D. Additional Funding: FS may at its discretion, increase the total level of funding available in this funding round or in any category in this funding round from any available source provided the awards meet the requirements of the statute which made the funding available to the agency.
Eligible Uses of Funding
1. Projects eligible for funding include but are not limited to:
a. Foster individuals, groups, and organizations in the communities served to become engaged participants in urban forest planning, planting, and management, especially those in disadvantaged communities that do not have adequate resources to install or maintain green infrastructure or are underrepresented. b. Protect, enhance, and expand equitable urban tree canopy cover to maximize community access to human health, social, ecological, and economic benefits particularly in disadvantaged and nature- deprived communities experiencing low tree canopy cover, extreme heat and frequent flooding. Improve and increase access to parks and nature in communities. c. Encourage long-term urban forest planning, assessment, and management. d. Encourage proactive and systematic maintenance and monitoring of urban trees and forested natural areas to improve forest health; assess risk to forests from pests, disease, and adverse climate impacts; and formulate adaptive management strategies to improve forest resilience. e. Advance the use of tree and forest inventories, monitoring, and assessment tools in priority areas, including monitoring and measurement of extreme heat.
f. Improve preparation for severe storms and the recovery of damaged or deteriorated landscapes to more healthy and resilient conditions.
g. Protect, enhance and increase access to watersheds in urban and developing areas with a focus on conserving and managing forest patches, and green stormwater infrastructure. h. Provide paid training experiences for urban forestry crews to establish and maintain urban forests into the future. Support youth employment opportunities, including workforce development and training for the creation and maintenance of green jobs and economic opportunities for planning, planting, and sustainably maintaining trees and forests, including training and retaining urban arborists, and producing and using urban forest products.
i. Develop paid on-the-job training opportunities, including pre-apprenticeships and apprenticeships, to expand workforce development pathways for green careers in urban and community forestry. j. Address exotic invasive pest species that adversely impact urban forests. k. Work across jurisdictional boundaries, leveraging ideas and resources to increase capacity to provide equitable access to benefits across the larger landscape and at a greater geographic scale. l. Aid in planning, goal setting, and skill sharing with other professions such as urban planners, engineers, educators, recreational and public health officials.
Reporting Requirements
Semi-annual financial and progress reports are required for IRA grants: Financial and Progress reports will be submitted for the periods ending June 30 and December 31. Reports are due 30 days from the period end. Timely submittal of financial and progress reports for each grant as indicated in your award agreement will be required.
Payments will be withheld until missing reports are received and approved. Progress reports should highlight direct quantitative and qualitative investment activities and outcomes and include stories and photographs that illustrate these.
City of Vallejo's Project
The Project will transform barren dirt areas along the Waterfront walkways, south of the Ferry Terminal, and extends to the Front Room and Mare Island Brewery open space.
Deliverables comprise multiple greenings: regraded Great Lawn, water smart irrigation, re-sodding, new hedges, Date: June 25, 2024
Subject: ADOPT A RESOLUTION AMENDING THE FY 23-24 BUDGET AND ACCEPTING THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT AWARD IN AN AMOUNT UP TO $1,734,070 (STEP 2 OF 2)
and up to 1,000 native drought-tolerant tree plantings. Buildings will be buffered from the park site, with enhanced Native California wildflower meadow, pollinator gardens, a new Cultural Garden venue, Windrow Trees, and other plantings along the site. Rain collection/stormwater management and the River Green will be addressed.
Expected Accomplishments
1- New greenspace along the Waterfront for almost 20 acres (up to 1,000 trees). 2- Explore potential workforce development options for shadow training/Green Maintenance Worker trainees with hands-on skills in landscape maintenance, resulting in “marketable training” opportunities for basic certification (e.g., tree planting/pre-arborist/ irrigation techniques).
Positions to be recruited under the supervision of the Public Works Maintenance Division and the City of Vallejo's procurement process. The project is consistent with Vallejo’s major planning documents, which include the Waterfront Specific Plan, Vallejo General Plan, and the Parks Master Plan. As cited in the General Plan, a key principle for open space is, “Preserving and enhancing the natural, historic, and scenic resources that make Vallejo unique." The richer the diversity of life around us, the greater the opportunity for healthy living, economic development, and adaptive responses to the challenges of climate change. The addition of tree canopy along the Vallejo Waterfront furthers the vision to bring 24/7 live, work, and social activity back into the Waterfront and Downtown for residents and visitors. The outcome will be enhanced equitable and accessible uses for all persons, including individuals with physical limitations.
Enhanced green space within a park setting improves the built environment by buffering noise, pollution, and helping reduce summer heat waves. Substantial outcomes will result from the integration of green infrastructure in all aspects of the planning phases for the increased green space along the Waterfront undertaking. Visual amenities with interpretive features for scenic recreation will contribute to visitor attractions and help boost the economy. These improvements would allow increased access to greenspace for our diverse population, while also improving the quality of life for families and individuals.
The item before the City Council is to adopt a resolution amending the FY 23-24 Budget and accepting the the Inflation Reduction Act: Urban and Community Forestry Grant Award in an amount up to $1,734,070. Council previously gave notice of intent to amend th budget on June, 11, 2024.
FISCAL IMPACT
A well-maintained tree canopy with other greening amenities will boost the waterfront and business districts.
Visual amenities with interpretive features for scenic recreation will contribute to visitor attractions and help boost the economy. Research confirms substantial cost-savings with trees for green infrastructure, including decreased investments in air and water quality “gray infrastructure”. The Project will integrate a variety of low impact development (LID) strategies to mitigate stormwater runoff, reduce water pollution, and recharge groundwater supplies. The design will include bio infiltration rain gardens and permeable surfaces and pathways, as appropriate. Native drought tolerant plantings in open spaces significantly reduce storm-water runoff and enhance water conservation.
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 Amending FY 23-24 Budget and Accepting the Forestry Grant CAO STAMP Date: June 25, 2024
Subject: ADOPT A RESOLUTION AMENDING THE FY 23-24 BUDGET AND ACCEPTING THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT AWARD IN AN AMOUNT UP TO $1,734,070 (STEP 2 OF 2)
2. 24-DG-224 Vallejo Narrative
3. 24-DG-224 Vallejo SF424s Assurances
4. UCF Award Administration Guide
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4576
[email protected]
RESOLUTION NO. ______ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE REVENUE FROM THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT AWARD UP TO THE AMOUNT OF $1,734,070
WHEREAS, on June 27, 2023, the City Council adopted a budget for the Fiscal Year 2023-2024; and
WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week’s notice of intention to do so said notice being provided at the June 11, 2024 City Council meeting; and WHEREAS, on April 12, 2023, the U.S. Forest Service (USFS) announced that it will make $1 billion in funding available through the UCF to support community investments in urban tree canopies; and
WHEREAS, the City of Vallejo desires to participate in the Urban Forestry Program to carry out urban tree-planting projects, forestry management and strategic planning to prioritizing investments in disadvantaged communities where the need is greatest; and WHEREAS, the City applied for an Inflation Reduction Act grant under the USFS for FY 2023- 24 and was awarded up to $1,734,070 with no matching funding required.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Vallejo does hereby accept the grant and approve the amendment of the FY 2023-24 revenue and expenditures budget for Fund 221, Capital Grants and Contributions Fund in the amount up to $1,734,070; and BE IT FURTHER RESOLVED, that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and
BE IT FURTHER RESOLVED, that the City of Vallejo agrees to abide by the terms and conditions of the grant agreement set forth by the USFS.
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 25, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ROBERT MCCONNEL, MAYOR
_
_______________________________
DAWN ABRAHAMSON, CITY CLERK
ATTEST:
1. S&PF PROGRAM - Inflation Reduction Act Urban and Community Forestry Program PROJECT TITLE – Waterfront Revival
2. GRANTEE NAME – City of Vallejo
3. PROJECT COORDINATOR(S) – Provide name and contact information (address, phone number, fax number, email address) for the Program/Project Coordinator and financial contact for activities described in this narrative. Also, provide name and contact information for the individual responsible for progress and financial reporting if different from above.
Program Project Coordinators:
Jason Ackley
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-649-7712
Fax Number: N/A
Email: [email protected]
Jason Lacey
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-333-0154
Fax Number: N/A
Email: [email protected]
Financial Contact:
Jesson De Leon
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-648-5433
Fax Number: N/A
Email: [email protected]
4. STATEMENT OF NEED/PROBLEM – Describe the existing situation and why the work or project is a priority. Use facts or statistics to briefly describe the problem, need, or opportunity to be addressed. Information from the Forest Action Plan (FAP=SWARS) should be utilized and referenced to help describe the existing situation and need for the program/project. You may provide a concise reference to issues or maps in the State’s FAP (for example, page number, issue number). Do not copy and paste long sections of text from the FAP.
Vallejo has a growing young adult population, ages 18- 35, that is increasing faster than the Bay Area as a whole, and the demand for trending career opportunities such as those offered in the field of Urban Forestry would be a positive for targeted underserved groups. The City of Vallejo is the largest in Solano County, with a population of 126,090 (2020 Census). It is also a culturally rich and ethnically diverse community, with nearly 1 in 3 residents born outside the U.S. (26.2%).
Further, Vallejo is listed in the top 25% of pollution -burdened census tract areas. The project is designed to address pollution issues by meeting the Ten-Year Urban Forest Action Plan Goal #1 - Integrate Community Forestry, by integrating community forestry into the Waterfront Public Park and the respective Open Space development. Greening measures will also address flooding management and control concerns, which impacted several areas during the recent California rainfall.
Vallejo’s greening measures will be centered around the proposed planting of an estimated 100 native trees, including appropriated ground cover and greening in support of the trees. This award dovetails with the City’s Master Plan Phasing efforts to increase community capacity to utilize urban trees in open space planning, infrastructure, and private development to further best practices in green elements for sustainability. Additionally , the project is consistent with Vallejo’s primary planning documents, including the Waterfront Specific Plan, Vallejo General Plan, and the Parks Master Plan. As cited in the General Plan, a fundamental principle for open space is “Preserving and enhancing the natural, historic, and scenic resources that make Vallejo unique.” This Project will transform barren dirt areas along the Waterfront and Mare Island Way. The proposed improvements include multiple greenings, re-soding the Great Lawn directly around the trees to assist with the overaccumulation of water from rain, and installing water-smart irrigation, and installing water-smart irrigation, which will be carefully located to take care of the trees. Rain collection/stormwater management and the River Green will also be addressed. Enhanced green space within a park setting improves the built environment by buffering noise and pollution and helping reduce summer heat waves.
Adding a tree canopy along the Vallejo Waterfront furthers the vision to bring 24/7 live, work, and social activity back into the Waterfront and Downtown for residents and visitors. The outcome will enhance equitable and accessible uses for all persons, including i ndividuals with physical limitations. Signs with interpretive features for scenic recreation will contribute to visitor attraction and help boost the economy.
Studies show that the richer the diversity of life around us, the more excellent the opportunity for healthy living, economic development, and adaptive responses to the challenges of climate change.
These improvements will allow increased access to greenspace for our diverse population and improve the quality of life for families and individuals. The project will spur other expansions that can increase workforce opportunities and expand public awareness of the importance of urban forestry to help reinvigorate the city and local economy.
Finally, the project is a joint project between the Yocha Dehe Tribe and the City of Vallejo. Since Vallejo is further ahead than the Yocha Dehe Tribe’s projects, Vallejo plans to split the project into two phases. Phase 1 will install the improvements described immediately above from Barbara Kondylis Park to Independence Park.
The next phase will be conducted by the Yocha Dehe Tribe, which plans to build out the area further after the City’s deliverables under the grant . The designs submitted for the Yocha Dehe phase of the project include converting an unused office space on the site into a cultural center and tasting room experience, as well as building out of the targeted park locations with additional plantings and public usable amenities to reflect the natural and historical beauty that once encompassed this area of the bay.
EXHIBIT A – BARBARA KONDYLIS PARK AND INDEPENDENCE PARK
EXHIBIT B – EXISTING CONDITIONS – BARBARA KONDYLIS PARK
BARBARA KONDYLIS PARK
INDEPENDENCE PARK
EXHIBIT C – EXISTING CONDITIONS – INDEPENDENCE PARK
5. GOALS – Describe the goals this work will help to achieve. Goals must be consistent with program authorities and guidelines. Identify and briefly summarize the long-term strategies for implementing this goal in this grant narrative. Provide concise reference to strategy in the State’s Forest Action Plan and US Forest Service UCF 10-Year Action Plan (page number, strategy number). Do not copy and paste long sections of text.
Goal 1 (Increase Public Awareness to Cultivate Diversity, Equity, and Leadership)
As cited in the Ten -Year Action Plan for Urban Forestry, there is a high concern for the lack of consistent public awareness and educational outreach explaining the benefits of Urban and Community Forestry locally/regionally, at all levels, especially for vulnerable groups. Especially in Vallejo, a disadvantaged city. Goal one, strategy C of the Ten Year Plan , is to launch a public awareness and education campaign to elevate recognition of the value of urban trees and urban forest ecosystems as essential contributors to community sustainability and resilience.
The City of Vallejo plans to hold at least two community outreach sessions to gauge the sentiment of the constituents while also briefing them on this funding opportunity and our goals under this grant. The community will be integral in deciding which trees to plant, the signage, and long-term sustainability activities.
Community effort goals include: 1) Engage underserved groups, 2) Increase workforce development opportunities for exposure to green jobs/skills for underserved groups in Vallejo, and 3) Promote expanded collaboration for training and communication in urban/com forestry to build workforce professional development.
Goal 2 (Strengthen Urban and Community Forest Health and Biodiversity for Long- Term Resilience)
The project under this grant is another step in Vallejo’s long- term plan for biodiversity. Adding trees to the projected area will transform a barren park into a crown jewel. Our project proposes
planting an estimated 100 native trees , including appropriate ground cover and shrubbery, to support the trees . Further, this project will spur Vallejo’s planning department to continue integrating tree planting into the City’s Master Plan. Because of this award, there has already been a focus on increasing community capacity by utilizing urban trees in open space planning, infrastructure, and private development to further best practices in green elements for sustainability.
