residents’ attitudes and understanding of the importance of the work they perform; and
WHEREAS, it is in the public interest for the citizens and civic leaders of this country to gain knowledge of and to maintain a progressive interest in the public works needs and programs of their respective communities.

NOW, THEREFORE, BE IT PROCLAIMED that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, hereby declare the week of May 19-25TH as “Public Works Week” in the City of Vallejo, and call upon all residents and civic organizations to acquaint themselves with the issues involved in providing public works services, and to recognize the contributions which Public Works Department employees make every day to our health, safety, comfort, and quality of life.

May 14, 2024
__________________________________
ROBERT H. McCONNELL, MAYOR

Vice Mayor Mina Loera- Diaz, District 3
Councilmember Tina Arriola, District 6
Councilmember Peter Bregenzer, District 5
Councilmember Diosdado “JR” Matulac, District 2
Councilmember Charles Palmares, District 4
Councilmember Rozzana Verder-Aliga, EdD, District 1

CONSENT CALENDAR 8.O.

DATE: May 14, 2024
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, AICP, Planning and Development Services Director SUBJECT: ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL

CONSULTING SERVICES FOR THE VISTA COVE PLANNED DEVELOPMENT AT A VACANT SITE OFF SHADY LANE AND WILDFLOWER AVENUE (APNs: 0079-171-170 and 0079-171-100) 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 Vista Cove Planned Development at a vacant site off Shady Lane and Wildflower Avenue (APNs: 0079-171-170 and 0079-171-100) and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The Planning Division uses contractual services on an as-needed basis to assist staff in preparing CEQA documents or for projects requiring specialized knowledge. The project at a vacant site off Shady Lane and Wildflower Avenue (APNs: 0079-171-170 And 0079-171-100) is anticipated to require an Initial Study with a focused Environmental Impact Report and contract assistance is needed to prepare the CEQA document.

BACKGROUND AND DISCUSSION
Staff issued an RFP to at least five firms for environmental work for the above project and chose LSA Associates, Inc. as it possesses the qualifications, expertise and availability to perform these services in a timely manner.

FISCAL IMPACT
There will be no impact on the General Fund as a result of the recommended action. The project applicant will pay for the services of the environmental consultant, including the 20% administrative fee.

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

ATTACHMENTS

1. RESO approving ECA with LSA_Vista Cove Planned Development_CAO Stamp

2. LSA Environmental Consultant Agreement_Vista Cove_CAO Stamp

3. Exhibit A - Scope of Work

4. Exhibit B - Compensation

5. Exhibit C - Insurance

Date: May 14, 2024
Subject: ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL

CONSULTING SERVICES FOR THE VISTA COVE PLANNED DEVELOPMENT AT A VACANT SITE OFF SHADY LANE AND WILDFLOWER AVENUE (APNs: 0079-171- 170 and 0079-171-100) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

CONTACT
Christina Ratcliffe, AICP, Planning and Development Services Director [email protected]

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO

PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR THE VISTA COVE PLANNED

DEVELOPMENT AT A VACANT SITE OFF SHADY LANE AND WILDFLOWER AVENUE (APNs: 0079-171-170 and 0079-171-100) AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department is processing a land use entitlement for the Vista Cove Planned Development at a vacant site off Shady Lane and Wildflower Avenue (APNs: 0079-171-170 and 0079-171-100) (Project); and WHEREAS, the City has established procedures for compliance with the requirements of the California Environmental Quality Act of 1970 (CEQA); and WHEREAS, the Department issued an RFP for an outside consultant to provide environmental consulting expertise in reviewing this Project; and
WHEREAS, LSA Associates, Inc., a California corporation, has the qualifications, expertise and availability to perform the these services in a timely manner; and WHEREAS, LSA Associates, Inc. will prepare a CEQA Initial Study and an Environmental Impact Report (EIR), if required; and
WHEREAS, if approved by the Council, Consultant will enter into an Environmental Consultant Agreement cost to perform these services for an amount not to exceed $173,050.00, which amount shall be fully reimbursed by the Project applicant.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves an Environmental Consultant Agreement to provide environmental consulting services for the Vista Cove Planned Development at a vacant site off Shady Lane and Wildflower Avenue (APNs: 0079-171-170 and 0079-171-100).

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute said Environmental Consultant Agreement with any modifications recommended by the City Attorney.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 28, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 1 ENVIRONMENTAL CONSULTANT AGREEMENT
THIS ENVIRONMENTAL CONSULTANT AGREEMENT (“Agreement”) is made and entered into as of this 30th day of May 2024, by and between LSA Associates, Inc., a California corporation (“Consultant”), and the City of Vallejo, California, a municipal corporation ("City").

WITNESSETH:

WHEREAS, City has established procedures for compliance with the requirements of the California Environmental Quality Act of 1970 (CEQA); and WHEREAS, after review of the proposed housing development and master plan for the Vista Cove Planned Development project located on vacant land off of Shady Lane and Wildflower Avenue (APN: 0079-171-170 and 0079-171-100) in Vallejo (“Project”), City is requiring the preparation of an Initial Study and Environmental Impact Report (EIR) for the Project; and
WHEREAS, City has selected Consultant to conduct said analysis based on Consultant's skills, qualifications, and past experience in the environmental analysis profession.

NOW, THEREFORE, in consideration of this Agreement and the mutual promises, covenants, and stipulations herein contained, the parties agree as follows:

1. Consultant shall undertake and provide its best efforts to complete the preparation of an Initial Study and EIR in conformance with the scope of work attached hereto as “Exhibit A.“ Consultant shall perform these services in a manner compatible with the standards of the profession, and in compliance with all applicable State and local CEQA regulations and rules.

2. A. Consultant shall, upon receipt of a signed copy of this Agreement, immediately begin and diligently pursue to completion the aforesaid work. Consultant shall submit its report and other work product as indicated in the time schedule set forth in Exhibit A.

B. The Consultant's staff members listed in Exhibit A are exclusively those who will perform the work as outlined therein. Substitutions of personnel must be approved in writing by the City. Theresa Wallace, AICP shall serve as the principal liaison between the City and Consultant.

3. No change or waiver shall be valid unless in writing signed by the City Manager.

Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 2 4. City shall pay Consultant for services rendered hereunder at the hourly rates of Consultant set forth in Exhibit "B" and incorporated herein by this reference, but not to exceed the maximum contract amount of $173,050.00. Consultant shall render all services and do all things required under the terms and conditions of this Agreement subject to the "not to exceed" amount of $173,050.00.

5. A. Consultant will limit its project expenditures to the not to exceed amount of $ 173.050.00 and terminate work when this threshold has been met unless a revised budget has been mutually established and made a part of this Agreement. If total charges for the Project are less than the total not to exceed amount, City will be billed for only the total charges so accrued.

B. Consultant shall submit an invoice to City showing:

1. Detailed charges for Labor

2. Other Reimbursable Expenses, itemized separately

3. Purchased services
C. Invoices shall be prepared in duplicate and submitted to the City at the following address:

City of Vallejo
Attention: Dale Miller
Planning Division
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
Within thirty (30) days after receipt of an invoice, City shall pay all undisputed invoice amounts.

6. Consultant shall provide the City with at least one copy of its final report. All reports, research material, plans, maps, photos, etc. purchased or developed for this Agreement shall be delivered to and become the sole property of the City for its use and the City shall be responsible for distribution of material.

7. Consultant shall not release any administrative, preliminary, or final copy of the report to any person including the Project applicant without written consent of the City.

8. Consultant, including its agents, servants, and employees, is not an agent or employee of City, but rather an independent contractor solely responsible for its acts and omissions and this Agreement shall not be construed as an employment contract. The manner in which Consultant performs this contract shall be left to the discretion of the Consultant.

9. Consultant represents that in the acceptance of this assignment there is no conflict of interest. Consultant warrants that he has no business relationship of any kind with Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 3 any of the principals or officers of any of the proponents of the project or property which is the subject of this Agreement.

10. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request, shall testify therein at a reasonable and customary fee.

However, if any of the studies or analyses performed by the Consultant hereunder are successfully challenged in a court of competent jurisdiction, the Consultant shall, at its sole cost, revise, amend, supplement, or modify such work to bring it into compliance with CEQA, so long as the inadequacy is attributable in whole or part to the performance of Consultant or its subcontractors, rather than caused by incorrect information supplied by the City.

11. If legal action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' and witness fees and legal costs.

12. Consultant may not assign this Agreement, or any monies to be received hereunder, without prior written authorization of the City. Consultant may not enter into any subcontract or sub-consultant Agreement with any other firm or person to perform any of the tasks agreed to be performed hereunder by the Consultant without the prior written authorization of City. In the event said authorization is given by the City, Consultant shall provide to the City copies of each and every contract into which the Consultant enters with sub-consultants or subcontractors prior to the date that said sub-consultant contracts or subcontractor contracts are executed by the parties.

13. Consultant shall obtain a City Business License prior to any payment.

Consultant shall pay the applicable business license tax and maintain said business license during the term of this Agreement.

14. Consultant shall indemnify, hold harmless, release, and defend City, its Council members, boards and commissions, officers, employees, consultants, and agents to the extent permitted by law from all claims, actions, damages, losses, failures to comply with any current or prospective laws, costs, and expenses of defense that may be asserted by any person including Consultant from any cause arising out of Consultant's negligence.

Consultant will perform its services in accordance with the standards of care and diligence normally practiced by reputable environmental engineering firms in performing similar work.

The provisions of this paragraph No. 14 shall survive the expiration or termination of this Agreement.

15. Without limiting Consultant’s indemnification provided herein, Consultant shall take out, maintain, and provide the City with certificates and endorsements satisfactory to the City Attorney of the following policies of insurance during the terms of this Agreement.

A. Workers' Compensation Insurance to cover its employees, and the Consultant shall require all subconsultants and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees. Each Workers' Compensation policy shall be endorsed with the provision that it will not be canceled or altered without first giving thirty (30) days prior notice to the City.

Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 4 Said Worker's Compensation policy shall have the following endorsement:
"All rights of subrogation are hereby waived against the City, its officers and employees when acting within the scope of their appointment or employment".

B. Commercial General Liability Insurance including personal injury and property damage insurance for all activities of the Consultant and its sub- consultants and sub-contractors arising out of or in connection with this contract, written on a commercial general liability form including, but not limited to, property damage, blanket contractual, products liability and completed operations, vehicle coverage and non- owned auto liability coverage in an amount no less than $1 million dollars combined single limit personal injury and property damage for each occurrence.

Each such policy shall be endorsed to name the City its officers, agents, and employees as additional insureds for all liability arising out of the work performed by or on behalf of the named insured. The insurance provided shall primary and no insurance held or owned by the City shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. The coverage provided by this policy shall not be canceled without thirty (30) days prior written notice given to the City.

C. If not included in the Commercial Liability coverage, Automobile Insurance to cover personal injury or death and property damage in an amount no less than $500,000 combined single limit. The City shall be named an additional insured.

D. Professional Liability insurance in an amount no less than $1 million dollars.

16. Consultant shall not be liable to the City for damages of any kind occasioned by delays due to causes beyond Consultant's control and without its fault or negligence, provided Consultant notifies the City as soon as such delay becomes apparent.

17. 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:

Cesar Orozco
Planning Manager, Planning Division
555 Santa Clara Street
Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 5 Vallejo, CA 94590
[email protected]
If to Consultant:

Theresa Wallace, AICP
Principal In-Charge
157 Park Place
Pt. Richmond, CA 94801
[email protected]
(510) 236-6810

18. Unless extended by mutual agreement or terminated pursuant to this paragraph, this Agreement shall expire upon Consultant's satisfactory and timely completion of the services contracted for hereunder. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City within its sole discretion upon written notice to the Consultant. Consultant may terminate this Agreement upon thirty (30) days' written notice to the City only for good cause, including without limitation, serious illness or material breach of this Agreement by City. Consultant's written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. Upon termination, all finished and unfinished documents, project data and reports shall, at the option of the City, become its sole property and shall, at Consultant's expense, be delivered to the City or to any party the City may so designate. In the event of termination by the Consultant, the Consultant shall only be compensated for all work Consultant satisfactorily performs prior to the time Consultant delivers to the City the termination notice, unless other arrangements are agreed to by the City. In the event of termination by the City, the Consultant shall be compensated for all work satisfactorily performed prior to the time Consultant receives the termination notice, and shall be compensated for materials ordered by the Consultant, and services of others ordered by the Consultant prior to receipt of the City's termination notice whether or not such materials or instruments of services of others have actually been delivered to Consultant or to the City, provided that the Consultant is not able to cancel such orders for materials or services of others. In the event this Agreement is terminated pursuant to this section, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant to this section.