Goal 3 (Climate Response)
As detailed in California’s Forest Action Plan, our plan is also focused on mitigating and adapting to the effects of climate change on forest ecosystems . With projected significant rises in temperatures and more uncertain precipitation, forest ecosystems must be managed to preserve their fundamental integrity as providers of ecosystem services, wildlife habitat , and timber. The planned tree plantings will continue Vallejo’s mention to combat global warming.
In addition to their cooling and shading benefits and improving quality of life, urban forests will act as a carbon sink to reduce greenhouse gases. As mentioned earlier, Vallejo is a severely disadvantaged community. This project will further the goals of the government -wide Justice40 Initiative that seeks to deliver 40 percent of the benefits of certain Federal investments to disadvantaged communities that face burdens related to climate change, the environment, health, and economic opportunity. The project will also fund signs at the Parks that will denote Vallejo’s efforts in this regard.
6. OBJECTIVES/OUTPUTS –List the objectives to be met in order to address the goals/strategies. Objectives are specific actions this program/project is intended to achieve during the time period of this grant to meet or work towards achieving the goals that are listed.
Objectives are “SMART” – Specific, Measurable, Accountable, Realistic, and Timely. Also include objectives to meet any specific targets or direction for use of program funds, as highlighted in the funding advice. Provide specific details to clearly quantify the deliverables (outputs), such as number and names of communities assisted, location and number of acres surveyed or treated, number of trees grown in the nursery/planted, description and dollar value of equipment purchased, number of personnel trained. Consider using measures consistent with those you report on annually in the NIC (National Information Center) database, including CARS, SMART, and NICE.
Develop Design Plans
The City of Vallejo will work with the design firm Gates & Associates to determine the design before implementation. We have already engaged with them to finalize the proposed budget.
Host Public Meetings
The City of Vallejo plans to host at least two public meetings in different locations for convenience and to allow for the entire community to participate. In this meeting, we plan to recruit for the workforce component of our proposal while describing our project and spreading awareness of the funder/funding opportunity. The Greater Vallejo Recreational District will host the meetings.
Entitlements
Complete and thorough project review and approval process Tasks include-
• Design Review Board
• Planning Commission
• Vallejo City Council
• BCDC-San Francisco Bay Conservation & Development Commission • Title report
• Easement/ROW/agreement review
• Agreements
Project Management and site activities
• Complete PS&E- plans, specifications, and estimates.
• Hold pre-bid meetings.
• Complete competitive public bidding process
• The city council will approve the contract and award. • Hold pre-site improvement meetings to install the trees (identify roll, review work schedules, notifications/permits, submittals)
• Start project site improvements.
• Manage project submittals, change orders, and inspections. • Grant reporting and fiscal management
• Final inspections, Council acceptance, close-out
Greening of Area
The project scope will focus on developing and installing trees and supportive plant understories to enhance the outdoor experience and improve and increase Vallejo’s urban tree canopy.
Planting activities will occur during the site improvement activities and will be overseen by Public Works arborist staff.
Recruitment/Training of Green Maintenance Workers
Work with our Human Resource Dept. and our partner agency, Greater Vallejo Recreation District (GVRD), to develop a training program to provide job skills, education, and experience in the “green” tree/plant care industry. Training will focus on providing individuals with the expertise and knowledge to obtain a “certified tree worker” credential from the ISA-International Society of Arboriculture. Program candidates will be selected from our most underserved population.
Project Sustainability
The project location (Census Track: 06095250900; according to Explore the map - Climate & Economic Justice Screening Tool (geoplatform.gov)) and improvements are located on the city of Vallejo property. The City will oversee plant establishment, young tree care, structural pruning, and overall care after the grant’s duration. City arborists will apply industry standards, BMP-best management practices, and ANSI 300.
Health and Social Outcomes
Trees, gardens, and park settings have been scientifically linked to reduced mental and physical stress, better task attention, and faster healing in hospitals. Research studies show that nearly one in four adults experience “a mental health illness yearly including depression, anxiety, or elder cognitive disorders.” (Source: Urban Forestry Action Plan) The project offers a central gathering space for community members to meet and interact, increasing social cohesion and positive health outcomes. The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity (Health and Human Services, 2001) report connects obesity to the need for communities to provide adequate parks and recreation opportunities, which recognizes the benefits of increased physical activity.
Moreover, proximity to public parks and tree -lined venues tends to have the most significant impact on the length of the lives of people, even considering other factors that affect longevity, such as gender, marital status, income, and age (American Planning Association). The project site provides user-friendly walking access and connection to the infamous Bay Trail/Vine Trail, which will help reduce chronic disease incidents, such as cardiovascular, diabetes, and other diseases.
Overall, this project will promote quality of life by creating cleaner air, conserving soil and energy, and increasing property values. Mitigating climate change and extreme heat by removing carbon dioxide from the air, storing carbon in the trees and soil, and releasing oxygen into the atmosphere is a massive goal of Vallejo’s City Council.
Economic Outcomes
A well-maintained tree canopy with other greening amenities will increase the attraction to the waterfront and business districts. Further, the values associated with having adjacent trees and parks close to housing and busy transit locations can be converted to local government revenues.
Signs with interpretive features for scenic recreation will increase visitor engagement and help boost the economy. Research confirms substantial cost-savings with trees for green infrastructure, including decreased investments in air and water quality “gray infrastructure.” The Project will integrate various low-impact development (LID) strategies to mitigate stormwater runoff, reduce water pollution, and recharge groundwater supplies. The design will include bio- infiltration rain gardens and permeable surfaces and pathways, as appropriate. Native, drought -tolerant plantings in open spaces significantly reduce storm-water runoff and enhance water conservation.
Expected Accomplishment(s)
1) New green space along the waterfront is almost 20 acres. Twenty acres of new greenspace along the waterfront consist of existing trees along the waterfront and surrounding landscapes that have all been planted over time through planned development, capital improvement projects, and minor improvement projects. The surrounding trees will be chosen based on budget, planting space, and appearance. In this project, we intend to engage the public, residents, Planning Department, and Public Works arborist staff to select native species that best fit the space and will provide maximum sustainable benefits to people and the environment. Trees planted on this project will range from #15 gal up to 48” boxes and be selected from the approved “City of Vallejo Master Tree List.”
2) Develop workforce options for shadow training/Green Maintenance Worker trainees with hands-on skills in landscape maintenance, resulting in “marketable training” opportunities for basic certification (e.g., tree planting/pre-arborist/ irrigation techniques). Positions to be recruited under the supervision of the Public Works Maintenance Division and the City of Vallejo procurement process.
7. SPECIFIC ACTIVITIES – Describe in detail what work will be done to achieve the objectives. Include who will lead and perform the activity, the responsibility others have (including partners), the geographic area where the work will be done, and timeframes when the work will be done.
Year 1
The first year will involve preparation for improvement installations to make the project shovel- ready. Preparation includes:
-Design (work will be done by city staff with outside firm) -Submitting samples of materials and analyses for approval (work will be done by city staff with outside firm)
-Securing necessary permits and approvals (work will be done by city staff with outside firm) -Community outreach meetings (work will be done by GVRD) -Contracting/bidding (work will be done by city staff with outside firm) Year 2
The second year will see more activity on the prospective site. Community engagement will also progress to recruitment to build the program that will produce green maintenance workers.
Engagement will consist of public in-person meetings and online survey(s) through MyVallejo.com.
Regarding installation, the following will be expected to be completed by our City Staff and our consultants, Gates & Associates, by the end of year 2:
-Backfilling with suitable material within the tree planting area. -Installing native drought trees.
-Installation of improvements to support the installation of drought-resistant trees (this includes:
tree supportive plants, drainage improvements, soil amendments, tree protection buffer zones, irrigation, tree-supportive understory for success and health, installing mulch) -Completion of supportive greening to support tree longevity Year 3
The third year will focus on further implementing the work program and finalizing improvement installations. This includes:
-Planting operations, including mulching, watering, staking, spraying, weeding, pruning, drip bag installation, etc.
-Fertilization at the time of planting.
-Establishing finished grades.
-Ongoing maintenance and training program
Year 4
-Cleaning site at the end of planting operations.
-Maintaining, protecting, weeding, pruning damaged or broken limbs, and replacing dead trees during the guarantee period
Year 5
The last year of the grant will serve as a catch-all to ensure the project is completed promptly. In addition to continuing to observe the progress of the project, Vallejo will continue modifying and expanding the training program.
Communications Plan:
Share your plans for communication on the project, including plans for 1) signage acknowledging the funding source at project locations and 2) including funding information in press and promotional materials.
The City of Vallejo will acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as deliverables of the awarded project. USDA and Forest Service logos will be placed on all materials.
Special signage will be created and posted throughout the park site to broadcast the award and to acknowledge the Granting Agency for the support required to propel the City of Vallejo’s high- priority, under-utilized park site that has been stalled due to the lack of funding.
The Project will be promoted through the City of Vallejo’s multiple social media outlets, monthly newsletters, and announcements at various business and social venues. Press Releases will be placed in the local newspapers, which boast a circulation of over 100,000 readers, to keep the public informed of the project’s progress.
8. KEY PERSONNEL – Describe the qualifications of key personnel or organizations other than the Project Coordinator involved in accomplishing the objectives.
Daily program administration, monitoring, and quality control will be conducted by a team of skilled and knowledgeable Vallejo management with a combined experience of well over 25 years.
Staffing members are trained in operations, land use, strategic planning, fiscal compliance, facilities management (i.e., irrigation systems, planting protocol, maintenance), and timely implementation of multiple projects.
1. Jason Lacey, Landscape Maintenance Manager, City of Vallejo ISA Certified Arborist, WE-10614A TRAQ/ QAC #9422
Daily Project Management and Supervision
2. Dan Sequeira, City Engineer, City of Vallejo
Supportive Project Management, Monitoring/Evaluation, and support for expanding Urban & Community Forestry collaboration.
3. Gillian Hayes, Assistant City Manager, City of Vallejo Project Administrative Oversight, Support, including policy directives, and expansion of Urban & Community Forestry collaboration
9. RESPONSIBILITIES – Describe any special responsibilities of the Forest Service or others, if any.
The City of Vallejo will look to the Wildfire & Forest Resilience Workforce Development resources to better prepare our trainees for the work we will require. The trainee program can also help our trainees get certified and trained for other promotional opportunities, such as a career in Urban Forestry. Finally, we plan to set aside some grant-awarded funding to pay for training, conferences, and certifications for the individuals we anticipate hiring.
We also look forward to cultivating relationships with local partnering organizations for support and job opportunities. For instance, the Forest Service provides funding to the City of Vallejo to fund SCA and Mobile Green crews, which are known organizations that provide training and on- the-ground opportunities.
10. MONITORING & EVALUATION – Describe how activity progress and achievement of objectives will be monitored and reported, including the personnel responsible for monitoring and reporting. Include a statement on the frequency and method of federal reporting. (How will progress and achievement of your specific objectives be monitored and evaluated?) Describe how project evaluation will occur to determine whether goals are being met and Forest Action Plans are being fulfilled.
Vallejo plans to conduct multiple community meetings and monitor participant feedback by circulating surveys. We will also conduct outreach for the trainee program. We also plan to rely on the tried-and-true model based on the success of GVRD’s hiring program. The City of Vallejo will oversee GVRD’s process. Regarding training, the City plans to mimic the Student Conservation Association model. SCA provides young people with paid green jobs, including single-day service projects, seasonal work, and year -long internships or fellowships. We will constantly evaluate the trainees through the certified project managers' day-to-day interactions and following suggested trainee support classes.
Regarding project monitoring, t he location of the chosen project site is 1,500 feet from Vallejo City Hall in an area regularly traveled by staff making direct observation of the project site simple.
Assessment and evaluation will be achieved by staff review of plans, public review of design, and City Council as the property owner approval of a successful greening project. Still, Vallejo staff is committed to overseeing reporting pursuant to federal requirements. Vallejo Finance Staff has been identified to assist in reporting in addition to the Key Personnel listed above. Financial and progress reporting will be conducted semi-annually.
The City of Vallejo will have an internal grant administrator. Further, the City will hire a Project Manager who will work with the contractor and the grant administrator to deal with changing orders and invoicing. The Project Manager will ensure deliverables and monitor protocols and timelines. The Project Manager will regularly meet with contractors, partners, inspectors, and City Staff to evaluate and review progress. Th e Project Manager will provide the City engineer with frequent progress reports. They will also serve as an internal component for reporting to make grant deadlines. After the duration of the grant award, the City of Vallejo will manage the area in conjunction with GVRD.
11. BUDGET AND BUDGET NARRATIVE – Outline the federal grant amount, match amount, and leverage amount based on the specific work activities. If you have a match waiver, include the federal grant amount only. If applicable, identify the source of non-federal resources.
Provide sufficient detail so the Regional UCF Program Manager can determine the allowability of the expense: describe or display how the costs were derived for the activities described above (e.g., # hours at $ per hour; # acres at $ per acre, equipment costs, # and type of supplies at $ each, etc.) and the basis for cost estimates (e.g., historical costs, phone estimates, catalog price).
Personnel/salary costs must be adequately supported and documented in your records (e.g., time sheets, and personnel activity reports).
A suggested table format is provided below for inserting detailed budget information by each federal Object Class Category summarized in the SF-424A. Delete or add lines as needed to reflect work in this narrative. Following the suggested table format is an example of a completed table.
BUDGET NARRATIVE & JUSTIFICATION
Total Amount: $1,734,070
Personnel ($0)
No direct personnel will be hired under this grant.
Fringe Benefits ($0)
No direct personnel will be hired under this grant.
Contractual Services - ($1,245,570)
Green Maintenance Worker/Training: City will be partnering with outside agencies (i.e. Geater Vallejo Recreation District, the Student Conservation Association) to develop and deliver a Green Maintenance Worker/Training program. The program will provide training to local Vallejo residents in topics such as: forestry, landscaping, irrigation design and management, planting & maintenance of urban forests.
The resulting marketable skills learned will give underserved/underrepresented Vallejo residents a pathway into employment with entities such as: the City of Vallejo or other municipalities; the Greater Vallejo Recreation District (GVRD); private landscaping businesses or arborists; or potentially motivate them to continue pursuit of a career through educational opportunities at some of our local institutions.
We have estimated that the cost of providing this training will be $450,000 based on some preliminary discussions. Additional funding may allow for a larger cohort served.
Project Manager: Contractual services will be used to hire an outside project manager to oversee and manage the other contracts here. We plan to use this assistance for 4 years, which would require a transition from working with the contractors prepping the site and the installation of trees, etc., to working with our partner to ensure the success of the Green Maintenance/Working Training program. This may require utilizing one person in the early phase and transitioning to another later based on what they’re primarily overseeing. City staff will interact primarily with this PM on the overall project scope. ($250,000).
Preliminary Design Work: The City has initial designs for the park spaces being improved.
Those designs are not fully complete, as the scope of the original project has since changed with the inclusion of the partnership with the Yocha Dehe Winton Nation. ($30,000 to finalize design.)
Landscape Architect ($170,000): The City has a contract with Gates & Associates to provide this service. This work will convert the preliminary designs into specific, actionable designs for labor to place all trees and their required support to maximize their survivability while being aesthetically pleasing in the park space for the local residents and visitors.
Contractual services will be used for various as-needed services to research and ready the space and assist with work required to get the various needed permits and sign-off to work in this park space along the Bay. Included here: Land Surveyor ($20,000); Geotechnical Consult ($16,000).
Contractual services will be used to hire for Drainage Work ($100,000) to ensure proper drainage in the planting area. As this location is along the mouth of the Napa River that leads to San Pablo Bay, it is imperative that the project properly contain and manage run-off and drainage to ensure not only the health and safety of the trees, but protect Bay Area water quality.
Clearing/Grubbing Work ($35,000). Under contracted services, some limited clearing/grubbing will be required to prepare the site location for planting work.
Grading Work ($35,000). While relatively flat terrain, it is expected that some grading work may be required to maximize the drainage plan to keep control of run-off.
Contingency ($139,570): The City set aside a contingency (of a maximum of 15% of total contracted activities) for this project to cover unforeseen and unanticipated circumstances. Such examples could include: additional grubbing work required once soil sampling and site inspections are completed due to locating old root structures at the site, or other subterranean debris; additional soil testing to acquire requisite permits; general cost increases due to inflation in materials, contractor rates or wages.
Travel ($0)
Materials and Supplies ($488,500)
Irrigation improvements at the planting areas in Barbara Kondylis Waterfront Park ($40,000) and at Independence Park ($25,000).
Estimate for tree purchases for the two park zones – 24” Box Trees @ $900/unit * 115 trees ($103,500); 48” Box Trees @ $2,000/unit * 20 trees ($40,000). Trees have yet to be fully sourced for this project, and prices vary by vendor & variety.
Supportive local/regional tree-floor plantings to provide support for trees planted and drainage needs ($170,000); Mulch at planting zones @ 3” depth ($60,000).
Fencing ($40,000) is an expected need, as this is a public park area along the busy Vallejo Waterfront, abutting the busy passenger ferry terminal with service to/from San Francisco. Small fencing around tree-planted areas will ensure foot traffic does not damage the planted areas.
Signage ($10,000) is planned for the areas to provide education on the project; the types of trees and supportive plants; etc.
Other Expenses ($0)
‘Other Expenses’ are generally contained within the contracted items above.
Subaward ($0)
No subawards are included.
Indirect Costs ($0)
View Burden Statement
Application for Federal Assistance SF-424
* 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s):
0 Preapplication [gJ New I
[gj Application D Continuation * Other (Specify):
0 Changed/Corrected Application D Revision I
* 3. Date Received: 4. Applicant Identifier:
I I
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
I I I
State Use Only:
6. Date Received byState:I I 17. State Application Identifier:!
8. APPLICANT INFORMATION:
*a.Legal Name: I City of Vall ejo
• b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
194 - 6000448 I IKJKSE S96KUN9 I
d. Address:
• Street1: 555 Santa Clara S t
Street2:
'City: Vallejo
County/Parish:
• State: CA: California
Province:
• Country: USA: UNITED STATES
•Zip / Postal Code: 9 4590-5922 I
e. Organizational Unit:
Department Name: Division Name:
I I I
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. I • First Name: Jason
Middle Name:
• Last Name: Ackley
Suffix:
Tille: !Assistant to the City Manager
Organizational Affiliation:
I
*Telephone Number: 1 70 7-649-7712 I Fax Number: I
* Email: I j ason [email protected]
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0MB Number: 4040-0004
Expiration Date: 11/30/2025
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3/26/2024
24-DG-11052021-224
Application for Federal Assistance SF-424
16. Congressional Districts Of:
• a. Applicant 18th I • b. Program/Project lsth I
Attach an additional list of Program/Project Congressional Districts if needed.
I I I Add Attachment I r Delete Attachment I I View Attachment
17. Proposed Pro ject:
•a.Start Date: lupon Award I
18. Estimated Funding ($):
•a.Federal 1,734,070 . 00
• b. Applicant
• c. State
'd. Local
• e. Other
• f. Program Income
'g. TOTAL I 1,734,070.09
• 19. Is Application Subject to Review By State Under Executive Order 12372 Process? * b. End Date: l03/31/2029 I
D
a. This application was made available to the State under the Executive Order 12372 Process for reviei on D
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
C8J c. Program is not covered by E.O. 12372.
:tu. Is tne App11cant ue11nquent un Any i-eaeraI ueotf (IT "Yes, .. provIae expIanatIon m attacnment.J D
Yes C8J No
If "Yes", provide explanation and attach
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Add Attm::l!!11e11tl I
Elelete AHcml 1rnent 11 'll'iew Atl:acl rn ient I
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,n. 'l:ly signing mis app11cat1on, 1 ceriny (1 J to me statements contamea m me 11st or cer1Inc at1ons .. ana (:l) mat me statements herein are true, co mplete and accurate to the best of my knowledge. I also provide the required assurances•• and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claim s may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** I AGREE
�he list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
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SECTION A - BUDGET SUMMARY$BUDGET INFORMATION - Non-Construction ProgramsOMB Number: 4040-0006Expiration Date: 02/28/2025Grant Program Function or Activity(a)Catalog of Federal Domestic Assistance Number(b)Estimated Unobligated Funds New or Revised BudgetFederal(c)Non-Federal(d)Federal(e)Non-Federal(f)Total(g)
5. Totals4.3.2.1.$$$$
$$$$
Inflation Reduction Act - Urban and Community Forestry10.7271,734,070.000.001,734,070.00 1,734,070.000.001,734,070.00$ Standard Form 424A (Rev. 7- 97)Prescribed by OMB (Circular A -102) Page 1
SECTION B - BUDGET CATEGORIES
7. Program Incomed. Equipmente. Suppliesf. Contractualg. Constructionh. Otherj. Indirect Chargesk. TOTALS (sum of 6i and 6j)i. Total Direct Charges (sum of 6a-6h)(1) Authorized for Local ReproductionPrescribed by OMB (Circular A -102) Page 1AStandard Form 424A (Rev. 7- 97) GRANT PROGRAM, FUNCTION OR ACTIVITY(2) (3) (4) (5)Total6. Object Class Categoriesa. Personnelb. Fringe Benefitsc. TravelInflation Reduction Act - Urban and Community Forestry0.000.000.000.00488,500.001,245,570.001,734,070.001,734,070.000.000.000.000.00488,500.001,245,570.001,734,070.001,734,070.00$$$$$ $$$$$ $$$$$ $$ SECTION D - FORECASTED CASH NEEDS14. Non-FederalSECTION C - NON-FEDERAL RESOURCES(a) Grant Program (b) Applicant (d) Other Sources(c) State (e)TOTALS$$$$$$$$$$8.9.10.11.12. TOTAL (sum of lines 8-11)15. TOTAL (sum of lines 13 and 14)13. FederalTotal for 1st Year1st Quarter2nd Quarter 3rd Quarter4th QuarterInflation Reduction Act - Urban and Community Forestry0.000.000.000.00850,000.00850,000.00200,000.00200,000.00150,000.00150,000.00200,000.00200,000.00300,000.00300,000.00$$$$$$$$$FUTURE FUNDING PERIODS (YEARS)SECTION F - OTHER BUDGET INFORMATIONSECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECTAuthorized for Local Reproduction$$$$$$16.17.18.19.20. TOTAL (sum of lines 16 - 19)21. Direct Charges: 22. Indirect Charges:23. Remarks:(a) Grant Program (b)First (c) Second(d) Third(e) FourthInflation Reduction Act - Urban and Community Forestry01,734,070$$Standard Form 424A (Rev. 7- 97)Prescribed by OMB (Circular A -102) Page 2 Last updated by abc xyz on Sep 22, 2023 at 08:56:27 PM GMT CITY OF VALLEJO Grants Certifications Report
CITY OF VALLEJO
Unique Entity ID
KJKSES96KUN9
Certification Validity From:
Fri Aug 25 20:20:08 EDT 2023
Purpose of Registration
Federal Assistance Awards Only
CAGE/NCAGE
0CUG2
Certification Validity To:
Sat Aug 24 20:20:08 EDT 2024
n Financial Assistance General Certifications and Representations As the duly authorized representative of the City of Vallejo, I certify that City of Vallejo:
(1) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of any financial assistance project covered by this Certifications and Representations document (See 2 C.F.R. § 200.113 Mandatory disclosures, 2 C.F.R. § 200.214 Suspension and debarment, OMB Guidance A- 129, "Policies for Federal Credit Programs and Non-Tax Receivables"); (2) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives (See 2 C.F.R. § 200.302 Financial Management and 2 C.F.R. § 200.303 Internal controls); (3) Will disclose in writing any potential conflict of interest to the Federal awarding agency or pass through entity in accordance with applicable Federal awarding agency policy (See 2 C.F.R. § 200.112 Conflict of interest); (4) Will comply with all limitations imposed by annual appropriations acts; (5) Will comply with the U.S. Constitution, all Federal laws, and relevant Executive guidance in promoting the freedom of speech and religious liberty in the administration of federally-funded programs (See 2 C.F.R. § 200.300 Statutory and national policy requirements and 2 C.F.R. § 200.303 Internal controls); (6) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and public policies governing financial assistance awards and any Federal financial assistance project covered by this certification document, including but not limited to:
(a) Trafficking Victims Protection Act (TVPA) of 2000, as amended, 22 U.S.C. § 7104(g); (b) Drug Free Workplace, 41 U.S.C. § 8103;
(c) Protection from Reprisal of Disclosure of Certain Information, 41 U.S.C. § 4712; (d) National Environmental Policy Act of 1969, as amended, 42 U.S.C. § 4321 et seq.; (e) Universal Identifier and System for Award Management, 2 C.F.R part 25; (f) Reporting Subaward and Executive Compensation Information, 2 C.F.R. part 170; (g) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. part 180; (h) Civil Actions for False Claims Act, 31 U.S.C. § 3730; (i) False Claims Act, 31 U.S.C. § 3729, 18 U.S.C. §§ 287 and 1001; (j) Program Fraud and Civil Remedies Act, 31 U.S.C. § 3801 et seq.; (k) Lobbying Disclosure Act of 1995, 2 U.S.C. § 1601 et seq.; (l) Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; (m) Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq.; (n) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq.; (o) Section 504 of the Rehabilitation Act of 1973, as amended, 42 U.S.C. § 794; and. (p) Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq.
I have read each of the certifications and representations presented on this page. By submitting this certification, I, Calvin Cho, am attesting to the accuracy of the certifications and representations contained herein. I understand that I may be subject to criminal prosecution under Section 1001, Title 18 of the United States Code or civil liability under the False Claims Act if I misrepresent City of Vallejo by providing false, fictitious, or fraudulent information to the U.S. Government. (End of Provision)
DOWNLOADED ON Sep 22, 2023 AT 08:56:27 PM GMT Page 1 of 1
Award Administration Guide for Grantees
USDA Forest Service
Office of Grants & Agreements (OGA)
Access Branch
INFLATION REDUCTION ACT - URBAN AND COMMUNITY FORESTRY GRANT (U&CF)
This guide addresses high level and general components of grants administration process for recipients/grantees. For general assistance or inquiries on your IRA-UCF grants award, contact your local Grants & Agreements office or Access Branch, [email protected]
1 | Page
Table of Contents
Part I: Forest Service Awards .............................................................................................................................. 2 A. Grant Award Life Cycle .................................................................................................................................... 2 Notice of Award ............................................................................................................................................... 2 Composition of an FS Award ............................................................................................................................ 3 B. Grant Periods ................................................................................................................................................... 3 C. Domestic Grant & Cooperative Agreement Checklist ..................................................................................... 4 Part II: Grant Administration ..................................................................................................................................... 5 D. Terms and Definitions ...................................................................................................................................... 5 E. Monitoring Project Performance ...................................................................................................................... 7 Roles and Responsibilities............................................................................................................................... 7 Support under Continuing Grants..................................................................................................................... 8 F. Changes & Prior Approval ............................................................................................................................... 8 Budget Revisions ............................................................................................................................................. 8 Key Personnel ................................................................................................................................................. 8 Cost Sharing .................................................................................................................................................... 9 Reporting Requirements .................................................................................................................................. 9 Types of Reporting ........................................................................................................................................ 10 G. Grant Closeout ............................................................................................................................................... 11 H. Record Retention and Audit........................................................................................................................... 11 Part III - Financial Requirements and Payments .................................................................................................... 13 I. Payment Requirements ................................................................................................................................. 13 Requesting Payments .................................................................................................................................... 13 Payment Process ........................................................................................................................................... 14 Part IV: Grantee Standards ................................................................................................................................... 15 J. Financial Management Systems Standards .................................................................................................. 15 K. Property Management Standards .................................................................................................................. 15 L. Procurement Standards ................................................................................................................................. 16 Part V: Allowability of Costs .................................................................................................................................. 17 M. Basic Considerations ..................................................................................................................................... 17 Other Considerations ..................................................................................................................................... 18 N. Direct Costs ................................................................................................................................................... 19 Compensation - Personal Services ................................................................................................................ 19 O. Other Direct Costs .......................................................................................................................................... 20 P. Indirect Costs ................................................................................................................................................. 21 Part VI: Other Post Award Requirements and Considerations ............................................................................ 22 Q. Common Federal Statutes ............................................................................................................................. 22 R. Suspension and Termination Procedures ..................................................................................................... 23 S. Termination by Mutual Agreement ................................................................................................................. 24 Appendix ........................................................................................................................................................ 24 2 | Page
Part I: Forest Service Awards
The Award and Administration Guide provides general guidance to USDA Forest Service policies regarding the award and administration of domestic grants (DG) and Cooperative Agreements (CA), Commonly referred to as awards. Refer to 2 CFR § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as they apply to Forest Service financial instruments. This guide addresses both high level and general components of the grant administration process for recipients who apply for federal financial assistance through the USDA Forest Service. In instances where there is a discrepancy between this Award Administration Guide, or any previously mentioned statutory codes, the original Forest Service Handbook and Manual and Federal Regulatory Code maintains precedence.