19. 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.

20. This Agreement shall in all respects be governed by the laws of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 6 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.

21. 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.

22. 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, epidemics, riots, strikes, lockouts, or acts of God.

23. Consultant shall not be liable to the City for damages of any kind occasioned by delays due to causes beyond Consultant's control and without its fault or negligence, provided Consultant notifies the City as soon as such delay becomes apparent.

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

25. 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 THE FOLLOWING PAGE]
Environmental Consultant Agreement_ LSA Associates_ Vista Cove Planned Development Project 7 IN WITNESS WHEREOF that parties hereto have caused this Agreement to be executed.

Dated this 30th day of May 2024.

LSA Associates,
a California corporation
By:

Anthony Petros
CEO
DATE:
11710922
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Beverli Marshall
Interim City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Christina Ratcliffe
Planning & Development Services
Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
April 2024

REVISED PROPOSAL FOR SERVICES

VISTA COVE PLANNED DEVELOPMENT PROJECT
ENVIRONMENTAL REVIEW
Exhibit A
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April 2024

REVISED PROPOSAL FOR SERVICES

VISTA COVE PLANNED DEVELOPMENT PROJECT
ENVIRONMENTAL REVIEW

Submitted to:

Cesar Orozco, Principal Planner
City of Vallejo
Planning and Development Services
555 Santa Clara Street
Vallejo, California 94590

Prepared by:

LSA
157 Park Place
Pt. Richmond, California 94801
510.236.6810

Project No. 20241051.P
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................... 1 PROJECT UNDERSTANDING ........................................................................................................... 1 Project Site ......................................................................................................................................... 1 Proposed Project ................................................................................................................................ 2 APPROACH ..................................................................................................................................... 2 SCOPE OF SERVICES .................................................................................................... 4 TASK 1.0 PROJECT INITIATION ....................................................................................................... 4

1.1 Start‐Up Meeting/Site Visit .................................................................................................. 4

1.2 Data Gathering, Evaluation, and Peer Review ..................................................................... 5

1.3 Project Description ............................................................................................................... 6

1.4 Work Program Refinement .................................................................................................. 6 TASK 2.0 INITIAL STUDY ................................................................................................................. 6

2.1 Administrative Draft Initial Study ......................................................................................... 7

2.2 Screencheck Initial Study ................................................................................................... 10

2.3 Public Review Draft Initial Study ........................................................................................ 10

2.4 Notice of Preparation/Scoping Session .............................................................................. 10 TASK 3.0 DRAFT ENVIRONMENTAL IMPACT REPORT .................................................................. 11

3.1 Setting and Impacts ............................................................................................................ 11

3.2 Alternatives ........................................................................................................................ 13

3.3 Other CEQA Considerations ............................................................................................... 14

3.4 Mitigation Monitoring and Reporting Program ................................................................. 14

3.5 Administrative Draft EIR ..................................................................................................... 14

3.6 Screencheck Draft EIR ........................................................................................................ 15

3.7 Public Review Draft EIR ...................................................................................................... 15 TASK 4.0 RESPONSE TO COMMENTS DOCUMENT AND FINAL EIR ............................................. 15

4.1 Draft RTC Document Matrix ............................................................................................... 15

4.2 Administrative Draft RTC Document .................................................................................. 15

4.3 Screencheck Draft RTC Document ..................................................................................... 16

4.4 Final RTC Document ........................................................................................................... 16

4.5 Findings of Fact and Statement of Overriding Considerations .......................................... 16 TASK 5.0 PUBLIC HEARINGS AND MEETINGS .............................................................................. 17 TASK 6.0 PROJECT MANAGEMENT .............................................................................................. 17 SCHEDULE ................................................................................................................. 18 COST ESTIMATE ........................................................................................................ 20 QUALIFICATIONS AND EXPERIENCE ........................................................................... 22 Project Team ............................................................................................................................... 22

APPENDICES
A: RESUMES

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TABLES
TABLES
Table A: Work Program Outline .............................................................................................................. 4 Table B: Preliminary Environmental Review Schedule ......................................................................... 19 Table C: Preliminary Cost Estimate ....................................................................................................... 21

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LSA is pleased to submit this proposal to prepare the environmental review documentation for the proposed Vista Cove Planned Development Project (herein referred to as the “proposed project”), pursuant to the California Environmental Quality Act (CEQA). In response to the City of Vallejo’s (City’s) Request for Proposals (RFP) dated March 29, 2024, LSA has developed an approach and work program that provide for robust environmental review of the project utilizing existing background information and previous technical analyses to the extent feasible, supplemented by additional analyses to be completed by the LSA team in accordance with City environmental review protocols.

LSA will manage the contract for the proposed project environmental review process, be responsible for the accuracy and quality of all technical documentation and represent the team at all public hearings. Theresa Wallace, AICP, Principal, will serve as Principal in Charge and Shanna Guiler, AICP, Associate, will serve as the Project Manager. LSA will also be joined by BASELINE Environmental Consulting (Baseline) who will peer review the Geotechnical Report and Phase I Environmental Site Assessment.

The remainder of this section demonstrates our understanding of the proposed project and our approach to environmental review. The detailed scope of work, preliminary schedule, cost estimate, and staff qualifications are presented in the following sections. This proposal supersedes our prior proposal submitted to the City on April 12, 2024.

PROJECT UNDERSTANDING
Our understanding of the project site and the proposed project, and our approach to environmental review, is summarized below. It is based on our review of the project application materials submitted by Sancerra Vista Cove (project sponsor) and our familiarity with the project area and Vallejo in general.

Project Site
The project site consists of a 20‐acre site located at the northeast corner of Shady Lane and Wildflower Street (Assessor’s Parcel Numbers [APN] 0079‐171‐170 and 0079‐120‐100). The project site is bound by Interstate 780 (I‐780) to the north, Benicia State Recreation Area to the east, undeveloped land to the south, and single‐family residential development to the west.

The topography of the project site contains undulating hills with flat areas, with elevations ranging from approximately 97 to 180 feet above sea level. As described in the Biological Resources Technical Report,1 the majority of the project site is dominated by non‐native annual grassland. The project site contains one intermittent stream, connected to a seasonal wetland, and one linear freshwater marsh.

The project site encompasses APN 0079‐171‐170 and a portion of APN 0079‐120‐100. The western

1 WRA, Inc. 2024. Vista Cove Biological Resources Technical Report. February.

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 2 parcel, APN 0079‐171‐170, approximately 1 acre, has a General Plan designation of Primarily Single Family. The Primarily Single Family designation “applies to residential neighborhoods primarily characterized by detached single‐ family homes….Permitted land uses include single‐family homes, in some instances duplexes, triplexes, fourplexes, and small commercial spaces, and public facilities such as schools, religious institutions, parks, and other community facilities appropriate within a residential neighborhood. The maximum permitted residential density in the R‐SF designation is nine dwelling units per acre; however, in single‐family areas where accessory dwelling units are allowed, maximum permitted residential density is 12 dwelling units per acre.” The other parcel, APN 0079‐120‐100, has a General Plan designation of Mix of Housing Types/Medium Density (R‐MH). The Mix of Housing Types designation “applies to residential neighborhoods largely characterized either by 1) single‐family homes but with a mix of other housing types, including duplexes, triplexes, fourplexes, some smaller scale apartment buildings and small commercial spaces; or 2) primarily single‐use, multi‐family developments with common outdoor spaces.” The maximum permitted residential density is 25 dwelling units per acre.

The project site is zoned Residential Medium Density (RMD) and Residential Low Density (RLD). The RMD Zoning District is intended to create and establish regulations for a district with a mix of housing types, including attached and detached, and small apartment buildings, subject to density limits (up to 25 dwelling units per acre) and design and development standards to ensure land use compatibility. The RLD Zoning District is for low‐density residential areas in which permanent single unit residences, including detached and attached (duplexes and townhouses) units, are the primary use. Other residential types including cottages and bungalows around courts may be seen in this district as well as small neighborhood serving retail. This district also allows a variety of neighborhood supportive services, public and educational facilities, open spaces and community facilities.

Proposed Project
The proposed project would consist of a Zoning Map Amendment to re‐zone the project site to Planned Development and allow for the site to be subdivided into 51 parcels for single‐family development. Access to the proposed project would be provided by one (1) full access driveway through an established residential community to the west. The southernmost portion of the project site, approximately 8.4 acres would be preserved as open space.

APPROACH
As outlined in the City’s RFP and based on our review of the existing project materials, LSA proposes to prepare an Initial Study and Focused Environmental Impact Report (EIR) to evaluate the environmental impacts of the proposed project. An Initial Study will be prepared as a preliminary environmental document, which will contain an evaluation and discussion of environmental topics to be excluded from full analysis in the Focused EIR. The Initial Study will fully document the finding that topics not addressed in detail in the Focused EIR would not be associated with significant environmental impacts. Mitigation measures or standard City conditions of approval will be recommended in the Initial Study to reduce adverse environmental effects, as necessary. The Initial Study will be circulated for comment with the Notice of Preparation (NOP).

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 3 Because the project site is within an urban area, and based on LSA’s preliminary evaluation of the proposed project and available background materials, it is anticipated that potential impacts associated with aesthetics; agriculture and forestry resources; air quality; cultural resources; energy; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; tribal cultural resources; utilities and infrastructure; and wildfire would be less than significant or could be addressed with standard conditions of approval or mitigation measures.

Based on our current understanding of the proposed project and potential environmental impacts/topics of community concern, LSA believes that the topics of aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, and transportation would be further evaluated in the Focused EIR.

After completion of the Initial Study, LSA will provide a recommendation regarding the topics that should be included in the EIR and would confirm this approach as part of the work program refinement task outlined in Task 1.4, in the following section.

LSA will utilize, to the maximum extent possible, information available from current technical documentation prepared for the proposed project. Background studies that are anticipated to be provided by the project sponsor, are identified in Task 1.2.

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 4 SCOPE OF SERVICES
The scope of services outlined below identifies the various tasks that LSA will undertake to complete the environmental review documentation for the proposed project. A summary of the scope of services is provided in Table A. Our proposed schedule is shown in Table B and the cost estimate is presented in Table C.

LSA will undertake the following tasks to prepare
and complete the environmental review
documentation for the proposed Project.

TASK 1.0 PROJECT INITIATION
The project initiation task will provide an
opportunity for the LSA team and City staff to
collaborate, strategize, and discuss LSA's
recommended approach to environmental
review and the associated work program. Other
key project initiation tasks will involve
conducting a site visit, gathering and reviewing
background information, and preparing the
project description.

1.1 Start‐Up Meeting/Site Visit
LSA will meet with City staff and the sponsor
team to discuss expectations regarding the tasks
to be undertaken to complete the
environmental documentation for the proposed
project. It is assumed that this meeting would
occur via video‐conference. As part of this
meeting, LSA will gather relevant information
and data regarding the site and environmental
issues beyond that which the City/sponsor has
already submitted to LSA (refer to Task 1.2),
discuss the City's desired schedule, and discuss
expectations for project coordination and
management.

As part of this task, the LSA team will visit the
site to identify existing conditions, study area
features, and confirm information previously provided.