CONTACT FOR FURTHER INFORMATION
For general questions related to this Forest Service Award Administration Guide, please contact the following shared inbox: [email protected]. For inquires specific to a Forest Service Award, contact the Grants and Agreements Specialist listed in the Award Notification package.
A. Grant Award Life Cycle
In general, once the Federal agency completes the application review process, the Award phase begins. The final award decisions rest solely in the hands of the federal agency staff with fiduciary responsibility and legal authority to enter into a binding instrument, i.e., domestic grants (DG) and Cooperative Agreements (CA). Federal staff review and make award recommendations based on the programmatic and financial reviews of the applications.
These recommendations are reviewed within a series of levels to ensure compliance with all prescribed regulatory language.
Notice of Award
Once the final award decision is made, the awarding agency sends the notification to the entities selected for funding. The award package specifies key factors such as the award amount, performance measures, reporting requirements, etc. It is considered the formal, legally binding document. When you or your organization accepts the award (i.e., by signing the award package) you become legally obligated to carry out the full terms and conditions of the award or known as a grant or an agreement instrument. As an award recipient, you are also subject to federal statutory and regulatory requirements as outlined in the agreement.
Awardees are free to accept or reject the grant or cooperative agreement as awarded. The FS recognizes a recipient’s formal acceptance of the award upon the recipient’s provision of a signature on the award package. If an awardee chooses not to accept an award, the award form does not need to be signed; however, as a courtesy, a documented notification should be sent to the recipient’s FS staff such Grants Management Specialist (GMS) and Program Manager (PM) informing them of the withdraw.
Award: After the review of all applications, the awarding agency makes award determination and sends out notifications of award.
Post Award (Award Adminstration): This phase begins with a successful applicant, known as grantee, awardee or recipient. This phase consist of grant implementation, monitoring and reporting. This guide primarily address this phase.
Close Out: Closeout is when the grant process ends. In order to complete a closeout, award recipient, must submit the final financial and programmatic reports for Program Managers and other FS staff to review.
3 | Page
Composition of a FS Award
Composition of a FS award includes:
• A ward Notice: In most instances, FS transmits award notices to organizations via e-mail.
• Administrative Federal Award Requirements ( 2 CFR Chapter II )
• the budget, which indicates the amounts, by categories of expense, and any other requirements.
• any FS general conditions referenced in the award;
• the proposal referenced in the award;
• any FS program announcement, or other documents or special requirements incorporated in the award.
B. Grant Periods
Apart from fixed amount awards, a FS grant gives authority to the grantee to commit and expend funds for allowable costs in support of the project, up to the amount specified in the grant. This action can be performed at any time during the grant period. Expenditures may not be charged prior to the start date without prior approval from a program manager.
All funding agreements will be for a period of 5 years. All activities and expenses must be completed within 5 years of award. Funding agreements will not be extended beyond 5years.
Grantees will be expected to implement and demonstrate measurable progress within twelve ( 12) months of award.
Definitions
Execution Date or Award Date is the date of last signature on Forest Service Award.
Start Date- is the date specified in the grant notice on or after which, except for fixed amount awards, expenditures may be charged to the grant. Typically, the start date is the same as the execution date, however, there could in instances where the start date is after the execution (but should not be before, unless there is approval from an authorized FS personnel (i.e., Partnership Coordinator, Program Manager, Grants Management Specialist).
End Date- is the date specified in the grant notice after which expenditures may not be charged against the grant except to satisfy obligations to pay allowable project costs committed on or before that date.
Grant Period or Period of Performance- is the period between the start date and the end date of a Forest Service grant shown as the duration.
Budget Period- the period of time that a grantee can incur expenses. This time generally occurs during a period of performance but may be different based on the structure of your award. Please consult your Partnership Coordinator, Program Manager or Grants Management Specialist if you have questions.
Changes in a Grant Period
Once an award is made, the start date cannot be changed. However, grantees have the authority to incur pre - award costs by written approval from a Program Manager. The end date may be changed with an approved request for continued support, a no-cost grant extension, or with approval of a request for supplemental support.
When appropriate, the FS Grants Management Specialist will issue an amendment to the grant.
No-cost extension requests should be routed to the appropriate FS official (i.e., PM, GMS) for review and approval.
The final approval will come from the FS Grants & Agreements Specialist. If a request is approved, there will be amendment to the grant specifying a new end date.
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Grantees are cautioned not to make new commitments or incur new expenditures after the end date of the approved budget period.
The request must explain the need for the extension and include an estimate of the unobligated funds remaining and a plan for their use. Unobligated funds that remain at the end of the grant is not in itself sufficient justification for an extension. The plan must adhere to the previously approved objectives of the project.
C. Domestic Grant & Cooperative Agreement Checklist
FORM NUMBER FORM TITLE REQUIREMENT TO USE
SF-424 Application for Federal Assistance Always required.
SF-424A Budget Information – Non-Construction
Programs
Required for non-construction
projects.
SF-424B Assurances – Non-Construction Programs Required for non-construction projects.
Project Narrative Detailed description of project activities. Always required.
Expanded/Detailed
Project Budget Detailed Budget - Optional format is available Always required.
AD-1047 Certification Regarding Debarment, Suspension,
and Other Responsibility Matters Always required.
AD-1048
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transactions
Require when a contractual line is
included in the budget. ONLY for
use with a subrecipient. The
recipient keeps the form in their
records and does not submit to the
Forest Service.
AD-1049 Certification Regarding Drug-Free Workplace
Requirements
Required for all new packages,
except for individuals and State
governments.
AD-1052 Certification Regarding Drug-Free Workplace
Requirements, State and State Agencies
Required for all new packages that
are with State agencies.
AD-3030
Representations Regarding Felony Conviction
And Tax Delinquent Status For Corporate
Applicants
Required for profit or non-profit
entity that has filed articles of
incorporation.
SF-LLL Certification Regarding Lobbying
Disclosure of Lobbying Activities
This may be required when an
award exceeds $100,000.
NICRA Negotiated Indirect Cost Rate Agreement
Required if Grantee/Cooperator is
asking for reimbursement of
indirect costs and not using the Di
Minimus rate of 10%.
D. Pass Through Funding (Sub-Awards)
Section D applies only to Pass-Through Funding Entities selected to administer a national, regional, or sub-regional level competitive sub-award program. Pass Through Funding Entities greatly expand the capacity of the USDA Forest Service to expedite funding to small community-based organizations and other administratively and technically burdened partners serving disadvantaged communities.
F
unding to Pass-Through Entities will be executed through a grant, or a cooperative agreement with substantial Forest Service involvement, at the full discretion of the USDA Forest Service.
Pass-Through Funding Entities with national sub-award portfolios will be managed through the Urban and Community Forestry Program in the Washington Office, and will be comprised of :
5 | Page
1) A suite of pre-selected applications submitted through the USDA Forest Service Urban and Community Forestry IRA NOFO grant portal that are below the minimum funding threshold for direct award by the USDA Forest Service; and
2) Applications competitively awarded directly by the Pass-Through Funding Entity.
All national, regional and sub-regional Pass Through Funding Entities administering a competitive sub award program must comply with the following requirements:
1. Competitively subaward a minimum of 80% of funding to community-based organizations, or other partners serving disadvantaged communities.
2. Design an equal opportunity competitive project application submission and evaluation process that alleviates burden, including but not limited to technical and administrative burden, on small, capacity - constrained applicants.
3. Develop outreach efforts and plans to reach all underserved or disadvantaged communities, especially urban communities, tribal governments and indigenous communities, youth, and public minority land grant institutions, for awareness of the availability of sub-award funding.
4. Develop a sub-award process that ensures efficient and effective fund dispersal and completion of sub- awardee projects within a 1year period. All sub-awardee projects must be completed within the five-year, Pass-Through Entity grant performance period.
5. Create an efficient progress and financial tracking and accomplishment reporting system for Urban and Community Forestry IRA sub-award projects.
6. Manage the application in-take processes, evaluations, subawards process, project risk through ongoing monitoring, and project tracking and reporting for communities. Subawards to communities will not be individually approved by the Forest Service. Submit timely financial and progress reports and success stories (brief project description and outcomes, with project photographs and recipient testimonials where feasible) with the USDA Forest Service.
7. Assist sub-awardee with development and distribution of communications and promotional materials that support the funded program of work and reflect IRA as the source of funding.
Part II: Grant Administration
The post award phase comprises a significant amount of work over the duration of the award dates, which includes implementing the grant, reporting progress, and completing the closeout requirements. The federal agency that makes the award to you is also there to assist and ensure you or your organization complies with the grant terms and conditions.
E. Terms and Definitions
Advance Payment - means a payment that FS makes by any appropriate payment mechanism, including a predetermined payment schedule, before the grantee disburses the funds for program. purposes.
Cognizant - Having a legal awareness or jurisdiction over an award. This is usually a FS employee, such as, a Grants Management Specialist or Program Manager.
Community Based Organization - means a public or nonprofit organization that supports and/or represents a community and/or certain populations within a community through engagement, education, and other related services provided to individual community residents and community stakeholders. A “community” can be characterized by a particular geographic area and/or by the relationships among members with similar interests and can be characterized as part of a broader national or regional community where organizations can be focused on the needs of urban, rural and/or tribal areas, and other similar groups.
Cooperative Agreement - Cooperative agreement means a legal instrument of financial assistance between a 6 | Page
Federal awarding agency and a recipient or a pass-through entity and a subrecipient that, consistent with 31 U.S.C. 6302–6305:
(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3) ); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use; (2) Is distinguished from a grant in that it provides for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. (3) The term does not include:
(i) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (ii) An agreement that provides only:
(A) Direct United States Government cash assistance to an individual; (B) A subsidy;
(C) A loan;
(D) A loan guarantee; or
(E) Insurance.
Disbursements/Outlays/Expenditures – means charges made by the grantee to a project or program for which an FS award was received.
Domestic Grant Agreement - Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302 ,
6304:
(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3) ); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; (2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. (3) Does not include an agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(vi) A loan guarantee; or
(v) Insurance.
Grantee - means the organization or other entity that receives a grant and assumes legal and financial responsibility and accountability both for the awarded funds and for the performance of the grant-supported activity. FS grants are normally made to organizations rather than to individual Principal Investigator/Project Director(s). Categories of eligible proposers may be found in GPG Chapter I.E.
Obligations – means funds authorized by an FS Signatory Official for a specific FS award creating a balance payable to a grantee.
Grantee Obligations – means orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the grantee during the same or a future period.
Instrument - a means by which something is affected or done. A legal document or policy giving agency to a partner or grantee.
Payments – means the funds transferred from FS to the grantee by electronic funds transfer (Automated Clearing House (ACH)) and on some rare occasions by check or by wire for same day electronic funds transfer or international payments.
Pass-through entity (PTE) – means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
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Unliquidated Obligations – for grantee financial reports prepared on a cash basis, means obligations incurred by the grantee that have not been paid (liquidated). For grantee reports prepared on an accrual expenditure basis, means obligations incurred by the grantee for which an expenditure has not been recorded.
Unobligated Balance – means the amount of funds under an FS award that the grantee has not obligated. The amount is computed by subtracting the cumulative amount of the grantee’s unliquidated obligations and expenditures of funds under the FS award from the cumulative amount of the funds that FS has authorized the grantee to obligate.
Sub-Award - an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient - an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass- through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Program Income - means gross income earned by the grantee that is directly generated by a supported activity or earned as a result of the grant during the period of performance. Program income includes, but is not limited to, income from fees for services performed, the use of rental or real or personal property acquired under the grant, the sale of commodities or items fabricated under the grant, license fees and royalties on patents and copyrights, and principal and interest on loans made with grant funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the grant, program income does not include rebates, credits, discounts, and interest earned on any of them.
Suspension - means an action by FS that temporarily withholds Federal support of a project pending corrective action by the grantee or a decision by FS to terminate the grant.
Termination - means the ending of the FS award, in whole or in part at any time prior to the planned end of the period of performance.
F. Monitoring Project Performance
Roles and Responsibilities
Grantees: Domestic Grant Award grantee has full responsibility for the conduct of the project or activity supported under an FS grant and for the results achieved. A Cooperative Agreement is distinguished from a domestic grant in that it provides for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. Regardless of award type, all grantees should monitor the performance of the project to assure adherence to performance goals, time schedules or other requirements as appropriate to the project or the terms and conditions of the grant. To carry out these responsibilities, each grantee organization shall agree to comply with the applicable Federal requirements for grants and to the prudent management of a ll expenditures and actions affecting the grant. Documentation for each expenditure or action affecting the grant shall reflect appropriate organizational reviews or approvals, which should be made in advance of the action.
Organizational reviews are intended to help assure that expenditures are allowable, necessary, and reasonable for the conduct of the project, and that the proposed action:
• is consistent with grant terms and conditions;
• is consistent with FS and grantee policies;
• represents effective utilization of resources; and
• does not constitute changes in objectives or scope.
Forest Service Program Managers (PM): A PM may conduct a review on behalf of the agency. They can review project accomplishments, grantee management control systems and administration and management of the grant and to provide technical assistance as may be required. If any site visit is made by the FS on the premises of the 8 | Page
grantee or a subrecipient under a grant, the grantee shall provide and shall require its subrecipients to provide all reasonable facilities and assistance for the safety and convenience of the FS representatives. PMs are generally responsible with the following:
• Monitoring of financial and performance standards
• Evaluating project data to ensure compliance with the grant agreement. • Completing desk audits or site visits as needed.
• Reviewing invoices (SF-270) for accuracy and approval of payments • Monitoring financial capability
• M aintain an ongoing, periodic assessment of current and cumulative project activities for all their grants and agreements.
Grants Management Specialist (GMS):
• A ssist the PM as needed to provide direction regarding equipment justification, purchase, reporting, and disposition.
• Ensuring that any required forms are completed and placed in the official files. • Upon disposition of equipment, the GMS follow the collection process through to completion in financial systems.
Notwithstanding these responsibilities, FS continues to encourage communication between grantees, PMs, and GMS on the progress of projects supported by FS as well as on project changes.
Support under Continuing Grants
Unless otherwise provided for in the original grant notice, each increment of a continuing grant will be funded at the level indicated in the original award notice without a formal request, subject to FS’s judgment of satisfactory progress, availability of funds, and receipt and approval of the required annual report. FS makes every attempt to honor continuing grant commitments.
G. Changes & Prior Approval
Budget Revisions
FS understands the need for flexibility in adhering to the proposal budget and allow for changes in various line items, provided such changes do not affect the scope of work. This means that actual expenditures in many budget categories may vary from the original proposal. However, there may be limitations on shifts into or out of certain expense categories; may not allow any single expense category to be “overdrawn;” or may limit the budget changes to a certain dollar amount or percentage. Because rebudgeting is could be a key or significant change, prior approval may be needed. Prior approval should generally be requested in the following instances:
• If the rebudgeting will involve moving substantial sums into or out of a budget category • If the rebudgeting will result in a change in the scope of work regardless of the dollar amount being re- budgeted.
• .
• Scope
• Significant changes from what was originally proposed and approved always require notification and/or approval from the appropriate FS official (i.e., PM, GMS). Grantees are advised to contact appropriate FS official as soon as possible in the following situations: changes in objectives or scope, changes in methodology, and significant changes, delays or events of unusual interest.
The request must be signed and submitted, and FS authorization will be indicated by an amendment to the grant signed by the GMS. The grant terms and conditions will identify which articles flow -down to subrecipients.
Key Personnel
Grantee must request approval for a change in Key Personnel identified in the grant award. The regulation defines 9 | Page
a change in Key Personnel as the replacement or change in status (such as an absence for any continuous period of 3 months or more, or a significant reduction of time devoted to the from the level in the approved application.
Cost Sharing
Most Forest Service awards of Federal Financial Assistance require a cost share or match. The terms are used interchangeably. Cost sharing or matching means the portion of project costs not paid by Federal funds. Match may be comprised of an organization’s cost for salary, travel, materials and supplies, and even indirect costs.
Match can be contributed through employees paid by another non-Federal organization or volunteers working to accomplish the project. Cost sharing or matching is addressed in detail in the OMB grant regulations in 2 CFR
200, specifically §200.306 goes into detail about the requirements for match.
There are two kinds of matching/cost-share: cash and third-party in-kind. Cash includes cash spent for project- related costs. The allowable cash match must include costs that are necessary, reasonable, and allowable (further explained below) under the federal program.
Matching and cost share funds have the same restrictions as federal funds. These funds must follow the same allowable and unallowable guidelines in their federal award. If, for example, a conference is unallowable under the grant award that has matching requirements, then grantees would not be able to use the matching funds instead.
The expense must be allowable with federal funds for it to be allowable with matching or cost share funds.
Third Party In-Kind includes, but is not limited to, the valuation of non-cash contributions provided by a third party.
An in-kind match may be in the form of services, supplies, real property, and equipment. The value of the service may be used for the matching requirements, if the services are necessary, reasonable, and allowable under that federal program. Grantees are allowed to use unrecovered indirect costs for matching or cost sharing requirements; however, this requires prior approval. Third-party in-kind matching—such as supplies, equipment, or space—the value must not exceed the fair market value at the time of the donation.
Grantees are required to maintain records, which clearly show the source, amount, and timing for all matched contributions. While grantees are not required to submit their supporting documentation to the FS, their records must be available in the event of an audit or site visit.
Match Waiver: Any Non-Federal cost-share requirement otherwise applicable to projects carried out under this section may be waived at the discretion of the Secretary. Match may be waived for proposals that deliver 100 percent of the funding/program benefits to disadvantaged communities.
All work must be tracked at the level that designates disadvantaged communities . Applicants receiving match waiver approval that pass-through funding (sub-award) for work in disadvantaged communities must pass the match waiver to sub-awardees performing the work.
While the pace of federal expenditures and cost sharing/matching may vary throughout the award period, the agency will actively monitor expenditure rates and cost sharing/matching levels as it receives payment requests to ensure the total cost sharing/matching requirement is met by the award period of performance end date. Additional details about cost sharing or matching funds/contributions are located at 2 CFR 200.306.
Reporting Requirements
The Forest Service requires project reports for all assistance awards through various programmatic and financial reporting procedures. These reports also provide FS program officials with information on the progress of supported projects and the way these funds are used, maintain transparency, and prevent fraud and abuse.
Information in these reports may be made available to the general public through the Freedom of Information Act (FOIA).
The USDA Forest Service typically has a Grant Management Specialist and a Program Manager assigned to each grant, both of which will maintain throughout the life of the grant. Both will administer the grant including reviewing reports, conducting site visits and ensure performance objectives are met. Grantees are encouraged to build an open line of communication with these staff members to be proactive, clarify grant terms or expectations, thus 10 | Page
preventing performance issues down the line.
Types of Reporting
Financial Reporting:
Standard Form SF-425 must be used for financial reporting.
The submission of an interim SF-425 must be submitted on a semi-annual basis. A final SF-425 must be submitted at the completion of the award. The following reporting period end dates will be used: 6/30 and 12/31. For final SF-425s, the reporting period end date must be the end date of the project or grant period (see table below) Semi-annual interim reports must be submitted no later than 30 days after the end of each reporting period. . Final reports will be submitted no later than 120 days after the project or grant period end date.
Performance Reporting:
Optional Project Performance Report, FS-1500-23, may be used for Federal Financial assistance progress reporting. Alternatively, the recipient may utilize reporting templates provided by the Regional Grants and Agreement Office, or the recipient’s own reporting format to fulfill the progress reporting requirement of the agreement provided the information includes:
• Recipient’s name
• Federal Identifier Number
• Reporting period
• Written, narrative summary of project progress including quantitative and qualitative data and success stories, photos, etc. that illustrate performance progress,
Reporting Frequency
For Federal financial assistance, monitoring and reporting program performance requires that recipients provide a performance report of the project no less frequent than annually and no more frequent than quarterly . Semi- annual financial and performance reports are required for IRA grants: Financial and Progress reports will be submitted for the periods ending June 30 and December 31. Reports are due 30 days from the period end. Timely submittal of financial and performance reports for each grant as indicated in your award agreement will be required.
Performance reports should highlight direct quantitative and qualitative investment activities and outcomes and include success stories and photographs that illustrate these. If a justified request is submitted by a recipient, the Program Manager may extend the due date for any performance report.
The FS Program Manager should ensure that all required performance reports are received from the performing entity. If the recipient fails to provide a performance report, or performance report reveal significantly delays or problems, FS may be required to take additional action, such as taking steps to obtain additional information, suspend the grant, or withhold payments until the required reports are obtained.
Report Due Form Required Frequency Due Date
Advance/Reimbursement Request SF-270 Monthly-Quarterly
Financial Report SF-425 Semi-annually 7/30 & 1/30
Performance Report Not specified or
optional FS-1500-23
Semi-annually 7/30 & 1/30
Final Report SF-425 Once per grant
period
120 days after
Period of
Performance Ends
Final Performance Report
The Final Performance Report should address progress in all activities of the project. This report is cumulative; it is the final report of the project and covers the entire grant period.. You may send a Final Performance Report to 11 | Page
your program monitor for review before officially submitting it. Unless otherwise specified in the award, the final performance report should be submitted electronically no later than 120 days following expiration of the grant. The report becomes overdue the day after the 120-day period ends.
Final Financial Report
A Federal Financial Report, SF-425, is due at the above schedule per the award. We recommend that grant match is documented in each financial report. The Final Financial Report should cover the entire grant period. Unless otherwise specified in the award, the Final Financial Report should be submitted electronically no later than 120 days following expiration of the grant. The report becomes overdue the day after the 120-day period ends.
In addition, the grantee also shall provide to the cognizant FS Program Officer, within 120 days following the expiration of the grant:
• any unique reports or other end items specified in the award, including any reporting requirements set forth in any FS brochure, guide, solicitation, etc., referenced in the award as being directly related to either the award or the administration of the award.
• a final cost share notification documented for awards where there is mandatory cost sharing established for the program.
H. Grant Closeout
Grant closeout is the process by which FS determines that all applicable administrative actions and all required work of the grant have been completed. The close out amount will be based on the costs recorded at that time. In the event a final audit has not been performed prior to the closeout of the grant, FS reserves the right to recover appropriate amounts after fully considering the recommendations on disallowed costs resulting from the final audit.
Grantee shall, no later than 120 calendar days after the end date of the period of performance (Grant Expiration), all financial, performance, and other reports as required by the terms and conditions of the Federal award. A subrecipient must submit to the pass-through entity, no later than 90 calendar days (or an earlier date as agreed upon by the pass-through entity and subrecipient) after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity may approve extensions when requested and justified by the non-Federal entity, as applicable.
In addition, grantee must promptly refund any balances of unobligated cash that the Federal awarding agency or pass-through entity paid in advance or paid and that are not authorized to be retained by the non- Federal entity for use in other projects. See OMB Circular A-129 and see § 200.346, for requirements regarding unreturned amounts that become delinquent debts.
Grantee must account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 CFR 200 Subpart D
.
I. Record Retention and Audit
Per 2 CFR § 200.334, Financial records, supporting documents, statistical records, and all other non- Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are the following:
(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
12 | Page
(b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period.
(c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
(d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3-year retention requirement is not applicable to the non-Federal entity.
(e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from t he end of the non-Federal entity's fiscal year in which the program income is earned.
(f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3- year retention period for its supporting records starts from the date of such submission.
(2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3- year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 13 | Page
Part III - Financial Requirements and Payments
The acceptance of an award from FS creates a legal duty on the part of the grantee organization to use the funds or property made available in accordance with the terms and conditions of the award. Payments may be made in advance of work performed or as a reimbursement for work performed and/or costs incurred by the grantee.
Payments, however, may not be made in advance of an award being signed by an FS Grants & Agreements Specialist for the project period.
FS has a reversionary interest in the unused balance of advance payments, in any funds improperly applied (whether or not received as an advance payment), and in property acquired through the award, to which FS specifically either retains title or reserves the right to require title transfer.
Requests for payment must be submitted on Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be submitted no more than monthly. To approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations.
Advance payments must not exceed the minimum amount needed or no more than is needed for a 30- day period, whichever is less. If the Recipient receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award must be returned to the Forest Service. The Program Manager reserves the right to request additional information prior to approving a payment.
FS grantees are required to have financial management systems that meet the requirements of 2 CFR § 200.302 .
J. Payment Requirements
Requesting Payments
The standard form 270 invoice is required payment of grant funds. This form is to be completed at least quarterly and no more than monthly. Invoices can be sent to your program manager through the Albuquerque Service Center (ASC).
EMAIL (preferred): [email protected]
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
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Payment Process
Request for Advance
Grantees may submit requests for payments either quarterly or monthly and are authorized to receive payments from FS in advance of costs incurred provided that the following conditions exist:
• Funds for the project period have been obligated by a Grants & Agreements Specialist in the form of an electronically signed grant;
• The grantee has established written procedures that will minimize the time elapsing between the transfer of funds from the US Treasury and their disbursement by the grantee; and
• The grantee’s financial management system meets the standards for fund control and accountability prescribed in 2 CFR § 200.302.
• Grantees shall maintain advances of FS funds in interest bearing accounts as specified in the award.
Grantee Banking Information for Payments
The System for Award Management (SAM) is the FS system of record for organizational financial information.
Once a grant is awarded, failure to maintain current and complete financial information within SAM could prevent the grantee from receiving funds.
Final Unobligated Balance
FS has a reversionary interest in the unobligated balance of an award upon the end date or completion of the award. Based on final payment amounts submitted; the final unobligated balance will be computed by FS and deobligated from the award amount.
Erroneous Payments
Advances or reimbursements made in error must be refunded to the FS.
Other Cost Credits
Purchase discounts, rebates, allowances, credits resulting from overhead rate adjustments and other credits relating to any allowable cost received by or accruing to the grantee shall be credited against FS award costs if the award has not been financially closed out.
Complete SF-270 Invoice
• Submitted
monthly/quarterly
• requested fund must not
exceed the obligated
amount.
Submit to Albuquerque
Service Center (ASC).
• Email:
• [email protected]
• Fax: 877-687-4894
• Mail
Payment Approval
• Payment is approved!
• Payment is rejected and
recipient is notified.
Payment is Sent
• ASC sends pymt to grantee
organization.
• Payment is received via
direct deposit.
• Contact the Program
Manage regarding any
payment issues.
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Part IV: Grantee Standards
2 CFR § 200 prescribes three separate sets of standards related to the financial and program management of Federal grants, each governing a different area: financial management, property management, and procurement management.
K. Financial Management Systems Standards
Recipients are required to meet the standards and requirements for financial management systems set forth or referenced in 2 CFR Part 200.302, as applicable. The standards and requirements for a financial management system are essential to the grant relationship.
Recipients must have in place accounting and internal control systems that provide for appropriate monitoring of grant accounts to ensure that obligations and expenditures are reasonable, allocable, and allowable. Internal controls in accounting are procedures that are put in place within an organization to ensure business is carried out in an orderly, effective, and accurate manner. In addition, the systems must be able to identify large unobl igated balances, accelerated expenditures, inappropriate cost transfers, and other inappropriate obligation and expenditure of funds.