Table A: Work Program Outline
TASK 1.0 PROJECT INITIATION

1.1 Start‐Up Meeting/Site Visit

1.2 Data Gathering, Evaluation, and Peer Review

1.3 Project Description

1.4 Work Program Refinement
TASK 2.0. INITIAL STUDY

2.1 Administrative Draft Initial Study

2.2 Screencheck Initial Study

2.3 Public Review Draft Initial Study

2.4 Notice of Preparation/Scoping Session
TASK 3.0 DRAFT ENVIRONMENTAL IMPACT REPORT

3.1 Setting and Impacts

3.1.1 Biological Resources

3.1.2 Transportation

3.1.3 Air Quality

3.1.4 Greenhouse Gas Emission

3.1.5 Noise

3.1.6 Cultural Resources

3.1.7 Aesthetics

3.2 Alternatives

3.3 Other CEQA Considerations

3.4 Mitigation Monitoring and Reporting Program

3.5 Administrative Draft EIR

3.6 Screencheck Draft EIR

3.7 Public Review Draft EIR
TASK 4.0 RESPONSE TO COMMENTS DOCUMENT
AND FINAL EIR

4.1 Draft RTC Document Matrix

4.2 Administrative Draft RTC Document

4.3 Screencheck Draft RTC Document

4.4 Final RTC Document

4.5 Findings of Fact and Statement of Overriding
Considerations
TASK 5.0 PUBLIC HEARINGS AND MEETINGS
TASK 6.0 PROJECT MANAGEMENT
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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 5 1.2 Data Gathering, Evaluation, and Peer Review
LSA will collect and evaluate existing data and analyses applicable to the proposed project and the project site. LSA will also review the City's General Plan, the Municipal Code, other recent CEQA documentation for recent projects, and any other applicable planning documents that relate to the project site.

The following background documents are anticipated to be provided to LSA:
 Biological Resources Technical Report prepared by WRA Environmental Consultants  Arborist Tree Survey and Report prepared by WRA Environmental Consultants  Preliminary Geotechnical Exploration prepared by ENGEO  Phase I Environmental Site Assessment (ESA) prepared by ENGEO  Drainage Study prepared by DK Engineering
 Noise Impact Analysis prepared by Urban Crossroads
 Preliminary Stormwater Control Plan prepared by DK Engineering As requested in the RFP, LSA will peer review the Biological Resources Technical Report, Arborist Report, Noise Study, Geotechnical Report and ESA (peer reviewed by Baseline). This scope of work assumes that for each technical report, LSA will conduct two rounds of review and submit a memorandum of findings to the City detailed areas requiring modification, if necessary.

Prior to preparation of the project description and initiation of technical evaluations, LSA will request the following from the project sponsor, some of which may have already been provided but may be updated as part of future application resubmittals:
 Site Survey Mapping and Data
 Current Conceptual Site Plan(s)
 Proposed Building Elevations
 Proposed Building Sections
 Landscape Plan
 Stormwater Plans and Stormwater Requirements Checklist  Utility Plan
 Construction schedule and data, including equipment use and duration (worksheet to be provided by LSA)

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 6  List of Project Objectives

1.3 Project Description
Based on the submitted site plans, technical studies completed for the proposed project, and consultation with City staff and the project team, LSA will draft a project description that includes all elements necessary to comply with CEQA, including, but not limited to, the purpose, phasing, and physical elements of the project, including building use, square footage and height. The project description will include maps showing the existing buildings adjacent to the site, and the location and boundaries of the proposed project. In addition, the project description will include a discussion of the background, objectives of the project (to be provided by the project sponsor and refined as necessary), and construction phasing plan. The project description will describe the overall approval process for the project and identify all discretionary and anticipated subsequent approvals. All relevant agencies and reviewing bodies will also be identified.

As part of this task, LSA will also prepare a base map of the project site and vicinity for use in the Initial Study, NOP, and EIR, using the best available information. The base map will be used to illustrate the features of the site and its vicinity, such as streets and surrounding land uses, general plan designations, and zoning. Copies of the base map will be available for consultant and City staff use during meetings and presentations.

Crafting an appropriately detailed and illustrated project description is often the single most time‐ consuming (as well as important) element of a CEQA review document. LSA will work closely with the City to ensure that the project description provides a level of detail appropriate for CEQA analysis. A draft project description will be submitted to the City and sponsor for review and comment before the LSA team begins conducting any impact analyses. The information compiled as part of this task will inform the project description used in the NOP, Initial Study, and the Draft EIR (refer to Tasks 2.0 and 3.0).

1.4 Work Program Refinement
It may be necessary to refine the work program in accordance with information compiled in the above subtasks. Upon receipt and review of all of the comments on the NOP and taking into consideration comments heard at the scoping session (refer to Task 2.5), LSA will work with City staff to refine the scope of work and budget, if necessary, to address any environmental issues that are not yet adequately addressed in this work program.

TASK 2.0 INITIAL STUDY
An Initial Study will be prepared in accordance with CEQA and City guidelines; LSA will utilize the Environmental Checklist Form (Appendix G of the CEQA Guidelines) to focus‐out environmental topics that do not warrant detailed analysis in the EIR. The Initial Study would include a brief project description documenting existing conditions, project impacts for the checklist topics, applicable City Conditions of Approval, mitigation measures, and resulting level of significance for each of the checklist topics. As noted above, after completion of the Initial Study, LSA will provide a recommendation regarding the topics that should be included in the EIR. If the analysis in the Initial Study finds that the project would result in significant impacts to other aspects of the physical R EVISED P ROPOSAL FOR S ERVICES
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2.1 Administrative Draft Initial Study
LSA will prepare the Administrative Draft Initial Study for review by City staff. The Administrative Draft will be submitted to the City in electronic format (Word and PDF files).

The following topics are expected to be focused‐out of the EIR: agriculture and forestry resources; energy; geology and soils; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; population and housing; public services; recreation; tribal cultural resources; utilities and infrastructure; and wildfire. The Initial Study would be circulated with the NOP, and the following topics, briefly described below, will be analyzed in the Initial Study:

2.1.1 Agriculture and Forestry Resources
The project site is not occupied by active agricultural, or forestry uses. The project site is zoned as Central Corridor Commercial; therefore, the project site is not zoned for agricultural or forestry use.

The project site is classified as “Urban and Built Up Land” by the California Department of Conservation and is not designated as an Important Farmland category (i.e., Prime Farmland, Unique Farmland, Farmland of Statewide Importance, Farmland of Local Importance).1 LSA will provide brief responses to the checklist questions for this topic.

2.1.2 Energy
LSA will evaluate the project’s impacts related to energy use in response to the checklist questions.

This discussion will address the project’s compliance with applicable energy efficiency standards and will cross reference the discussion provided in the greenhouse gas emissions section as necessary.

Energy data estimated using the CalEEMod model will be reported.

2.1.3 Geology and Soils
This section will summarize the site’s potential for geologic impacts using the Preliminary Geotechnical Exploration peer reviewed as part of Task 1.2. This section of the Initial Study will include a discussion of potential seismic impacts including fault rupture, seismic shaking, ground failure, and landslides; the maximum expected earthquake on nearby active faults that would likely cause very strong seismic groundshaking at the project site; potential geotechnical impacts including unstable soils; and potential impacts associated with slope instability. This scope of work assumes potential seismic and soils impacts would be reduced to a less‐than‐significant level with compliance with standard City conditions and the California Building Code.

LSA will review the General Plan and geology underlaying the site to determine the probability of locating paleontological resources during project construction activities. If the probability of paleontological resources is high, LSA will coordinate with the City in determining next steps (i.e., request preparation of a Paleontological Resource Assessment Report). If the probability is low, LSA will note so in the analysis under the specific threshold and reference standard City conditions that

1 California Department of Conservation, 2016. California Important Farmland Finder Website:
https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed June 16, 2023).

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2.1.4 Hazards and Hazardous Materials
LSA will evaluate potential impacts related to hazards and hazardous materials that may result from development of the proposed project. LSA will describe known and potentially hazardous materials issues in the project area and immediate vicinity based on information collected from available reports, including the Phase I ESA. Other tasks will include a description of any potential project‐ related interference with emergency response or emergency evacuation plans and a description of local fire hazards. This section will describe applicable regulatory requirements related to hazards and hazardous materials that would be anticipated to reduce any significant impacts to less‐than‐ significant levels.

2.1.5 Hydrology and Water Quality
LSA will qualitatively evaluate project impacts and respond to the checklist questions related to surface and groundwater water quality; groundwater supply and recharge; drainage patterns; release of pollutants from flooding; and conflicts with water quality control plans or a sustainable groundwater management plan. LSA will evaluate the project’s compliance with current State and local National Pollutant Discharge Elimination System (NPDES) permit and City requirements during construction and operation. The checklist responses will incorporate information on impervious surface area and proposed Best Management Practices (BMPs) provided by the applicant. LSA will utilize existing information and permits related to hydrology and water resources, including information available from the City, State Water Resources Control Board, San Francisco Bay Regional Board, Department of Water Resources, and Federal Emergency Management Agency.

Standard regulatory compliance measures will be identified, as necessary.

2.1.6 Land Use and Planning
This section will discuss the project’s consistency with applicable land use policies and regulations adopted for the purpose of avoiding or mitigating environmental effects. LSA will provide a brief description of existing and approved land uses in the project site vicinity, including land use designations for the site. LSA will briefly summarize applicable land use plans and policies as they relate to the development of the proposed project.

2.1.7 Mineral Resources
This section will confirm that there are no known mineral resources within the project site based on available information and the City’s General Plan.

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The proposed project would result in the introduction of new residential uses to the project site. LSA will evaluate the population and housing impacts associated with the increase in residential units based on current data available from the U.S. Census, Association of Bay Area Governments (ABAG) and the City’s General Plan. This section will also briefly address any indirect changes, which could in turn result in unplanned growth.

2.1.9 Public Services
LSA will describe the existing public services that serve the project area based on information available from relevant service providers including police, fire, school and other services. LSA will work with City planning staff and service providers to determine whether the proposed project would result in new impacts to these services, such that physical environmental impacts could result.

2.1.10 Recreation
A substantial increase in the demand for park and recreational services is not anticipated with development of the proposed project, as the project is expected to provide on‐site open space and recreational amenities consistent with City requirements. LSA will provide brief responses to the checklist questions for this issue topic.

2.1.11 Tribal Cultural Resources
To comply with Assembly Bill 52 requirements and inclusion of tribal cultural resources into the CEQA Environmental Checklist, LSA will prepare a draft notification letter template for the project, which will include a project description and maps of the project site. The City will be responsible for distributing the letters to those Native American tribal groups that have requested to be notified of projects pursuant to Assembly Bill 52. If the City does not maintain a list, LSA will request the Native American contact list from the NAHC. Assembly Bill 52 provides a period of 30 calendar days in which to request consultation. The results of the consultation process will be summarized in the Initial Study checklist for this topic.

2.1.12 Utilities and Service Systems
The LSA team will evaluate the proposed project’s effects on utility and service systems that could result from implementation of the proposed project. LSA will describe the existing utility systems serving the project area and use the information provided by the applicant and City staff to determine if the proposed project would require an expansion of existing infrastructure or facilities.

Utilizing the peer review and review of project plans, our team will identify mitigation requirements related to sewer, storm drain and water supply. This analysis will include relevant information from the Vallejo Water District’s Urban Water Management Plan.

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The Project site is not located within a State Responsibility Area for fire service. Impacts associated with wildfire hazards and implementation of emergency response/evacuation plans are not anticipated; therefore, LSA will provide brief responses to the checklist questions for this topic.

2.1.14 Mandatory Findings of Significance
The Initial Study's environmental checklist will conclude by responding to this series of questions as set forth in Appendix G.

2.2 Screencheck Initial Study
Based on a single set of consolidated and non‐contradictory comments, LSA will amend the Administrative Draft Initial Study and will prepare a Screencheck Draft Initial Study for review by City staff. We have allotted time for responding to changes; however, if this task exceeds the cost allotted in the budget due to changes in the project or requests for additional analysis that are not necessary to prepare a legally‐adequate document, a budget adjustment may be required. The Screencheck Draft Initial Study will be provided for review by City staff in electronic format (Word and PDF files). This draft will retain all City comments and edits made to the Administrative Draft, in order to facilitate City verification that all comments have been addressed.

2.3 Public Review Draft Initial Study
LSA will make any minor necessary revisions to the Printcheck Draft and prepare the public review draft Initial Study. Up to 15 paper copies, 20 CD copies (or flash‐drives) in PDF format, and one electronic version of the document in MS Word and PDF formats will be prepared. Up to three of the paper copies will include the printed appendix materials.

2.4 Notice of Preparation/Scoping Session
Concurrently with preparation of the Initial Study, LSA will prepare a Notice of Preparation (NOP) in accordance with the requirements of CEQA. The NOP will include a project description, location map, and outline of the expected environmental topics to be covered in the EIR. The Initial Study will be circulated with the NOP. LSA will be responsible for electronic submittal of the NOP and Initial Study to the State Clearinghouse. In addition, LSA will work with the City to circulate the NOP to the appropriate local, regional, State, and federal agencies, as well as additional distribution and posting consistent with City practices. Following the 30‐day comment period, LSA will review all comments, distribute comments to members of the LSA team as necessary, and recommend any needed changes to the proposed work program (see Task 1.4).