L. Property Management Standards
2 CFR §§ 200.310-316 pr escribe standards for managing and disposing of property furnished by the Federal government or whose cost was charged to a project supported by a Federal grant. In the rare instances where FS grants involve the acquisition of real property, the real property standards of 2 CFR § 200.311 ar e applicable to such FS grants.. The title to materials developed and supplies purchased under an FS grant will vest in the grantee. State governments will use, manage, and dispose of equipment acquired under a grant in accordance with state laws and procedures as specified in.
Equipment
Equipment purchases are rarely approved and will be reviewed prior to grant award. Equipment rental or short - term leasing contracts within the grant period should be considered as an alternative. Equipment is defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.
Equipment can only be purchased with Federal funds with written approval of Federal Awarding agency ( 2 CFR 200.439). Instructions for how to handle equipment purchased can be found in 2 CFR 200.313 . In addition, review the award carefully to address any additional equipment requirements. Below is a synopsis to give you a broad understanding, it is recommended to carefully review the entire equipment section referenced in 2 CFR 200.
• Mus
t get written prior approval to purchase
• The Title will Vest upon acquisition with the Non-Federal entity • The equipment must be properly used and disposed of.
• Equipment must be used in the program or project for which it was acquired. • Very Detailed records must be kept of the Equipment and damage, or loss must be investigated. • Must be maintained
• When no longer needed the equipment must be disposed of according to awarding agency.
General Purpose Equipment
Expenditures for general purpose equipment are typically not available for support.
Equipment Usage
The equipment must remain in use for the specific project for which it was obtained in accordance with 2 CFR § 200.313 unless the provision in 2 CFR § 200.313(c)(4) applies.
16 | Page
Equipment Sharing
The equipment must be shared on other projects or programs in accordance with 2 CFR § 200.313(c)(1).
Property Management Standards
The grantee shall maintain a property management system which, at a minimum, meets the requirements of 2 CFR § 200.313(d).
Competition
In accordance with 2 CFR § 200.313(c)(3), grantees shall not use equipment acquired with Federal funds to provide services to non-Federal outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by statute, for as long as the Federal Government retains an interest in the equipment.
Right to Transfer Title
In accordance with 2 CFR § 200.313(e), FS may identify items of equipment having a unit acquisition cost of $5,000 or more where FS reserves the right to transfer the title to the Federal government or to a third party named by the Federal government.
In such cases where FS elects to transfer the title, disposition instructions will be issued no later than 120 days after the end date of the FS-supported project for which it was acquired.
Property Management Standards When Title Retained by FS In the event that title to equipment or property is vested in the Federal Government, such property shall be marked, tagged or segregated in such a manner as to indicate clearly its ownership by the government. Unless otherwise provided in the grant, such government property shall be used only for the performance of the project.
The grantee shall submit an annual inventory report by FS grant number of such property having an original acquisition cost of $5,000 or more.
M. Procurement Standards
Recipients may acquire a variety of goods or services in connection with a grant -supported project, ranging from those that are routinely purchased goods or services to those that involve substantive programmatic work. States may follow the same policies and procedures they use for procurements from non- Federal funds and ensure that every purchase order or other contract includes any clauses required by 2 CFR Part 200.327 . All other recipients must follow the requirements in 2 CFR Part 200.317 through 200.327 and the purchase of goods or services through contracts under grants, as applicable.
17 | Page
Part V: Allowability of Costs
Uniform Guidance is a government-wide framework for grants management. It is an authoritative set of rules and requirements for Federal awards, including post-award administration. Code of Federal Regulations (CFR) – Chapter II, Part 200 covers Grants and Agreements. You will see Subpart A-F ; Subpart E addresses cost principles that might be beneficial to review while administering your grant.
N. Basic Considerations
Allowable
The cost must be allowable under 2 CFR 200 Section E – C ost Principles. Keep in mind that for a cost to be considered allowable, it must also be included in the approved budget/budget breakdown for the grant. This means that the program manager is knowledgeable about the cost and approves. Costs expressly unallowable or mutually agreed to be unallowable should be identified and excluded from any billing, claim, application, or proposal related to the award. Inclusion of an unallowable cost in a proposal does not make the cost allowable.
Adding a justification to an unallowable cost in a proposal also does not make the cost allowable.
Allocable
The cost must be able to be properly allocated to the grant. Is this a portion of a larger cost incurred to the recipient organization? Does it benefit the Award and/or other funding sources? Can it be distributed to all benefited funding sources using reasonable methods? Does the basis for allocating the cost represent a reasonable estimation of the benefit provided to the Award objectives? There must be a methodology in place to demonstrated how the costs were allocated to the grant and other cost centers of the recipient. Proper allocation of costs that benefit the entire operation of the recipient is usually accomplished through an indirect rate (NICRA or de minimis).
Reasonable
A cost is considered reasonable if the nature of the goods or services, and the price paid for the goods or services, reflects the action that a prudent person would have taken given the prevailing circumstances at the time the decision to incur the cost was made. To determine if a cost is reasonable, ask the following questions:
Is the cost necessary for the performance of the award? Does incurring this cost violate the restraints or requirements imposed by federal and state laws and regulations, or the award’s terms and conditions?
Is the price of the goods or services comparable from multiple vendors/sources that have no vested interest or relationship to the award or to the person involved in the purchase? Have the individuals incurring this cost acted with due prudence (discretion and good sense) in the circumstances? Have they considered their responsibilities to the institution, its employees and students, the federal government, and the public at large?
Were the actions that were taken in respect to incurring the cost consistent with established institutional policies and practices applicable to the awards?
Consistent
Costs must be treated consistently and applied uniformly to all recipient programs whether federally funded or not.
All costs incurred for the same purpose and in like circumstances must be treated uniformly either as direct costs or as indirect (facilities and administrative or F&A) costs. Since certain costs, such as administrative salaries and office supplies, are normally treated as F&A costs, these costs cannot be charged directly to federal awards unless the circumstances of an award are clearly different from the normal operations of the unit. If a rate methodology is selected for valuing volunteers, the same methodology must be used consistently throughout.
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Volunteer Time
For volunteer services, the rates must be consistent with the rates normally paid for similar work in the organization. If an employee from another organization conducts services free of charge, the services should be valued at that employee's regular rate of pay, in addition to their fringe benefits and allowable indirect costs. There are online resources to help you determine the value of volunteer time, such as:
https://independentsector.org/resource/value-of-volunteer-time/ . It is important to maintain a record for tracking
and reporting volunteer time and services.
The following uses the basic considerations applicable under volunteer time:
• Allowable: is the work that’s being performed allowable? Volunteers and staff time are generally allowable, but the work being performed must also be considered. If they are fundraising for the recipient organization, that is not an allowable expense, and that time or cost may not be used as match.
• Allocable: is the volunteer working on only the grant funded project or are they working on a number of different projects for the recipient organization. If so, what is the methodology to allocate the hours to each project and is it documented?
• Reasonable: There are several different organizations that provide rates for volunteers. The recipient organization must decide if the rate is reasonable for the work performed in their area. If the organization were paying for the work rather than valuing the hours, is that a rate they would pay? Does it track with the actual costs for the recipient organization? For example, if staff members work on a project side by side with volunteers are their rates consistent? Or is the staff member cost (wages and fringe) $16/hour and the volunteer valued at $23.25/hour for the performance of similar work? There can be disparity, but the reasonableness and basis of the rates must be considered and documented.
• Consistent: Are the values for volunteers used consistently on both the federal award and other work? A recipient organization should pick a methodology and stick to it unless there’s compelling and documented reason for change.
Volunteers that are not paid by any party for their services. These volunteers are performing work in support of a grant funded project or program: A good example of this type of volunteer might be community members that volunteer to plant trees in a city park on a Saturday morning. They show up with their shovels ready to go to work. To document the volunteer time, there must be a sign-in sheet that includes the time each volunteer spent working on the project. A good source for reasonable, documented rates for volunteers may be found at the Bureau of Labor and Statistics website at U.S. Bureau of Labor Statistics (bls.gov). Another source is Value of
Volunteer Time Report | Independent Sector Resources. A copy of the document show ing the rate should be placed in the file. Children may not be included as volunteers.
Employees of another organization
Employees of organizations like non-profits or local governments that are working on the grant funded project or program may be counted as third-party in-kind or categorized as subrecipients, depending on the relationship with the organization. In this case, the time spent must follow the regulations above and be recorded in the same manner as salaries and wages would be recorded for reimbursement. Simply put, an employee’s time must be recorded on some manner of timesheet or system to reflect all of their time worked and break out the actual time spent on the grant funded project. See §200.430(i) (1). The actual cost of these employees, including fringe, may be used as cost share or match.
Other Considerations
Maximum Obligation
The maximum obligation of FS for support of the project will not exceed the amount specified in the grant, as amended. FS does not amend grants to provide additional funds for such purposes as reimbursement for unrecovered indirect costs resulting from the establishment of final negotiated rates, or for increases in salaries, fringe benefits and other costs.
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Pre-Award Costs
Grantees may incur allowable pre-award costs within the 90-day period immediately preceding the start date of the grant providing:
• The Grantee seeks and attains respective FS Grant Manager (national or regional, as applicable) approval and complies with respective national or regional guidance for advances and pre-award costs; and
•
FS approval of a request for advanced spending is documented in accordance with the grantee's procedures; and
• the advanced funding is necessary for the effective and economical conduct of the project.
Pre-award expenditures are made at the grantee's risk. Grantee authority to approve pre- award costs does not impose an obligation on FS: (1) in the absence of appropriations; (2) if an award is not subsequently made; or (3) if an award is made for a lesser amount than the grantee anticipated.
Requests for pre-award costs for periods exceeding 90 days must be submitted to FS via use of FS’s electronic systems. Pre-award expenditures prior to funding of an increment within a continuing grant are not subject to this limitation or approval requirement but are subject to paragraph (ii) above.
Post-End Date Costs
FS funds may not be expended subsequent to the end date of the grant, except to liquidate valid commitments that were made on or before the end date, e.g., commitment of project funds for subrecipient or contractor for services rendered during that award period but not billed to the grantee until after the grant expired. Generally, the costs of equipment or materials and supplies ordered after the end date, may not be charged to the project.
In addition, the grantee typically should not purchase items of equipment, computing devices, or restock materials and supplies in anticipation of grant expiration where there is little or no time left for such items to be utilized in the actual conduct of the research.
However, in accordance with 2 CFR § 200.461, Publication and Printing costs, awardees may charge the FS award before closeout for the costs of publication or sharing of research results, if the costs are not incurred during the period of performance of the award.
Prior Written Approvals
The funding of items identified in the FS award budget constitutes FS’s authorization for the grantee to incur these costs, provided there is not a specific limitation in the grant language and the costs are otherwise allowable, allocable, and reasonable in accordance with the cost principles contained in 2 CFR § 200, Subpart E. If required in furtherance of the project, the grantee is authorized to transfer funds from one budget category to another for allowable expenditures. Grantees should refer to the applicable grant terms and conditions referenced in the grant.
When a change requires FS approval, the request must be submitted to the appropriate FS official. The request should clearly state which budget items, if any, are to be changed and by what amounts, and should explain the reasons for any changes.
O. Direct Costs
Compensation - Personal Services
Salaries and Wages
Compensation paid or accrued by the organization for employees working on the FS-supported project during the grant period is allowable, in accordance with 2 CFR § 200.430. 20 | Page
Fringe Benefits
If the recipient’s usual accounting practices provide that its contributions to employee benefits (leave, employee insurance, social security, retirement, other payroll-related taxes, etc.) be treated as direct costs, FS grant funds may be requested to fund fringe benefits as a direct cost. These are typically determined by application of a calculated fringe benefit rate for a particular class of employee (full time or part-time) applied to the salaries and wages requested. They also may be paid based on actual costs for individual employees, if that institutional policy has been approved by the cognizant federal agency.
Fringe benefits that are not accrued but are charged as direct costs and incurred under "pay as you go plans" may be subject to reasonableness determination where the benefits are earned under other work and charged to the last activity the employee was working on. This is of particular concern for large lump sum payments for leave, disability, pregnancy or other employee fringe benefits. See 2 CFR § 200.431 f or the definition and allowability of fringe benefits.
Administrative and Clerical Salaries & Wages
In accordance with 2 CFR § 200.413, t he salaries of administrative and clerical staff should normally be treated as indirect (F&A) costs. Direct charging of these may be appropriate only if all the conditions identified below are met:
• Administrative or clerical services are integral to a project or activity; • Individuals involved can be specifically identified with the project or activity; • Such costs are explicitly included in the approved budget or have the prior written approval of the cognizant FS Grants Officer; and
• The costs are not also recovered as indirect costs.
Federal Employees
Employees of the Federal government (other than FS) may be utilized as lecturers or staff members on a project and may receive compensation and/or expenses if they obtain prior approval from their agencies to participate, and if services to the project are performed outside their regular working hours or while they are on leave status from official duties. Under no circumstances may FS employees receive compensation from an FS-supported project.
P. Other Direct Costs
Rearrangements a nd Alterations (Construction)
• Except under certain programs, FS does not normally make grants for construction or facility improvements.
However, rearrangement and alteration costs that do not constitute construction (i.e., rearrangements and alterations aggregating less than $25,000) may be allowable under FS grants to adapt space or utilities within a completed structure to accomplish the objective of the FS-supported activity, provided that the:
• grantee is not an individual or a foreign organization;
• building has a usable life consistent with project purposes and is architecturally suitable for conversion;
• rearrangement and alteration are essential to the project supported by the grant; and
• space involved will actually be occupied by the project. In situations where the space is rented, in order for the costs of the rearrangement and alteration to be allowable, the grantee must secure a lease for the length of the project. (See AAG Chapter V.C.3.)
See 2 CFR § 200.462 f
or additional information on rearrangement and reconversion costs.
21 | Page
News Release Costs
Costs of communicating with the public and press to announce the results and accomplishments of an FS - supported project are allowable. Grantees should be aware of the restrictions on advertising, organizational promotion, and lobbying costs as outlined in the applicable cost principles. See 2 CFR § 200.421 f or addi tional information on advertising and public relations.
Rental or Le ase of Facilities or Special Purpose Equipment On occasion, it may be necessary to use facilities or equipment not under the control of the grantee. See 2 CF R § 200.465 f or additional information on rental costs of real property and equipment.
Relocation Costs
Relocation costs may be charged to an FS grant as other direct costs in accordance with the cost principles contained in 2 CFR § 200, Subpart E. See 2 CFR § 200.464 f or additional information on relocation costs.
Temporary D ependent Care Travel Costs
Temporary dependent care costs (a dependent is defined in 26 U.S.C. 152) above and beyond regular dependent care that directly results from travel to conferences are allowable costs provided that the costs are:
• a direct result of the individual’s travel for the FS conference award; • consistent with the awardee’s documented travel policy for all employee travel; and • only temporary during the travel period.
See 2 CFR § 200.474 f or additional information on travel costs.
Q. Indirect Costs
It is FS’s policy that grantees are entitled to reimbursement from grant funds for indirect costs (F&A) allocable to the FS share of allowable direct costs of a project. FS program staff are not authorized to negotiate indirect costs as a discrete item of a proposal budget. FS program staff also are not authorized to suggest or request that grantee seek reductions or waivers of indirect costs.
The awarded indirect cost rate is generally based upon a grantee’s current federally negotiated indirect cost rate agreement. When establishing an indirect rate for an award where the domestic grantee does not have a current negotiated rate agreement, FS will consider the rate proposed in the budget, the grantee’s indirect cost proposal submission, the amount of total funding requested and other pertinent financial factors. Supporting documentation is not required for organizations that request a de minimis rate of 10% (or less) of modified total direct costs.
Since some types of rates limit indirect cost recoveries and require adjustments, grantees receiving awards should ensure that they understand the type of indirect cost rate, the applicable base and the type of rate used in the grant.
FS C
ognizant Organizations
If the Forest Service (FS) is your cognizant Agency and you need to obtain a NICRA, please visit FS Resource Audit branch (RAB) Audit and Assurance Staff | US Forest Service (usda.gov). Refer to the Appendix for the FS NICRA application that you may be required to submit. Please contact the RAB before filling out the form bel 22 | Page
Part VI: Other Post Award Requirements and Considerations R. Common Federal Statutes
Non-D iscrimination Statutes
A number of statutes bar recipients of Federal financial assistance from excluding persons, because of their race, color, national origin, disability, sex, or age, from participation in Federally supported activities. These include Title VI of the Civil Rights Act of 1964 (barring discrimination on grounds of race, color, or national origin); Section 504 of the Rehabilitation Act of 1973 (barring discrimination against qualified individuals with disabilities); Title IX of the Educational Amendments of 1972 (barring sex discrimination in Federally assisted education programs or activities); and the Age Discrimination Act of 1975 (barring discrimination on the grounds of age). In addition to statutory prohibitions, Executive Order (E.O.) 11246 bars various types of discriminatory employment practices under grants for construction, and E.O. 13166 “Improving Access to Services for Persons with Limited English Proficiency” requires government agencies to take steps to provide meaningful access to its programs and activities to members of the public who are limited in their English proficiency (LEP).
Title VI of th
e Civil Rights Act of 1964
Section 602 of the Civil Rights Act of 1964 (42 USC § 2000d, et seq.) provides that no person in the US shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 requires that each Government agency which is empowered to extend such financial assistance issue rules or regulations implementing Title VI with respect to such programs or activities administered by the agency.
Section 50
4 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794) provides that “no otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Before any organization serves as a subrecipient on an FS grant (for other than the purchase of commercially available materials and supplies, equipment or general support services), it must first file an Assurance of Compliance with the grantee.
Section 504 Certification - Subrecipients
In lieu of requiring grantees to obtain separate certifications from subrecipients receiving financial assistance under an FS grant, grantees will include in all subawards (for other than the purchase of commercially available materials and supplies, equipment or general support services), a certification of compliance comparable to that included in FS grants.
Title IX of the Education Amendments of 1972 (Sex Discrimination) Subject to certain exceptions regarding admission policies at certain religious and military organizations, Title IX of the Education Amendments of 1972 (20 USC §§ 1681-1686) prohibits the exclusion of persons on the basis of sex from any education program or activity receiving Federal financial assistance. All FS grantees must comply with Title IX.
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.), provides that pursuant to regulations issued by DHHS “no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial 23 | Page
assistance.”
Equal Employment Opportunity under E.O. 11246
E.O. 11246, as amended, requires contractors and subcontractors performing Federally assisted construction projects to provide equal opportunity, without regard to race, color, religion, sex or national origin, to persons employed or seeking employment with them. This E.O. may apply to some FS grants for construction.
Limited English Proficiency (LEP) under E.O. 13166
E.O. 13166 requires government agencies to take steps to provide meaningful access to its programs and activities to members of the public who are limited in their English proficiency (LEP). The primary purpose of the E.O., in regard to Federally assisted and conducted programs, is to ensure that people for whom English is not a first language, people who may be said to be “limited” in their English proficiency, may still enjoy meaningful access to the programs and services offered by Federal agencies.
S. Suspension and Termination Procedures
A grant may be suspended or terminated in whole or in part in pursuant to 2 CFR 200.340 this includes:
• If the grantee fails to comply with the terms and conditions of the grant;
• to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
• mutual agreement of FS and the grantee; or
• the grantee on written notice to FS setting forth the reasons for such action, the effective date, and, in the case of partial termination, the portion to be terminated or suspended (with the understanding that if FS determines that the unterminated portion will not accomplish the purposes of the grant it may suspend or terminate the entire grant).
Normally, action by FS to suspend or terminate a grant will be taken only after the grantee has been informed by FS of the proposed action or informed of any deficiency on its part and given an opportunity to correct it. FS, however, may immediately suspend or terminate a grant without notice when it believes such action is reasonable to protect the interests of the government.
No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of FS, the grantee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the grant and the governing cost principles.
Within 30 days of the termination date the grantee will furnish a summary of progress under the grant and an itemized accounting of costs incurred prior to the termination date or pursuant to (iii) above. Final allowable costs under a termination settlement shall be in accordance with the terms of the grant, including this section, and the governing cost principles, giving due consideration to the progress under the grant. In no event will the total of FS payments under a terminated grant exceed the grant amount or the FS pro rata share when cost sharing was anticipated, whichever is less. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review FS will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the grantee has had an opportunity to exhaust the review procedures. Procedures for Suspension or Termination by FS
When it is believed that a grantee has failed to comply with one or more of the terms and conditions of a grant, the FS Grants & Agreements Specialist will normally advise the grantee in writing of the nature of the problem and that failure to correct the deficiency may result in suspension or termination of the grant. The grantee will be 24 | Page
requested to respond in writing within 30 calendar days of the date of such letter, describing the action taken or the plan designed to correct the deficiency. Copies of such correspondence will be furnished to the grantee and to the cognizant FS Program Officer. FS, however, may immediately suspend or terminate a grant without notice when it believes such action is reasonable to protect the interests of the government.
If a satisfactory response is not received within the above period, the FS Grants & Agreements Specialist may issue a notice immediately suspending authority to further obligate grant funds, in whole or in part. Notice of suspension is sent to the Authorized Organizational Representative, with a copy to the PI/PD. Within FS, copies are furnished to the FS Division of Financial Management and to the cognizant FS Program Officer. The notice will set forth the terms of the suspension and its effective date.
Normally, the suspension will remain in effect for a maximum of 60 days to allow the grantee to take corrective action. In the event that the deficiency is not corrected to the satisfaction of FS, the FS Grants & Agreements Specialist may issue a notice of termination, addressed as in b., above. The notice will set forth the reasons for the action and its effective date.
• The Forest Service reserves the right to terminate the award and de-obligate award funds when the grantee fails to demonstrate satisfactory performance and timely completion of project activities, or when financial and performance standards are non-compliant with the grant agreement.
T. Termination by Mutual Agreement
Circumstances may arise in which either FS or the grantee wishes to terminate a project. If both parties agree that continuation of the project would not produce results commensurate with the further expenditure of funds, or if there arises any other reason, the grant may be terminated by mutual agreement.
Procedures
If the grantee wishes to terminate the project, the grantee should advise the FS Grants & Agreements Specialist in writing and send a copy to the cognizant FS Program Officer.
If FS wishes to terminate the project, the FS Grants & Agreements Specialist will advise the in writing and send copies the cognizant FS Program Officer.
Within 30 days after receipt of request from either party for termination by mutual agreement, the other party will provide an appropriate written response. In the event of disagreement between the parties, the FS Grants & Agreements Specialist will make a final decision, subject to the review procedures and FS policies.
Following termination, grant closeout procedures will be initiated.
Appendix
Please refer to the separate appendix file for samples of forms and documents.
CONSENT CALENDAR 8.G.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ACCEPT THE GLEN COVE PARKWAY RE-LANDSCAPING PHASE 1 PROJECT (PROJECT NO. PWL002), PERFORMED BY COAST LANDSCAPE MANAGEMENT OF AMERICAN CANYON (NOW KNOWN AS BRIGHTVIEW LANDSCAPE SERVICES, INC.)
AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER’S OFFICE
RECOMMENDATION
Accept the Glen Cove Parkway Re-Landscaping Phase 1 Project (Project No. PWL002)(Project), performed by Coast Landscape Management of American Canyon (now known as Brightview Landscape Services, Inc., of Pasadena, California), as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
REASONS FOR RECOMMENDATION
The City Engineer has determined that the work was completed in compliance with the city-approved Plans and Specifications.
BACKGROUND AND DISCUSSION
On July 21, 2020, the City Council awarded a construction contract to Coast Landscape Management of American Canyon, California, in the amount of $590,539. The project is located on Glenn Cove Parkway between Robles Way and Bermuda Lane / Saybrook Way. The scope of work included the following:
• Removal of twelve trees, miscellaneous concrete, and asphalt. • Demolition and replacement of an existing entry monument in the median and two side monuments behind the sidewalk.
• Installation of an irrigation system, placement of mulch and soil preparation. • Planting of 2,623 shrubs and fifty 24-inch box trees.
Construction of the improvements was significantly delayed for a variety of reasons, including but not limited to: the Covid-19 pandemic; the purchase of Coast Landscape Management by Brightview Landscape Services, Inc.; changes to the specifications; and various delays caused by Pacific Gas & Electric. This delay caused the City to levy a significant Liquidated Damages charge to the Contractor in the amount of $130,000, which was mutually agreed upon by the City and Contractor.
No Contract Change Orders were issued for the Project, which was completed on March 8, 2024. Staff recommends accepting the Glen Cove Parkway Re- Landscaping Phase 1 Project (Project No. PWL002), performed by Coast Landscape Management of American Canyon (now known as Brightview Landscape Services, Inc. of Pasadena, California), as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
FISCAL IMPACT
Date: June 25, 2024
Subject: ACCEPT THE GLEN COVE PARKWAY RE-LANDSCAPING PHASE 1 PROJECT (PROJECT NO. PWL002), PERFORMED BY COAST LANDSCAPE MANAGEMENT
OF AMERICAN CANYON (NOW KNOWN AS BRIGHTVIEW LANDSCAPE
SERVICES, INC.) AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER’S OFFICE
There is no fiscal impact on the General Fund associated with this item. The Project was funded through the Capital Improvement Program under two projects: 1) Fund 185 - Glen Cove Parkway Re-Landscaping Improvements, and 2) Fund 201- Capital Outlay - Glen Cove Parkway Re-Landscaping Improvements. The total project budget and expenditures are as follows:
SOURCE BUDGET EXPENDITURES
Fund 185 – Glen Cove $300,000.00
Fund 201 – Capital Outlay $529,414.00
Design, Environmental, Staff Review (Consultant) ($56,826.25) Design Management (City staff time) ($68,509.61)
Construction Contract ($590,539.00)
Construction Management & Inspection (City staff time) ($10,396.39) Miscellaneous (6,533.61)
TOTALS $829,414.00 ($602,804.86)
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 project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304(b), which exempts minor alterations to the condition of land due to new landscaping.
ATTACHMENTS
1. Attachment 1 Location Map PWL002
CONTACT
Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]
Glen Cove Parkway
Relandscaping
Phase 1 (PWL002)
Location Map
Attachment 1
Project LocaƟon
7/28/20
CONSENT CALENDAR 8.H.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL
CONSULTING SERVICES FOR THE COMMERCIAL DEVELOPMENT PROJECT LOCATED AT 913-915 WILSON AVENUE (APNs: 0051-100-150; -160) 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 commercial development project located at 913-915 Wilson Avenue (APNs: 0051-100-150; -160) 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 at 913-915 Wilson Avenue (APNs: 0051-100-150; -160) is anticipated to require an Initial Study with a Mitigated Negative Declaration and contract assistance is needed to prepare the CEQA document.
BACKGROUND AND DISCUSSION
Staff issued an RFP to at least four environmental consultancy firms 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 the cost of the environmental consultant and 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_Wilson Avenue_CAO Stamp
2. LSA Environmental Consultant Agreement_Wilson Ave_CAO Stamp
3. Exhibit A tp ECA - Scope of Work
4. Exhibit B to ECA- Compensation
5. LSA Associates, Inc.'s Insurance Documents
CONTACT
Date: June 25, 2024
Subject: ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL
CONSULTING SERVICES FOR THE COMMERCIAL DEVELOPMENT PROJECT LOCATED AT 913-915 WILSON AVENUE (APNs: 0051-100-150; -160) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Gillian Haen, Assistant City Manager/Interim Planning & 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 COMMERCIAL DEVELOPMENT PROJECT AT 913-915 WILSON AVENUE (APNs: 0051-100-150; -160) 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 commercial development at a vacant site at 913-915 Wilson Avenue (APNs: 0051-100-150; -160) (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 these services in a timely manner; and
WHEREAS, LSA Associates, Inc. will prepare a CEQA Initial Study and a Mitigated Negative Declaration (MND), 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 $71,770.00, 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 commercial development at 913-915 Wilson Avenue (APNs: 0051-100-150; -160).
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 June 25, 2024 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT H. MCCONNELL, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
1 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
ENVIRONMENTAL CONSULTANT AGREEMENT
THIS ENVIRONMENTAL CONSULTANT AGREEMENT (“Agreement”) is made and entered into as of this 26th day of June 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 commercial development at a vacant site at 913-915 Wilson Avenue (APNs: 0051-100-150; -160) in Vallejo (“Project”), City is requiring the preparation of an Initial Study and Mitigated Negative Declaration (“MND”) 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 MND 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.