LSA staff will assist the City in facilitating the public scoping session to receive public comment on the scope of the EIR. As part of this public meeting, it is assumed that LSA will make a short presentation that outlines the project’s environmental review requirements and process. Following the scoping session, LSA will prepare a written summary of environmental issues raised at the session and submit it to City staff for review and comment. The NOP, along with the written comment letters received on the NOP, will be included as an Appendix of the Draft EIR.

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LSA will prepare the following versions of the EIR: an Administrative Draft; a Screencheck Draft, and a Public Review Draft, which will be released for the 45‐day review period. The following discussion summarizes the tasks that LSA will conduct to prepare the EIR.

3.1 Setting and Impacts
The setting and impacts documentation for the issue topic described below will be incorporated into the EIR. This analysis will clearly describe the affected environment and the environmental consequences of implementation of the proposed project. The agreed upon significance thresholds will be clearly stated within the section and will be used to determine impacts. Where relevant, impacts will be separately identified by their occurrence during either the construction or operations periods. Cumulative impacts will also be addressed, and the analysis will, in part, rely on a list of pending projects provided by City staff. Feasible mitigation measures (as well as the residual impacts or effects of each measure) will be identified. LSA will discuss this approach with the City prior to initiating preparation of the EIR.

3.1.1 Biological Resources
The project site is undeveloped and is largely dominated by non‐native annual grassland. One intermittent stream that connects to a seasonal wetland and one linear freshwater marsh are present on the project site. The proposed project would largely avoid sensitive natural communities; however, the seasonal wetland would be converted into a stormwater basin, resulting in a permanent loss of this jurisdictional feature. The site is unlikely to support special‐status plant species; however, five special‐status wildlife species have the potential to occur on the project site, including white‐tailed kite, northern harrier, short‐eared owl, silver‐haired bat, and hoary bat, along with other nesting birds and other roosting bat species. This section of the EIR will reference the Biological Resources Technical Report and Tree Survey prepared by WRA, which would be peer reviewed as a part of Task 1.2. A qualified LSA biologist will also conduct a reconnaissance‐level field survey to assess current biological resources conditions at the project site.

The EIR section will include a description of the existing conditions, a summary of the applicable regulations, and an assessment of potentially significant impacts. The analysis will focus on the potential for significant impacts on special‐status species, sensitive natural communities, sensitive habitats, and/or jurisdictional features (e.g., wetlands or other waters of the United States/State) that may be affected by development of the project. Impacts that are not considered significant will also be described. For all potentially significant impacts, mitigation measures will be developed and assessed for their ability to reduce potential impacts to less‐than‐significant levels.

3.1.2 Transportation
Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition published trip rates show that the proposed 51 dwelling units would be anticipated to generate fewer than 500 daily two‐way trips and would add fewer than 100 peak period two‐way trips to the existing circulation system.

Therefore, according to the City of Vallejo Traffic Impact Analysis/Study Guidelines, the proposed project does not require preparation of a full traffic study. However, to fulfill City review requirements, LSA will prepare a transportation evaluation to be included in the CEQA analysis that

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While the City has not adopted formal guidelines for analysis of vehicle miles traveled, LSA believes that the daily trips generated by the proposed project (i.e., fewer than 500 daily trips) can justify a conclusion of less than significant based on previous analysis LSA has prepared comparing the GHG emissions generated by this level of daily traffic to established thresholds. LSA will provide this analysis directly in the Transportation section.

LSA will address the transportation checklist topics found in Appendix G of the CEQA Guidelines based on the results of the vehicle level of service and vehicle miles traveled analyses (which at this time are anticipated to be less than defined thresholds and less than significant).

3.1.3 Air Quality
LSA will prepare an air quality analysis for the proposed project in response to the CEQA Guidelines and to address applicable regulatory requirements. The air quality analysis will include the following components: (1) an assessment of baseline air quality in the area based on data from the Bay Area Air Quality Management District (BAAQMD) and California Air Resources Board (CARB); (2) a quantitative assessment of project construction and operational impacts using the California Emissions Estimator Model (CalEEMod) and based on the BAAQMD’s thresholds of significance; (3) based on the anticipated construction activity and the proximity of the nearby residential receptors, LSA will prepare a construction health risk assessment (HRA) that will summarize cancer risk, non‐ cancer risk (chronic and acute), and PM2.5 concentrations and will compare the results of the HRA with the BAAQMD’s recommended thresholds; (4) an assessment of potential odor impacts; and (5) recommendation of construction best management practices consistent with the current BAAQMD guidelines. The analysis will be incorporated into the Initial Study checklist and CalEEMod output will be attached in a technical appendix.

3.1.4 Greenhouse Gas Emissions
LSA will provide a qualitative assessment of greenhouse gas emissions associated with all relevant sources related to the project based on the BAAQMD’s CEQA Thresholds for Evaluating the Significance of Climate Impacts. LSA will also provide a qualitative assessment of the project's consistency with relevant plans and regulations, including the City of Vallejo Climate Action Plan.

LSA will also consider any building design features proposed by the applicant that would contribute to a reduction in GHG emissions.

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Utilizing the Noise Impact Analysis, prepared by Urban Crossroads that would be peer reviewed as part of Task 1.2, LSA will prepare the noise section of the EIR, addressing the topics of short‐term construction and long‐term operational noise, as well as potential vibration during project construction. For all potentially significant impacts, mitigation measures will be developed and assessed for their ability to reduce potential impacts to less‐than‐significant levels.

3.1.6 Cultural Resources
To address impacts to cultural resources, LSA will conduct background research and prepare a letter report documenting the findings. The report will be used to prepare the cultural resources section of the EIR.

LSA will conduct a records search for cultural resources through the regional California Cultural Resources Information Center (CHRIS). The objectives of this research will be to (1) establish the status and extent of previously recorded sites, surveys, and excavations in the project area and (2) note what types of resources might be expected to occur within the proposed project based on the existing data from known cultural resources and studies within a 1 ‐mile radius. After receiving the results of the records search, an archaeological field survey of the project area will be conducted to identify evidence of cultural resources – negative results are anticipated.

A report of negative results will be prepared in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. It will include environmental and cultural contexts, methods, results, and recommendations. LSA stipulates response to one round of minor comments from City staff (requiring 8 hours or less). In the event of positive results, more than one round of comments requires response, or substantive issues develop necessitating any unanticipated effort (beyond the scope of work outlined above and/or associated estimate including, but not limited to: protracted coordination with the City or response to comments from entities other than the City, such as a third‐party peer reviewer or tribe are required), a contract amendment (budget modification) will be required and a schedule adjustment may also be necessary.

3.1.7 Aesthetics
Development of the proposed residential development would alter the existing visual conditions at the project site and existing views available from surrounding roadways. Impacts of the proposed project on scenic vistas, scenic resources, views from scenic roadways or other public vantage points, and the visual character of the site and vicinity will be analyzed in this section. New sources of light and glare associated with the project will also be addressed. The impact analysis will use renderings and other design drawings provided by the project team to illustrate and support the discussion of project effects on existing views and view corridors; no visual simulations are currently proposed.

3.2 Alternatives
The LSA team will identify and evaluate up to three alternatives to the proposed project, one of which will be the CEQA‐required No Project alternative. The two other alternatives will be

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According to the CEQA Guidelines, alternatives may be evaluated in less detail than the project; therefore, the alternatives analysis in the EIR will generally be undertaken at a qualitative level.

Alternatives can be a key issue of community concern. Therefore, the discussion will be of sufficient detail to evaluate the benefits and drawbacks of each alternative, and to provide some qualitative conclusions regarding the alternatives. Based on this analysis, the Environmentally Superior Alternative will be identified (as required by CEQA).

3.3 Other CEQA Considerations
LSA will prepare the appropriate conclusions to fulfill CEQA requirements by providing an assessment of several mandatory impact categories, including:
 Growth inducement;
 Significant effects that cannot be avoided if the proposed Project is implemented;  Significant irreversible environmental changes if the proposed Project is implemented; and  Effects found not to be significant.

The Effects Found Not to be Significant discussion will summarize the findings of the Initial Study.

3.4 Mitigation Monitoring and Reporting Program
As part of the Administrative Draft EIR, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) for the project and will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency, subject to approval by City staff. LSA will also work closely with City staff to ensure the program is prepared in a format that will be easy for staff to implement and be tailored to the City's procedures.

3.5 Administrative Draft EIR
The information developed above will be organized into an Administrative Draft EIR. The EIR will include the following components: Title/Cover Page; Table of Contents; Introduction; Executive Summary; Project Description; Setting, Impacts, and Mitigation Measures; Other CEQA Considerations; Alternatives to the Proposed Project; List of Report Preparers; List of Persons and Organizations Contacted; Bibliography; and Technical Appendices (as needed).

The Administrative Draft EIR #1 will be submitted to the City in electronic format (Word and PDF files). LSA will discuss comments on the Administrative Draft EIR with the City over the phone or in person.

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LSA will amend the Administrative Draft EIR based on a single set of consolidated non‐contradictory comments provided by the City. We have allotted time for responding to changes; however, if this task exceeds the cost allotted in the budget due to changes in project description or requests for additional analysis that are not necessary to prepare a legally‐adequate document, a budget adjustment may be required.

The Screencheck Draft EIR will be submitted to the City in electronic format (Word and PDF files).

This draft will retain all City comments and edits made to the Administrative Draft EIR, in order to facilitate City verification that all comments have been addressed.

3.7 Public Review Draft EIR
LSA will make any minor necessary revisions to the Screencheck Draft EIR and prepare the public review Draft EIR. Up to 15 paper copies and 20 CD copies (or flash‐drives) of the document in PDF format will be prepared. Up to three of the paper copies will include the printed appendix materials; the remaining copies would include the appendix materials on a CD affixed to the inside back cover of the document. LSA will prepare a Notice of Completion, in accordance with the CEQA Guidelines, and coordinate with the City to distribute the Draft EIR pursuant to CEQA and City review procedures. LSA will be responsible for electronic submittal of the Public Review Draft EIR to the State Clearinghouse.

TASK 4.0 RESPONSE TO COMMENTS DOCUMENT AND FINAL EIR
After the 45‐day public review period, and prior to hearings for certification of the EIR, LSA will prepare a Response to Comments (RTC) Document. The Draft EIR and the RTC Document together constitute the Final EIR.

4.1 Draft RTC Document Matrix
LSA will develop and submit a matrix of comments received, preliminary thoughts on the response to each comment, and indication where City staff is expected to take the lead on a response.

Standard language for non‐CEQA related comments will also be provided. After submittal of the matrix, LSA will organize and lead a meeting with City staff and members of the LSA team to discuss the matrix. The direction received on the matrix will be reflected in the RTC Document.

4.2 Administrative Draft RTC Document
The LSA team will formulate responses to comments received on the Draft EIR, including written comments received from the public and agencies, and prepare an Administrative Draft RTC Document. Included in this document will be: 1) a list of persons, organizations, and public agencies commenting on the Draft EIR; 2) copies of all written comments, and the responses to these comments; 3) written comments and any verbal comments received at a public hearing and responses to these comments; and 4) any necessary revisions to the Draft EIR. The budget estimate in Table C shows the level of professional effort assumed for this task. Should an unexpectedly large volume of comments be submitted (e.g., an organized letter‐writing campaign by anti‐development

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The Administrative Draft RTC Document will be submitted to the City in electronic format (Word and PDF files) for staff distribution, review and comment. LSA will discuss comments on the Administrative Draft RTC Document with the City over the phone or in person.

4.3 Screencheck Draft RTC Document
Working from a single set of consolidated and non‐contradictory comments, LSA will amend the Administrative Draft RTC Document and prepare a Screencheck version. The Screencheck Draft RTC Document will be submitted to the City in electronic format (Word and PDF files). This version will also include a compare version (if needed) that will show text changes made to the Administrative Draft RTC Document in underline and strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft.

4.4 Final RTC Document
Upon successful completion and approval of the Screencheck RTC Document, LSA will provide up to 15 paper copies of the RTC Document for public distribution and submittal to the City. LSA will provide a PDF version of the Final RTC Document and Draft EIR including all technical appendices.

LSA will provide a draft Notice of Determination (NOD) for the City to file with the County Clerk upon certification of the EIR.

4.5 Findings of Fact and Statement of Overriding Considerations LSA will prepare a draft of the Findings of Fact and a Statement of Overriding Considerations for use by the City, if necessary. The Findings will include the following: a record of proceedings for the City's decision on the Project; a summary description of the project; identification of potentially significant effects of the project which were determined to be mitigated to a less‐than‐significant level; identification of the project's potential environmental effects that were determined not to be significant, and do not require mitigation; cumulative effects; feasibility of project alternatives; and the City's Statement of Overriding Considerations (if significant unavoidable impacts are identified).

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 17 TASK 5.0 PUBLIC HEARINGS AND MEETINGS
LSA's Principal in Charge (Theresa Wallace) and Project Manager (Shanna Guiler) will be available to attend working sessions with Planning staff to gather information, review progress, arrive at a reasonable range of alternatives, review preliminary findings, discuss staff comments, and offer input into discussions on the proposed project. The proposed cost estimate includes attendance by both Theresa and Shanna at the project start‐up meeting (identified under Task 1.1), the scoping session (identified under Task 2.5), and RTC Matrix review meeting (identified under Task 4.1). In addition, we have budgeted (under this task) for attendance at a total of four additional public hearings. Public hearings would include one Draft and one Final EIR hearings before the Planning Commission. The additional two meetings are included in the budget in case one or more hearings is continued or there is an appeal. It is assumed that LSA would attend and present findings related to the environmental review at public hearings before the Planning Commission.

LSA recommends establishment of monthly progress meetings to be attended by LSA, the City’s Project Manager, and other City staff or technical specialists as necessary. It is assumed that these meetings would occur via video or teleconference. For a project duration of approximately 11 months (see Table B, below), it is assumed that up to 9 additional one‐hour meetings (in addition to the kick‐off meeting and RTC Matrix review meeting) would be held over the course of the environmental review process. For all non‐public meetings, LSA will take the lead in scheduling and organizing the meetings, including drafting and circulating an agenda prior to the meeting, and providing a summary of action items after the meeting.

If the project is appealed to the City Council, LSA will attend the hearing, make a short presentation if necessary, and be available to respond to any questions raised by the Council. This task is not included as part of this scope of work but could be provided on a time and materials basis.

TASK 6.0 PROJECT MANAGEMENT
Theresa and Shanna will undertake a variety of general project management tasks throughout the environmental documentation preparation period. Theresa will provide input on the scope, budget, contract negotiations and management, and scheduling of the project, and will be responsible for the overall quality of all work undertaken. She will be available for consultation on CEQA procedural matters as well as application of the CEQA Guidelines to this project.

Shanna will coordinate the day‐to‐day activities associated with the project, including regular client contact, oversight of team members, schedule coordination, and development of products. He will also provide direction to all team members that will ensure an internally‐consistent, coherent document. Theresa and Shanna will review all text, tables, and graphics before these materials are presented to the City as administrative review documents.

LSA will submit via email monthly progress and budget reports that describe the status of project tasks. Any critical path items will be called‐out as such. These reports could be replaced with the monthly team meetings described in Task 5.0.

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The schedule for this scope of work is shown in Table B on the following page. After authorization to proceed, LSA will quickly schedule the start‐up meeting and begin project initiation tasks. This schedule assumes that preparation of the EIR would occur concurrently with preparation of the Initial Study so that the Draft EIR will be published shortly after the close of the NOP comment period.

Based on this schedule, the Initial Study/NOP would be published within 5 months of authorization to proceed and the Draft EIR would be published within 6 months. The Final EIR would be ready for certification within approximately 11 months. This schedule could be adjusted if the City‐reviewed background and technical information to be provided by the Project sponsor is provided earlier than the dates shown.

LSA welcomes the opportunity to strategize with City staff on ways in which successful completion of this assignment could be compressed. We anticipate finalizing the schedule with the City at the project start‐up meeting.

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Milestone Responsible
Party Duration Dates
Authorization to Proceed City – July 1, 2024
Project Kick‐off Meeting City/LSA/Sponsor Week of TBD Draft Project Description and Initiation Tasks LSA 2 weeks July 12, 2024 Review Project Description City/Sponsor 2 weeks July 26, 2024 Finalize Project Description LSA 1 week Aug 2, 2024
Peer Reviews LSA 3 weeks Aug 23, 2024
Provide Final Reports (if necessary) Sponsor 4 weeks Sept 20, 2024 AB 52 Consultation Tasks
Request List of Tribal Contacts from NAHC LSA 1 week July 8, 2024 Provide List of Tribal Contacts NAHC 6 weeks Aug 19, 2024 Send AB 52 Consultation Invitation Letters to Tribal Representatives City/LSA 1 week Aug 26, 2024 Tribal Consultation (if needed) City/LSA 8 weeks Oct 7, 2024 Prepare Administrative Draft Initial Study LSA 6 weeks Sept 13, 2024 Review Administrative Draft Initial Study City 4 weeks Oct 11, 2024 Prepare Screencheck Draft Initial Study and Draft NOP LSA 2 weeks Oct 25, 2024 Review Screencheck Draft Initial Study and Draft NOP City 2 weeks Nov 8, 2024 Prepare and Publish Public Review Draft Initial Study and NOP LSA/City 1 week Nov 15, 2024 Scoping Meeting LSA/City – TBD
Close of Notice of Preparation Comment Period – 30 days Dec 16, 2024 Prepare Administrative Draft EIR LSA 10 weeks Oct 11, 2024 Review Administrative Draft EIR City 4 weeks Nov 8, 2024 Prepare Screencheck Draft EIR LSA 2 weeks Nov 22, 2024 Review Screencheck Draft EIR City 2 weeks Dec 6, 2024 Prepare and Publish Draft EIR LSA 2 weeks Dec 20, 2024 Draft EIR Hearing City/LSA – TBD
Close of Public Review Period – 45 days Feb 3, 2025
Prepare RTC Document Outline/Matrix LSA 2 weeks Feb 17, 2025 Review RTC Document Outline and Meet to Discuss City 1 week Feb 24, 2025 Prepare Administrative RTC Document LSA 2 weeks Mar 10, 2025 Review Administrative RTC Document City 4 weeks Apr 7, 2025 Prepare Screencheck RTC Document and Findings LSA 1 week Apr 14, 2025 Review Screencheck RTC Document and Findings City 2 weeks Apr 28, 2025 Prepare and Reproduce Final RTC Document and Findings LSA 1 week May 5, 2025 Hearings on EIR Certification and Project Approval City/LSA 10 days TBD a Some dates may need to be revised to accommodate holidays and/or City VTO days.

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For completion of the proposed scope of services within the schedule set forth in this proposal, the LSA team has provided a preliminary cost estimate in the form of a spreadsheet that details tasks by assigned personnel (See Table C).

The estimated cost of the LSA team’s labor and direct expenses $164,810. LSA also includes a 5 percent contingency in the amount of $8,240 (based on the Initial Study and EIR cost estimate) to allow LSA to quickly address any changes in the scope of work without the need to amend the contract agreement. Use of contingency funds would only occur upon advance written authorization by an authorized City representative. Including the contingency funds, the total contract amount would be $173,050.

As you review the proposal and compare the work scope with the line item budget, if you find that there are ways of economizing or believe that expansions are needed, we would be glad to discuss suggestions for modifying both scope and budget.
20241051.P LSA
City of Vallejo
Vista Cove Project
4/26/2024
Escalation 5%
% in Year
100% Year 1 $315 $215 $135 $265 $230 $185 $140 $245 $195 $250 $160 $110 $260 $145 $175 $140 100% Weighted Average $315 $215 $135 $265 $230 $185 $140 $245 $195 $250 $160 $110 $260 $145 $175 $140 Phase 01 Project Initiation

1.1 Start-Up Meeting/Site Visit 1.00 4.00 5.00 $1,175.00

1.2 Data Gathering, Evaluation, Peer Review 1.00 4.00 12.00 18.00 $3,355.00

1.3 Project Description 2.00 4.00 10.00 2.00 6.00 24.00 $4,030.00

1.4 Work Program Refinement 1.00 1.00 $315.00

4.00 9.00 14.00 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 2.00 6.00 48.00 $8,875.00 Phase 02 Initial Study

2.1 Administrative Draft Initial Study 12.00 6.00 4.00 16.00 38.00 $8,010.00

2.1.1 Agricultural and Forestry Resources 1.00 1.00 $135.00

2.1.2 Energy 1.00 1.00 4.00 6.00 $1,235.00

2.1.3 Geology and Soils 4.00 4.00 $540.00

2.1.4 Hazards and Hazardous Materials 6.00 6.00 $810.00

2.1.5 Hydrology and Water Quality 8.00 8.00 $1,080.00

2.1.6 Land Use and Planning 1.00 1.00 $135.00

2.1.7 Mineral Resources 1.00 1.00 $135.00

2.1.8 Population and Housing 2.00 2.00 $270.00

2.1.9 Public Services 2.00 2.00 $270.00

2.1.10 Recreation 1.00 1.00 $135.00

2.1.11 Tribal Cultural Resources/AB 52 Consultation 1.00 2.00 2.00 16.00 21.00 $2,775.00

2.1.12 Utilities and Service Systems 4.00 4.00 $540.00

2.1.13 Wildfire 1.00 1.00 $135.00

2.1.14 Mandatory Findings of Significance 1.00 1.00 $135.00

2.2 Screencheck Draft Initial Study 4.00 4.00 6.00 6.00 20.00 $3,770.00

2.3 Public Review Draft Initial Study 2.00 4.00 4.00 2.00 4.00 16.00 $2,940.00

2.4 NOP and Scoping Session 6.00 6.00 6.00 18.00 $3,990.00

25.00 22.00 50.00 1.00 1.00 4.00 0.00 0.00 0.00 0.00 0.00 16.00 0.00 0.00 6.00 26.00 151.00 $27,040.00 Phase 03 Environmental Impact Report

3.1 Setting and Impacts 2.00 2.00 $270.00

3.1.1 Biological Resources 2.00 4.00 16.00 24.00 4.00 6.00 56.00 $9,870.00

3.1.2 Transportation 2.00 4.00 2.00 16.00 50.00 4.00 4.00 82.00 $14,430.00

3.1.3 Air Quality 2.00 4.00 2.00 2.00 4.00 36.00 16.00 6.00 72.00 $12,950.00

3.1.4 Greenhouse Gas Emissions 2.00 4.00 2.00 2.00 4.00 32.00 6.00 52.00 $9,970.00

3.1.5 Noise 2.00 4.00 12.00 12.00 2.00 6.00 38.00 $7,240.00

3.1.6 Cultural Resources 2.00 4.00 2.00 1.00 32.00 12.00 1.00 2.00 56.00 $8,905.00

3.1.7 Aesthetics 2.00 6.00 12.00 8.00 4.00 32.00 $5,500.00

3.2 Alternatives 4.00 8.00 8.00 1.00 1.00 22.00 $4,375.00

3.3 Other CEQA Considerations 1.00 1.00 4.00 6.00 $1,070.00

3.4 Mitigation Monitoring and Reporting Program 1.00 1.00 2.00 2.00 6.00 $1,080.00

3.5 Administrative Draft EIR 8.00 8.00 6.00 2.00 6.00 30.00 $6,240.00

3.6 Screencheck Draft EIR 2.00 4.00 4.00 4.00 14.00 $2,590.00

3.7 Public Review Draft EIR 2.00 4.00 2.00 4.00 4.00 16.00 $3,020.00

32.00 56.00 76.00 4.00 8.00 68.00 16.00 12.00 24.00 1.00 32.00 12.00 16.00 50.00 26.00 51.00 484.00 $87,510.00 Phase 04 Response to Comments Document

4.1 Draft RTC Document Matrix 2.00 2.00 4.00 8.00 $1,600.00

4.2 Administrative Draft RTC Document 4.00 4.00 6.00 14.00 $2,930.00

4.3 Screencheck Draft RTC Document 2.00 4.00 6.00 $1,490.00

4.4 Final RTC Document 1.00 2.00 3.00 $745.00

4.5 Findings of Fact and Statement of Overriding Considerations 2.00 4.00 16.00 22.00 $3,650.00

11.00 16.00 26.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53.00 $10,415.00 Phase 05 Public Hearings and Meetings

5.1 Public Hearings (assumes 4 hearings) 16.00 21.00 21.00 58.00 $12,390.00

5.2 Meetings (assumes 9 additional team meetings) 4.00 12.00 12.00 28.00 $5,460.00

20.00 33.00 33.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 86.00 $17,850.00 Phase 06 Project Management

6.1 Project Management 6.00 18.00 8.00 32.00 $6,840.00

6.00 18.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32.00 $6,840.00

98.00 154.00 207.00 5.00 9.00 72.00 16.00 12.00 36.00 1.00 32.00 28.00 16.00 50.00 34.00 83.00 854.00 $158,530.00 (1) Baseline $4,103.00
$4,103.00
Records Search $935.00
Reproduction $480.00
Mileage $440.00
Tolls $47.00
Traffic Counts $275.00
$2,177.00
$164,810.00
Contingency
5% $8,240.00
Total with Contingency $173,050.00
Principal - Transportation
(Black)
Transportation Engineer
(Staff)
GIS/Graphics
(Staff)
Phase 01 Project Initiation Subtotal
Subtotal Labor
Subtotal Reimbursable Expenses
Sub Consultants (each Sub Consultant will be a separate Phase) Subtotal Sub Consultants
Reimbursable Expenses
Total
Cultural Resources Specialist
(Kolar)
Associate - Cultural Resources
(Goodwin)
Principal - Cultural Resources
(Sample)
Principal in Charge
(Wallace)
Project Manager
(Guiler)
Environmental Planner
Principal - Air Quality/GHG
(Fischer)
Associate - Air Quality/GHG
Director
(Coria)
Associate - Air Quality/GHG
(Cunningham)
Air Quality Specialist
(Villavazo)
Principal - Noise
(Stephens)
Associate Biologist
(Sidle) Total LSA Fees
Phase 05 Public Hearings and Meetings Subtotal
Document Management
(Staff)
Total LSA Hours
Phase 06 Project Management Subtotal
Phase 02 Initial Study Subtotal
Phase 03 Environmental Impact Report Subtotal
Phase 04 Response to Comments Document Subtotal

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As prime consultant, LSA will manage the contract for the environmental review process, be responsible for the accuracy and quality of all technical documentation and represent the team at all public hearings. This section presents brief firm descriptions and key personnel qualifications.

PROJECT TEAM
LSA provides multi‐disciplinary land use and environmental planning services. As planners and environmental analysts, we are active in all aspects of community development, land use planning, and public involvement. As technical specialists, we provide expertise in transportation, air quality, greenhouse gas emissions, noise, biological resources, and cultural resources. Environmental analysis has been the cornerstone of LSA’s professional practice since our founding in 1976 and continues as one of the firm’s key practice areas. Our under‐standing of both development planning and the public interest results in realistic and fair recommendations. We offer efficient and responsive support to State, regional, and local government, private sector, and institutional clients.

LSA will manage the environmental review from our Pt. Richmond office and draw upon firm‐wide staff resources to conduct the technical analyses.

Effective project management is critical to the success of environmental analysis, especially for complex projects. Theresa Wallace, Principal, and Shanna Guiler, Project Manager, will undertake a variety of general project management tasks throughout the environmental documentation period.

Shanna will be in charge of day‐to‐day activities associated with the Project. Project management tasks include regular client contact; contract negotiation and management; oversight of team members; schedule coordination; and development of products. Theresa and Shanna will provide direction to all team members that will ensure an internally‐consistent, coherent document and will also review all text, tables, and graphics before these materials are presented to the City of Vallejo as administrative review documents. Theresa will also provide input on scope, budget, and scheduling of the Project, and quality assurance for all work undertaken. She will strategize and work with Shanna to craft the project description on which the environmental analysis will be based and will advise on CEQA procedural matters as well as application of the CEQA Guidelines to this project. Qualifications for key team members are provided below and resumes are included as an attachment.

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Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24) 23 Ms. Wallace is our designated Principal in Charge. Ms. Wallace is a seasoned planner and project manager with 20 years of experience in preparing a variety of environmental documents including CEQA initial studies/ mitigated negative declaration and environmental impact reports; and NEPA technical studies, environmental assessments, and environmental impact statements. Ms. Wallace’s experience encompasses a wide array of public‐ and private‐sector projects, including a number of residential, commercial, office, institutional, and mixed‐use projects; as well as public park master plans and facilities and bicycle/pedestrian paths. She is adept at managing multi‐disciplinary teams and helping agencies navigate complex environmental review processes. She has managed the environmental review for a number of large‐scale, high‐profile projects throughout the Bay Area.

As a Principal in Charge, Ms. Wallace provides quality assurance for all text, tables, and graphics, and regularly attends public hearings to present the document and respond to questions. Ms. Wallace is experienced in managing and preparing the environmental documentation for a range of public and private development and redevelopment projects, on both urban infill and greenfield sites. Ms.

Wallace is currently serving as the Principal in Charge for the 5180 Sonoma Boulevard IS/MND and will serve as the Principal in Charge for the Panda Express Categorical Exemption (CE).

Shanna Guiler, Project Manager/Associate Environmental Planner, will be responsible for day‐to‐day coordination of the environmental review, including regular contact with the City and coordination of the in‐house specialists. She is experienced in managing multi‐ disciplinary teams for a range of projects, including parks and open space areas, roads, bridges, trails, and infrastructure projects. Ms. Guiler is skilled at evaluating complex projects and preparing user‐friendly planning documents that incorporate reliable technical data and sound environmental analysis. Her experience includes impact analysis, environmental documentation for project compliance under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), and permit processing for federal, state, and local public agencies as well as private developers. Ms. Guiler served as the Project Manager for the 5180 Sonoma Boulevard IS/MND and is currently serving as the Project Manager for the Silver Oaks Estates EIR and the Oakhurst Townhomes IS/MND for the City of Clayton and the Dublin 580 Fallon Project CEQA Addendum for the City of Dublin.

Theresa Wallace, AICP, Principal Years of Experience: 20 Education: B.A., Environmental Studies, University of California, Santa Cruz Certification: American Institute of Certified Planners (AICP) Shanna Guiler, AICP, Associate Environmental Planner Years of Experience: 22 Education: M.U.E.P. Urban and Environmental Planning, University of Virginia, Charlottesville, 2002 B.A., Physics, University of California, Los Angeles, 1993 Certification: American Institute of Certified Planners (AICP)

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V ISTA C OVE P LANNED D EVELOPMENT P ROJECT
V ALLEJO , CA

Z:\01‐Proposals\01‐Proposals by Year\2024\06 ‐ Point Richmond\20241051.P CYV Shady Lane Condos\Vista Cove Project CEQA Proposal_042624.docx (04/26/24)
A‐1
APPENDIX A

RESUMES

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THERESA WALLACE, AICP

PRINCIPAL

PROFESSIONAL RESPONSIBILITIES
Ms. Wallace has 19 years of experience in managing and preparing a variety of environmental documents including CEQA Initial Studies/Mitigated Negative Declarations and Environmental Impact Reports and NEPA technical studies, Environmental Assessments, and Environmental Impact Statements.

Ms. Wallace serves as both Principal in Charge and Project Manager for the environmental documentation of diverse public and private development and redevelopment projects on both urban infill and greenfield sites. Current and recent projects include a number of residential, commercial, office, research and development/life sciences, institutional, and mixed‐use projects as well as public park master plans and facilities; roadway expansions and bridge construction; and bicycle and pedestrian paths and trails.

As Principal in Charge, Ms. Wallace oversees on‐call environmental services contracts involving multiple assignments, as well as individual CEQA contracts. She establishes working relationships with local agency representatives; interfaces with clients and project teams; and makes presentations at community meetings and public hearings.

She is ultimately responsible for ensuring that LSA’s products are completed to the highest quality standard and meet the requirements of the client. Her direction to environmental team members aims to ensure an internally consistent, coherent document that fulfills all CEQA requirements.

As the Environmental Planning Discipline Lead at LSA, Ms. Wallace directs marketing efforts in the areas of environment and land use and supervises the environmental planning group on a companywide basis, including overseeing performance, workload distribution, and staffing.

PROJECT EXPERIENCE
Ms. Wallace is currently the Principal/Project Manager for the Sierra Point Towers Project EIR in the City of Brisbane, the 2 Davis Drive Office/R&D Project EIR for the City of Belmont, and the Northgate Mall Redevelopment Project EIR in the City of San Rafael. She also recently served as the Project Manager for the 388 Vintage Park Drive Project EIR for the City of Foster City and the 1200 Van Ness Avenue Project IS/MND for the City and County of San Francisco. She managed or oversaw preparation of four recent Focused EIRs in the Bayfront Area of Menlo Park. All of these projects include the redevelopment of underutilized blocks of industrial and commercial sites with a mix of residential, office, research and development, and/or commercial uses.

At present, Ms. Wallace is also serving as Principal in Charge of on‐call environmental services contracts for the cities of Redwood City, Concord, San Ramon, Dublin, Berkeley, Milpitas, El Cerrito, and Hayward, to name a few. She is also the main point of contact for the City and County of San Francisco, City of Oakland, and City of San Jose prequalified CEQA consultants lists. The projects she is overseeing for these jurisdictions involve mixed‐use, residential, office, and industrial uses.

Ms. Wallace has also managed or participated in the environmental review for public and private K–12 school projects, as well as those for colleges and campus master plans for institutional uses. Ms. Wallace was continually involved with

EXPERTISE
 CEQA/NEPA Project Management
 Environmental Planning and
Impact Analysis
 Land Use Planning

EDUCATION
B.A., Environmental Studies,
University of California,
Santa Cruz, 2002
PROFESSIONAL EXPERIENCE
Principal, LSA,
Point Richmond, California,
June 2005–Present
Environmental Planner, Nichols‐
Berman, Benicia, California,
January 2005–June 2005
Environmental Analyst, Russell
Associates, Palo Alto, California,
October 2003–May 2005

PROFESSIONAL

CERTIFICATIONS
American Institute of Certified
Planners (AICP)

PROFESSIONAL

AFFILIATIONS/ACTIVITIES
American Planning Association
(APA)
Association of Environmental
Professionals (AEP), SF Bay
Chapter Board Secretary, 2022‐
Present

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the California State University Maritime Academy from 2010 through 2018, processing CEQA projects under the 2002 Master Plan, and as the Project Manager for the 2016 Master Plan EIR.

The following is a selected list of recently completed relevant projects as Principal in Charge or Project Manager:
 Kent General Plan Amendment IS/MND for the City of Dublin  Inspiration Drive Memory Care and Assisted Living Facility Project Supplemental IS/MND for the City of Dublin  State Route 238 Development Project for the City of Hayward  theLAB IS/MND for the City of Berkeley
 600 Addison Street Project IS/MND for the City of Berkeley  1900 Fourth Street Project EIR for the City of Berkeley  111 Independence Drive Project EIR for the City of Menlo Park  Menlo Uptown Project EIR for the City of Menlo Park
 Menlo Portal Project EIR for the City of Menlo Park
 Menlo Flats Project EIR for the City of Menlo Park
 388 Vintage Park Drive Project EIR for the City of Foster City  1200 Van Ness Project IS/MND for Reuben, Junius, and Rose/City and County of San Francisco  3000–3500 Marina Boulevard Life Sciences Project for the City of Brisbane  San Bruno Recreation and Aquatic Center Project EIR for Group 4 Architecture/City of San Bruno  Children’s Hospital and Research Center Oakland EIR for the City of Oakland  California Maritime Academy Master Plan EIR for the California State University  California Maritime Academy Police Building IS/MND for the California State University  California Maritime Academy Physical Education and Pool Facility IS/MND for the California State University  California Maritime Academy Master Plan EIR Addendum for the Dining Center Replacement Project for the California State University
 Deer Valley Estates Project Focused EIR for the City of Antioch  1548 Maple Street Project EIR for the City of Redwood City  1724 Sunnyhills Residential Project IS/MND for the City of Milpitas  Clayton Road Townhomes Project Environmental Documentation for the City of Concord  Pulte Homes Residential Project for the City of Union City  Rocketship Redwood City Charter School IS/MND for the City of Redwood City  2201 Dwight Way Project EIR for the City of Berkeley
 598 Brannan Street Initial Study and Focused EIR for Tishman Speyer/City and County of San Francisco  500 Turk Focused EIR for the Tenderloin Neighborhood Development Corporation/City and County of San Francisco  1601 Mariposa Street Mixed Use Project EIR for Related California/City and County of San Francisco  Fifth and Mission (5M) Project EIR for Forest City/City and County of San Francisco  Lakehouse Commons CEQA for UrbanCore‐Integral LLC/City of Oakland  Downtown Family Development Project CEQA/NEPA Documentation for the City of Mountain View  Napa County Health and Human Services Agency Campus Focused EIR and Initial Study for the County of Napa

SHANNA K. GUILER, AICP

ASSOCIATE / SENIOR ENVIRONMENTAL PLANNER

1 PROFESSIONAL RESPONSIBILITIES
Ms. Guiler is an urban and environmental planner with over 20 years of experience in environmental analysis, parks and open space planning, resource management, and multi‐modal transportation planning. She is experienced in managing multi‐disciplinary teams for a range of projects, including roads, bridges, trails, and infrastructure projects. Ms. Guiler is skilled at evaluating complex projects and preparing user‐friendly planning documents that incorporate reliable technical data and sound environmental analysis. Her experience includes impact analysis, environmental documentation for project compliance under both CEQA and NEPA, and permit processing for federal, State, and local public agencies as well as private developers.

PROJECT EXPERIENCE
City of Vallejo, 5180 Sonoma Boulevard Residential Development Project Vallejo, California
Ms. Guiler is currently serving as Project Manager for this project that would involve the demolition of the existing, vacant “big box” retail store on the project site and the construction of 11 multi‐family residential buildings containing 429 dwelling units at 5180 Sonoma Boulevard in the City of Vallejo.

She is overseeing preparation of an IS/MND to evaluate the environmental impacts of the proposed project. Key issues addressed in the IS/MND include greenhouse gas emissions, water supply, wastewater treatment, and construction impacts.

City of Clayton, Silver Oaks Estates Residential Development Project Clayton, California
Ms. Guiler is currently serving as Project Manager for this project that would include the development of 32 single‐family residential units on an approximately 14‐acre site She is overseeing preparation of an IS/MND to evaluate the environmental impacts of the proposed project. Key issues addressed in the IS/MND include biological resources, VMT, cultural resources, and construction impacts related to air quality and noise.

City of Hercules, Hilltown Residential Development Project Hercules, California
Ms. Guiler served as Project Manager for this project and prepared an Addendum to the Hercules Updated 2009 Redevelopment Plan Final Environmental Impact Report for development of multi‐family residential units, commercial use, designated open space, new public streets, and infrastructure improvements on approximately 44 acres of land in the City of Hercules. Key environmental issues assessed in the Addendum include scenic resources, visual quality/character, air quality, biological resources, population and housing, water quality and drainage, wetlands, safety and traffic circulation.

City of Dublin On-Call Environmental Services Contract
Dublin, California
Ms. Guiler is currently serving as the Project Manager for the on‐call environmental services contract with the City of Dublin. Under this contract, Ms. Guiler recently completed an IS/MND for the Kent General Plan Amendment and Rezoning Project, to evaluate the potential changes in use that could occur under the new land

EXPERTISE
 Parks, Recreation, and Open
Space Planning
 Site Assessment and Use
Feasibility
 Environmental Planning and
Analysis
 Community Assessment/Public
Involvement
 Multi‐Modal Transportation
Planning

EDUCATION
M.U.E.P., Urban and
Environmental Planning,
University of Virginia,
Charlottesville, 2002
B.A., Physics, University of
California, Los Angeles, 1993

PROFESSIONAL

EXPERIENCE
Associate/Senior Planner, LSA,
Point Richmond, California,
2003–Present
Assistant Project Manager,
LSA, Point Richmond,
California, May 2002–2003

PROFESSIONAL

CERTIFICATIONS/

REGISTRATIONS
American Institute of Certified
Planners (AICP)

SHANNA K. GUILER, AICP

ASSOCIATE / SENIOR ENVIRONMENTAL PLANNER

2 use designation and zoning, including any increase in the intensity of allowable uses on the site. She is currently working on a Supplemental IS/MND for the Inspiration Drive Memory Care and Assisted Living Facility Project to evaluate the potential environmental impacts associated with development of a 55‐bed Memory Care Facility and a 90‐bed Assisted Living Facility on two parcels adjacent to the Valley Christian Center (VCC). The Supplemental IS/MND will compare the previous project with the currently proposed project to identify new or substantially more severe impacts from the proposed project than those analyzed in the VCC EIR. It also determines if other standards requiring further environmental review under CEQA are met. She is currently managing the environmental documentation for two industrial and residential development projects in Eastern Dublin, using the prior environmental review documents, including the East Dublin Specific Plan EIR, to streamline the CEQA process.

City of Richmond, On-Call Environmental Services
Richmond, California
Under LSA’s on‐call environmental services contract with the City of Richmond, Ms. Guiler has been responsible for several CEQA assignments, including:
 Richmond Beverage Plant Sewer Replacement Project. Served as Project Manager for this project and oversaw preparation of technical studies for biological and cultural resources to support the findings for a Categorical Exemption under CEQA for the proposed sewer replacement project.  205 Cutting Boulevard/Self‐Storage Project. Served as Project Manager for this project and prepared a memorandum in support of a Categorical Exemption under Section 15332 of the CEQA Guidelines (In‐Fill Development Project) for the proposed Barnof Holdings Self‐Storage Facility.  1 West Barrett Project. Served as Project Manager for this project and prepared an IS/MND for the renovation of a vacant property formerly used for a steel processing and distribution business.

Environmental concerns included impacts to water quality and hazards and hazardous materials due to the site’s former industrial use and past remediation activities that have taken place at the site.  Making Waves Academy Hilltop Sports Facility. Served as Project Manager for this project and managed the preparation of an IS/MND for development of a new sports facility to serve the existing charter school.

Key environmental issues assessed included air quality, greenhouse gas emissions, noise, cultural resources, biological resources, hazards, transportation and circulation, and utilities and service systems.  13th Street Complete Streets Project. Prepared a memorandum in support of a Categorical Exemption for proposed streetscape and infrastructure improvements along 13th Street. Key issues evaluated in the memorandum included tree removal, cultural resources impacts, and temporary construction impacts.

City of Concord, Clayton Road Townhomes Environmental Checklist Concord, California
Ms. Guiler served as Environmental Planner for this project and prepared the non‐technical sections of the Infill Environmental Checklist pursuant to Section 15183.3 and Appendix M of the CEQA Guidelines for development of 70 residential townhouse units on 3.86 acres. The majority of the site was occupied by storage uses and surrounded by primarily single‐family homes with the exception of some small commercial parcels and the El Monte Elementary School located near the southern boundary of the property.

City of Hayward, State Route 238 Development Project
Hayward, California
Ms. Guiler served as Project Manager for this project to develop several parcel groups along the former Route 238 freeway alignment (Parcel Groups 5, 6, 7, 8, and 9), which the City acquired from Caltrans. She assisted in the preparation of the environmental constraints analysis to inform the site planning and design process and prepared Addendums to the City of Hayward 2040 General Plan EIR for Parcel Groups 5, 6, and 9. Key environmental issues assessed in each Addendum included tree removal, impacts to riparian vegetation, presence of special‐status species, geologic hazards, hazardous materials, visual resources, traffic impacts, and construction‐related air quality and noise.

V ISTA C OVE P LANNED D EVELOPMENT P ROJECT
V ALLEJO , CA
R EVISED P ROPOSAL FOR S ERVICES
A PRIL 2024

The estimated cost of the LSA team’s labor and direct expenses $1 64,810. LSA also includes a 5 percent contingency in the amount of $8,240 (based on the Initial Study and EIR cost estimate) to allow LSA to quickly address any changes in the scope of work without the need to amend the contract agreement. Use of contingency funds would only occur upon advance written authorization by an authorized City repr
esentative. Including the contingency funds, the total contract amount would be $173,050.

Exhibit B
20241051.P LSA
City of Vallejo
Vista Cove Project
4/26/2024
Escalation 5%
% in Year
100% Year 1 $315 $215 $135 $265 $230 $185 $140 $245 $195 $250 $160 $110 $260 $145 $175 $140 100% Weighted Average $315 $215 $135 $265 $230 $185 $140 $245 $195 $250 $160 $110 $260 $145 $175 $140 Phase 01 Project Initiation

1.1 Start-Up Meeting/Site Visit 1.00 4.00 5.00 $1,175.00

1.2 Data Gathering, Evaluation, Peer Review 1.00 4.00 12.00 18.00 $3,355.00

1.3 Project Description 2.00 4.00 10.00 2.00 6.00 24.00 $4,030.00

1.4 Work Program Refinement 1.00 1.00 $315.00

4.00 9.00 14.00 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 2.00 6.00 48.00 $8,875.00 Phase 02 Initial Study

2.1 Administrative Draft Initial Study 12.00 6.00 4.00 16.00 38.00 $8,010.00

2.1.1 Agricultural and Forestry Resources 1.00 1.00 $135.00

2.1.2 Energy 1.00 1.00 4.00 6.00 $1,235.00

2.1.3 Geology and Soils 4.00 4.00 $540.00

2.1.4 Hazards and Hazardous Materials 6.00 6.00 $810.00

2.1.5 Hydrology and Water Quality 8.00 8.00 $1,080.00

2.1.6 Land Use and Planning 1.00 1.00 $135.00

2.1.7 Mineral Resources 1.00 1.00 $135.00

2.1.8 Population and Housing 2.00 2.00 $270.00

2.1.9 Public Services 2.00 2.00 $270.00

2.1.10 Recreation 1.00 1.00 $135.00

2.1.11 Tribal Cultural Resources/AB 52 Consultation 1.00 2.00 2.00 16.00 21.00 $2,775.00

2.1.12 Utilities and Service Systems 4.00 4.00 $540.00

2.1.13 Wildfire 1.00 1.00 $135.00

2.1.14 Mandatory Findings of Significance 1.00 1.00 $135.00

2.2 Screencheck Draft Initial Study 4.00 4.00 6.00 6.00 20.00 $3,770.00

2.3 Public Review Draft Initial Study 2.00 4.00 4.00 2.00 4.00 16.00 $2,940.00

2.4 NOP and Scoping Session 6.00 6.00 6.00 18.00 $3,990.00

25.00 22.00 50.00 1.00 1.00 4.00 0.00 0.00 0.00 0.00 0.00 16.00 0.00 0.00 6.00 26.00 151.00 $27,040.00 Phase 03 Environmental Impact Report

3.1 Setting and Impacts 2.00 2.00 $270.00

3.1.1 Biological Resources 2.00 4.00 16.00 24.00 4.00 6.00 56.00 $9,870.00

3.1.2 Transportation 2.00 4.00 2.00 16.00 50.00 4.00 4.00 82.00 $14,430.00

3.1.3 Air Quality 2.00 4.00 2.00 2.00 4.00 36.00 16.00 6.00 72.00 $12,950.00

3.1.4 Greenhouse Gas Emissions 2.00 4.00 2.00 2.00 4.00 32.00 6.00 52.00 $9,970.00

3.1.5 Noise 2.00 4.00 12.00 12.00 2.00 6.00 38.00 $7,240.00

3.1.6 Cultural Resources 2.00 4.00 2.00 1.00 32.00 12.00 1.00 2.00 56.00 $8,905.00

3.1.7 Aesthetics 2.00 6.00 12.00 8.00 4.00 32.00 $5,500.00

3.2 Alternatives 4.00 8.00 8.00 1.00 1.00 22.00 $4,375.00

3.3 Other CEQA Considerations 1.00 1.00 4.00 6.00 $1,070.00

3.4 Mitigation Monitoring and Reporting Program 1.00 1.00 2.00 2.00 6.00 $1,080.00

3.5 Administrative Draft EIR 8.00 8.00 6.00 2.00 6.00 30.00 $6,240.00

3.6 Screencheck Draft EIR 2.00 4.00 4.00 4.00 14.00 $2,590.00

3.7 Public Review Draft EIR 2.00 4.00 2.00 4.00 4.00 16.00 $3,020.00

32.00 56.00 76.00 4.00 8.00 68.00 16.00 12.00 24.00 1.00 32.00 12.00 16.00 50.00 26.00 51.00 484.00 $87,510.00 Phase 04 Response to Comments Document

4.1 Draft RTC Document Matrix 2.00 2.00 4.00 8.00 $1,600.00

4.2 Administrative Draft RTC Document 4.00 4.00 6.00 14.00 $2,930.00

4.3 Screencheck Draft RTC Document 2.00 4.00 6.00 $1,490.00

4.4 Final RTC Document 1.00 2.00 3.00 $745.00

4.5 Findings of Fact and Statement of Overriding Considerations 2.00 4.00 16.00 22.00 $3,650.00

11.00 16.00 26.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53.00 $10,415.00 Phase 05 Public Hearings and Meetings

5.1 Public Hearings (assumes 4 hearings) 16.00 21.00 21.00 58.00 $12,390.00

5.2 Meetings (assumes 9 additional team meetings) 4.00 12.00 12.00 28.00 $5,460.00

20.00 33.00 33.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 86.00 $17,850.00 Phase 06 Project Management

6.1 Project Management 6.00 18.00 8.00 32.00 $6,840.00

6.00 18.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32.00 $6,840.00

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):(A/C, No, Ext):(A/C, No, Ext):(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) (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)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)(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)(Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

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

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

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
777 S. Figueroa Street, 52nd Fl.

CA License #0F15767
Los Angeles CA 90017
(213) 689-0065
LSA Associates, Inc.
3210 El Camino Real, Ste. 100
Irvine CA 92602
LSAAS01
American Guarantee and Liab. Ins. Co. 26247
American Zurich Insurance CompanyAmerican Zurich Insurance Company 40142 Tokio Marine Specialty Insurance CompanyTokio Marine Specialty Insurance Company 23850 X
X
X Cont. Liab. Incl.
1,000,0001,000,000
300,000300,000
5,0005,000
1,000,0001,000,000
2,000,0002,000,000
2,000,0002,000,000
X
1,000,0001,000,000

XXXXXXX

XXXXXXX
Comp./Coll. DedComp./Coll. Ded 1,000
X X 5,000,0005,000,000
5,000,0005,000,000

XXXXXXX
N
X
1,000,0001,000,000
1,000,0001,000,000
1,000,0001,000,000
Contractors Pollution &
Professional Liab.
$2M occ/$4M agg, Retro date:$2M occ/$4M agg, Retro date:
6/4/1976, $50,000 ded.6/4/1976, $50,000 ded.

B CPO 4289165 - 00 9/30/2023 9/30/2024
A CPO 4289165 - 00 9/30/2023 9/30/2024
C PPK2608629-000 9/30/2023 9/30/2024
B AUC 4289164 - 00 9/30/2023 9/30/2024
A WC 5665125 - 00 9/30/2023 9/30/2024
9/30/2024
1492002
Y Y
Y Y
Y Y
Y
9/27/2023
N N
17531933
17531933 XXXXXXX
The City of Vallejo
Attn: Jomari Peterson
555 Santa Clara Street
V allejo CA 94590-0000
RE: CYV1802, On-Call Planning Services. The City of Vallejo, its officers, officials, employees, agents and volunteers are included as additional insured as respects to General Liability per attached endorsements. Primary and Non Contributory Wording applies per attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation per attached endorsement. Cancellation provisions apply per the attached.

X
See Attachments
Exhibit C
Policy Number: CPO 4289165 - 00
(2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).

E.E. Additional Insureds –Lessees of Premises

1.1. Section II –Who Is An Insured is amended to include as an additional insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee.

However, the insurance afforded to such additional insured:
a.a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and
c. Ends when the person or organization ceases to lease or rent premises from you.

2.2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III –Limits Of Insurance :

The most we will pay on behalf of the additional insured is the amount of insurance:
a.a. Required by the written contract or written agreement referenced in Subparagraph E.1. of this endorsement; oror
b.b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

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

F.F. Additional Insured –Vendors

1.1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products-completed operations hazard":

Section II –Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph F.F. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business.

However, the insurance afforded to such vendor:
a.a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor.

2.2. With respect to the insurance afforded to these vendors, the following additional exclusions apply:
a. The insurance afforded the vendor does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
U-GL-2219-A CW (08/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 1212 Attachment Code: D590974 Master ID: 1492002, Certificate ID: 17531933 Policy Number: CPO 4289165 - 00
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
b.b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c.c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part.

3.3. With respect to the insurance afforded to the vendor under this Paragraph F.F., the following is added to Section III –Limits Of Insurance:

The most we will pay on behalf of the vendor is the amount of insurance:
a.a. Required by the written contract or written agreement referenced in Subparagraph F.1. of this endorsement; oror
b.b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

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

G.G. Additional Insured –Managers, Lessors or Governmental Entity

1.1. Section II –Who Is An Insured is amended to include as an additional insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
a.a. Your acts or omissions; or
b.b. The acts or omissions of those acting on your behalf; and resulting directly from:
a.a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b.b. Ownership, maintenance, occupancy or use of premises by you; or c.c. Maintenance, operation or use by you of equipment leased to you by such person or organization.

However, the insurance afforded to such additional insured:
a.a. Only applies to the extent permitted by law; and
b.b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.

2. This provision does not apply:
a.a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b.b. To any person or organization included as an insured under Paragraph 3.3. of Section IIII –Who Is An Insured; c.c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; U-GL-2219-A CW (08/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 1212 Attachment Code: D590974 Master ID: 1492002, Certificate ID: 17531933 Policy Number: CPO 4289165 - 00
d.d. To any:
(1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if:
(a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises;
(b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or
(c) The premises are excluded under this Coverage Part.

3.3. With respect to the insurance afforded to the additional insureds under this Paragraph G.G., the following is added to Section III –Limits Of Insurance :

The most we will pay on behalf of the additional insured is the amount of insurance:
a.a. Required by the written contract or written agreement referenced in Subparagraph G.1. of this endorsement; oror
b.b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

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

H.H. Additional Insured –Other Persons or Organizations

1.1. Section II –Who Is An Insured is amended to include as an insured any person or organization who does not qualify as an additional insured under Paragraphs E.E. through Paragraph G.G. of this endorsement so long as you are required to add such person or organization as an additional insured on this policy under a written contract or written agreement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
a.a. Your acts or omissions; or
b.b. The acts or omissions of those acting on your behalf.

2.2. With respect to the insurance afforded to the additional insureds under this Paragraph H.H., the following additional exclusions apply:

The insurance afforded to the additional insured under this Paragraph H.H. does not apply to any person or organization:
a.a. For “bodily injury”, “property damage”or “personal and advertising injury”arising out of the rendering or failure to render any professional service;
b.b. For “bodily injury”or “property damage”included in the “products-completed operations hazard”; or c.c. Who is scheduled as an additional insured under another endorsement attached to this policy.

3. With respect to the insurance afforded to the additional insureds under this Paragraph H.H., the following is added to Section III –Limits Of Insurance :

The most we will pay on behalf of the additional insured is the amount of insurance:
a.a. Required by the written contract or written agreement referenced in Subparagraph H.1. of this endorsement; oror
b.b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

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

U-GL-2219-A CW (08/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 1212 Attachment Code: D590974 Master ID: 1492002, Certificate ID: 17531933 (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g.g. of Section I –Coverage A –Bodily Injury And Property Damage Liability; oror
(v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to:

Equipment you borrow from others; or
Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either byby policy provision or
attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an
additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.

Policy Number: CPO 4289165 - 00
In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition.

You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim.

V.V. Other Insurance Condition
Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV – Commercial General Liability Conditions are replaced by the following:

4.4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows:
a.a. Primary Insurance
This insurance is primary except when Paragraph b.b. below applies. If this insurance is primary, our obligations are not affected unless any ofof the other insurance isis also primary. Then, wewe will share with all that
other insurance by the method described in Paragraph c.c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.

Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities.
b.b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner;
(iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to to cover your liability as a tenant for "property damage" to premises rented to you or temporarily Attachment Code: D590986 Master ID: 1492002, Certificate ID: 17531933Attachment Code: D590986 Master ID: 1492002, Certificate ID: 17531933 Policy Number: CPO 4289165 - 00
W.W. Unintentional Failure to Disclose All Hazards
Paragraph 6. Representations of Section IV –Commercial General Liability Conditions is replaced by the following:

6.6. Representations
By accepting this policy, you agree:
a.a. The statements in the Declarations are accurate and complete; b.b. Those statements are based upon representations you made to us; and c.c. We have issued this policy in reliance upon your representations.

Coverage will continue to apply if you unintentionally:
a.a. Fail to disclose all hazards existing at the inception of this policy; or b.b. Make an error, omission or improper description of premises or other statement of information stated in this policy.

You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part.

X.X. Waiver of Right of Subrogation
Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV –Commercial General Liability Conditions is replaced by the following:

8.8. Transfer Of Rights Of Recovery Against Others To Us a.a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b.b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.

Y.Y. In Rem
Section IV –Commercial General Liability Conditions is amended to add the following:

In Rem
Any “suit”brought as an action in rem against any watercraft owned or operated by or for the insured shall in all respects be treated in the same manner as though such “suit”were brought against the insured.

Z.Z. Liberalization Condition
The following condition is added to Section IV –Commercial General Liability Conditions :

Liberalization Clause
If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy.

All other terms, conditions, provisions and exclusions of this policy remain the same.

U-GL-2219-A CW (08/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 1212 Attachment Code: D590975 Master ID: 1492002, Certificate ID: 17531933

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A.A. Cancellation

1.1. The first Named Insured shown in the Dec-
larations may cancel this policy by mailing or
delivering to us advance written notice of
cancellation.

2.2. We may cancel this policy by mailing or de-
livering to the first Named Insured written
notice of cancellation at least:
a.a. 10 days before the effective date of of can-
cellation if we cancel for nonpayment of
premium; or
b.b. 30 days before the effective date of can-
cellation if wewe cancel for any other
reason.

3.3. We will mail or deliver our notice to the first
Named Insured’s last mailing address known
to us.

4.4. Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.

5.5. If this policy is cancelled, we will send the
first Named Insured any premium refund due.

If we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund may
be less than pro rata. The cancellation will be
effective even if we have not made or offered
a refund.

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

B.B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy’s
terms can be amended or waived only by
endorsement issued by us and made a part of this
policy.

C.C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time
during the policy period and up to three years
afterward.

D.D. Inspections And Surveys

1.1. We have the right to:
a.a. Make inspections and surveys at any Make inspections and surveys time;time;
b.b. Give you reports on the conditions we Give you reports find; andfind; and c.c. Recommend changes.

2.2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to
insurability and the premiums to be charged.

We do not make safety inspections. We do We do not make safety inspections. We do not not undertake undertake to to perform the perform the duty duty
of of
any
person or organization to provide for the
health or safety of workers or the public. And
we do not warrant that conditions:
a.a. Are safe or healthful; or
b.b. Comply with laws, regulations, codes or
standards.

3.3. Paragraphs 1.1. and 2.2. of this condition apply
not only to us, but also to any rating, ad- not only us, but any rating, visory, visory, rate service or similar organization similar organization visory, rate service or similar organization which makes iinsurance inspections, surveys, inspections, surveys, reports or recommendations.reports or recommendations.

4.4. Paragraph 2.2. of this condition does not apply
to any inspections, surveys, reports or recom-
memendations we may make relative to certifi-
cation, under state or municipal statutes, or-
dinances or regulations, of boilers, pressure
vessels or elevators.

E.E. Premiums
The first Named Insured shown in the Dec-
larations:

1.1. Is responsible for the payment ofof all
premiums; and

2.2. Will be the payee for any return premiums we
pay.

F.F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named
insured.

If you die, your rights and duties will be
transferred to your legal representative but only
while acting within the scope of duties as your
legal representative. Until your legal represen-
tative is appointed, anyone having proper tem-
porary custody of your property will have your
rights and duties but only with respect to that
property.

IL 00 17 11 98
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Attachment Code: D590988 Master ID: 1492002, Certificate ID: 17531933 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14)

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Vallejo City CouncilMay 14, 2024

Vallejo City Council
May 14, 2024