2 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
4. City shall pay Consultant for services rendered hereunder at the hourly rates of Consultant set forth in Exhibit "B ," attached hereto and incorporated herein by this reference, but not to exceed the maximum contract amount of $71,770.00. 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 $71,770.00.
5. A. Consultant will limit its project expenditures to the not to exceed amount of $71,770.00 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 3 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
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. 4 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
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
5 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
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, 6 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
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]
7 Environmental Consultant Agreement_ LSA Associates_ 913-915 Wilson Avenue Project
IN WITNESS WHEREOF that parties hereto have caused this Agreement to be executed as of the date first written above.
LSA Associates,
a California corporation
By:
Anthony Petros
CEO
DATE:
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City M anager
DATE:
11710922
Vallejo Business License No.
(City Seal)
ATTEST:
By:
Dawn G. Abrahamson
City Cler k
APPROVED AS TO CONTENT:
Gillian Haen
Assistant City Manager and Interim
Planning & Development Services
Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net April 8, 2024
Cesar Orozco
Senior Planner
City of Vallejo Planning and Development Services
6000 Heritage Trail
Clayton, CA 94517
[email protected]
Subject: Proposal to Prepare California Environmental Quality Act (CEQA) Documentation for the 913-915 Wilson Avenue Development Project
Dear Mr. Orozco:
LSA is pleased to submit this proposal to prepare the environmental review documentation for the proposed 913-915 Wilson Avenue Development Project (project), pursuant to CEQA. Based on review of the project materials provided to date and as requested in the City’s Request for Proposals, it is assumed that a Mitigated Negative Declaration (MND) supported by an Initial Study (IS) will be the appropriate level of environmental review for the proposed project. The City is the Lead Agency for the purposes of CEQA. This proposal supersedes our prior proposal dated August 3, 2023.
Preparation of the IS/MND will be staffed by Theresa Wallace, AICP, Principal, who will oversee the Project and Shanna Guiler, AICP, Project Manager/Associate Environmental Planner, who will manage the project. LSA’s in-house planning and technical staff will prepare the non-technical inputs of the IS/MND and technical studies and analysis for the topics of air quality, noise, historic resources, biological resources, and transportation.
PROJECT BACKGROUND AND UNDERSTANDING
The 0.83-acre project site is located at 913-915 Wilson Avenue in the City of Vallejo (Assessor’s Parcel Numbers [APNs] 051-100-150 and 051-100-160). State Route 37 (SR 37), immediately to the north, provides regional access to the project site, while Wilson Avenue provides direct access to the project site. The project site is bounded by Wilson Avenue to the east, and by marshlands of the Napa River to the north, south and west. Commercial uses are located farther to the south along Wilson Avenue and multi-family and single-family residential uses are located to the east across Wilson Avenue.
The topography of the project site slopes gently from Wilson Avenue on the east to the Napa River on the west. At the river's edge, a 6- to 7-foot-high fill slope with scattered boulders extends down to the natural marsh deposits. A new single lane driveway and the remnants of two building concrete foundation exists in the central portion of the fill pad. In addition, the remnants of an old wooden pier extend from the middle of the site out to the river. With the exception of the area around the driveway, the site is densely vegetated with trees, bushes, ivy and weeds.
EXHIBIT A-SCOPE OF WORK
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2 The project applicant proposes to demolish the existing driveway and remnant building foundations and construct approximately 2,997 square feet of commercial office with associated deck, landscaping, and parking. Proposed development would consist of three, one-story office buildings, including the main office (1,826 square feet) and two ancillary offices (788 and 385 square feet). An approximately 3,880-square foot deck would connect the office buildings and extend off of the main office buildings out toward the Napa River.
The proposed project would be accessed via a new loop road from the existing driveways off of Wilson Avenue. Eight angled parking spaces would be located off of the proposed access road. New sidewalk would be provided along Wilson Avenue and along the proposed access road. Short-term bicycle parking and long-term bicycle lockers would also be provided.
Landscaping would be provided along the project frontage on Wilson Avenue, along the proposed access road and around the perimeter of the proposed office buildings. A retaining wall, ranging in height from 1 to 5 feet would be installed between the new sidewalk and the proposed office buildings. Safety lighting would be installed, including pathway lighting, recessed well lighting and insert lights for the steps and regaining wall. An approximately 395-square foot bioretention basin would be located at the southern end of the proposed parking area and a 200 -square foot bioretention swale would be provided along the proposed access road to retain and filter stormwater before discharging it to the City’s storm drain system.
The City of Vallejo General Plan 2040 designates the project site as Retail/Entertainment (RE). The RE designation “provides for general retail, services, and entertainment for local residents as well as consumers and visitors from the wider region. Permitted land uses include shopping centers, auto sales, amusement parks, hotels, restaurants, service stations, marine‐related operations, offices, general retail, personal and business services, and similar commercial uses.” The maximum permitted FAR in the RE designation is 1.5. The project site is zoned Waterfront Commercial (WC).
The WC Zoning District is intended to create and establish regulations for areas along the waterfront that provide waterfront-related retail and service uses and visitor accommodations in building forms appropriately scaled to the waterfront. Public access to the shoreline must be provided where development is adjacent to the Napa River, Mare Island Strait, or Carquinez Strait. No residential uses are allowed.
WORK PROGRAM APPROACH
Based on our review of the proposed project and ongoing discussion with City staff, LSA believes that preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) will be the appropriate environmental document to satisfy the requirements of CEQA. The proposed work program detailed in this letter reflects this level of effort. This scope assumes that the project will not result in significant unavoidable environmental impacts and that additional environmental analysis and documentation (beyond an IS/MND) will not be required.
SCOPE OF WORK
LSA will undertake the following tasks for completion of the technical analyses and preparation of the Initial Study for the proposed project.
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3 Task 1. 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.
Task 1.1 Kick-off Meeting and Background Review
Project initiation tasks will include collecting and reviewing all the information developed for the proposed project, including applicable planning and regulatory documents (e.g., City of Vallejo General Plan and Zoning Ordinance). LSA will visit the site to document existing conditions within the project site and vicinity and will be available to participate in a start-up meeting via a video or teleconference to initiate the project.
Task 1.2 Project Description
LSA will prepare a project description, which will include the location and characteristics of the project site, the project background, proposed project components, and required City approvals. A location map and graphics illustrating the project will also be prepared based on materials provided by the project applicant. It is assumed that, at a minimum, the applicant would provide the following project materials:
• Site Survey Mapping and Data
• Conceptual Site Plan
• Building Elevations
• Landscape Plan
• Stormwater Plans
• Utility Plan
• Construction schedule and data, including depth of excavation, soil import/export, equipment use and duration
LSA will provide the draft project description to City staff for review and comment and will prepare a final project description for distribution to the technical specialists prior to beginning their analyses.
Task 2. Conduct Evaluation of Environmental Effects
LSA will conduct an evaluation of potential environmental effects of the proposed project to determine the appropriate level of CEQA review. This evaluation will be documented in an Initial Study prepared in accordance with CEQA and the CEQA Guidelines and will utilize the Environmental Checklist Form (Appendix G of the CEQA Guidelines). LSA will respond to the checklist questions for the various impact topics and add concise explanatory comments related to each topic. The City’s standard conditions of approval and existing regulations will be applied whenever possible to reduce impacts to a level of less than significant, and mitigation measures will be identified as necessary.
This scope of work assumes that upon completion of the Initial Study, a recommendation will be made that an MND will satisfy CEQA documentation requirements. Preparation of an Environmental
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4 Impact Report is not included in this scope of work. The following environmental topics will be evaluated in the Initial Study, consistent with the requirements of CEQA. Each issue topic is shown in alphabetical order, is it appears in the CEQA checklist.
Task 2.1 Aesthetics
Development of the proposed project would alter the existing visual conditions at the project site and existing views available from surrounding roadways, including State Route 37, which is an eligible State Scenic Highway. 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.
Task 2.2 Agriculture and Forestry Resources
The project site is not occupied by active agricultural, or forestry uses. The project site is zoned as Waterfront Commercial; therefore, the project site is not zoned for agricultural or forestry use. The project site is classified as “Other 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.
Task 2.3 Air Quality
LSA will prepare an air quality analysis for the proposed project in response to the checklist questions 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.
Task 2.4 Biological Resources
The project site and surrounding habitat is located in area with a paved access driveway, mowed non-native annual grasses, salt marsh wetlands, and the Napa River. Biological resources on the site
1 California Department of Conservation, 2016. California Important Farmland Finder Website:
https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed June 16, 2022).
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5 are expected to mainly consist of those species that could occur in the adjacent salt marsh wetlands and Napa River, such as California Ridgway’s rail, salt marsh common yellowthroat, longfin smelt, and rare plants. LSA will search the records of the California Department of Fish and Wildlife's California Natural Diversity Database (CNDDB), the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and the California Native Plant Society (CNPS) online inventory. We will also review current and historic aerial imagery of the site and in-house reports of biological resources in the project vicinity.
A qualified LSA biologist with expertise in identifying the flora and fauna of the area will conduct a reconnaissance-level survey of the proposed project site in Vallejo. The primary objective of the site visit will be to identify the potential presence of rare, threatened, or endangered species based on an evaluation of the habitat types present and distance from known populations. Based on the results of the record search and field survey, LSA will prepare the biological resources section of the IS/MND and will identify mitigation measures to address potential impacts to wetlands, special- status plant and wildlife species, and nesting birds that could occur in the project area. This scope of work does not include protocol-level field survey, floristic inventory, arborist inventory, or formal wetland delineation.
Task 2.5 Cultural Resources
To address impacts to cultural resources, LSA will conduct background research and prepare a letter report documenting the findings. The findings will inform the responses to the checklist questions for this topic. Background research will consist of requesting a records search from the Northwest Information Center (NWIC) and a literature review for the project site and a 0.5-mile radius. Historic aerial photographs and historic topographic maps of the project site, if available, will also be reviewed. LSA will contact the Native American Heritage Commission (NAHC) to conduct a Sacred Lands File search, which will identify the presence or absence of locations that may have traditional or cultural value to tribal organizations, regardless of archaeological value, in or adjacent to the project site. After receiving the results of the records search, an LSA archaeologist will conduct a pedestrian field survey of the project site. It is assumed that the pedestrian survey will not be delayed due to a lack of access to the property.
Following completion of the pedestrian survey, LSA will prepare a letter report to document the Cultural Resources Assessment methods, results, and management recommendations. The letter report will be submitted to the NWIC in fulfillment of a requirement to access their archives. The results of Cultural Resources Assessment will also be documented in the Initial Study.
This scope of work assumes that no cultural resources will be identified within the project site by the record search. If any archaeological cultural resources are identified in the project site by the record search, LSA will contact the City to develop a scope and budget for additional tasks, as needed. For example, cultural resources would be recorded on State of California Department of Parks and Recreation (DPR) Series 523 forms in accordance with the guidelines established by the State Office of Historic Preservation (OHP).
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6 Task 2.6 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.
Task 2.7 Geology and Soils
This section will summarize the site’s potential for geologic impacts using the information available in the City’s General Plan, and available information, including a geotechnical investigation if provided by the project applicant. 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. Mitigation for potential seismic and soils impacts could include compliance with standard geotechnical design measures and preparation of and compliance with the recommendations of a design-level site-specific geotechnical report, per 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 will include standard measures to reduce impacts to unknown paleontological resources in the event they are discovered during project construction.
Task 2.8 Greenhouse Gas Emissions
LSA will provide a qualitative assessment of greenhouse gas (GHG) emissions associated with all relevant sources related to the project based on GHG thresholds identified in the BAAQMD’s 2022 CEQA Guidelines. According to the BAAQMD, a project would have a less-than-significant impact related to GHG emissions if it would: 1) not include natural gas appliances or natural gas plumbing; 2) not result in any wasteful, inefficient, or unnecessary electrical usage; 2) achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average; and 4) achieve compliance with off-street electric vehicle requirements in CALGreen Tier 2. The BAAQMD has determined that for projects not consistent with these four project design elements, GHG emissions from the project would cause a significant and unavoidable impact. LSA will evaluate the project’s consistency with these project design elements and 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.
Task 2.9 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
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7 issues in the project area and immediate vicinity based on information collected from available reports, including a Phase I Environmental Site Assessment, if provided by the project applicant.
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, and mitigation measures will be recommended, if necessary, to reduce any significant impacts to less- than-significant levels.
Task 2.10 Hydrology/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.
Task 2.11 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.
Task 2.12 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.
Task 2.13 Noise
To address potential impacts, LSA will prepare a noise analysis in response to the Initial Study checklist questions. The noise analysis will include the following components: 1) a quantitative description of existing noise conditions in and around the project site based on up to two long-term noise measurements; 2) quantitative assessment of noise impacts on sensitive receptors related to project construction and operation; 3) noise compatibility assessment based on the location of project in relation to roadway noise and other noise sources; and if required, 4) preparation of mitigation measures consistent with best practices.
Task 2.14 Population and Housing
The proposed project would result in the introduction of new office uses to the project site. LSA will evaluate the population and housing impacts associated with the increase in office use based on
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8 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.
Task 2.15 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.
Task 2.16 Recreation
A substantial increase in the demand for park and recreational services is not anticipated with development of the proposed project. LSA will provide brief responses to the checklist questions for this issue topic.
Task 2.17 Transportation
LSA will prepare the vehicle miles traveled (VMT), site access, and internal circulation analyses to address the transportation checklist topics found in Appendix G of the CEQA Guidelines. LSA anticipates that the proposed project will generate fewer trips than the threshold for requiring detailed vehicle miles traveled (VMT) or vehicle level of service (LOS) analysis. LSA will generate project trips based on trip rates found in the ITE Trip Generation Manual, 11th Edition. If the trip generation is less than thresholds established requiring detailed analysis, LSA will conclude that the effects on transportation are likely to be less than significant.
Task 2.18 Tribal Cultural Resources
The project site is currently developed and is not known to contain any 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. 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.
Task 2.19 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 Contra Costa Water District’s 2020 Urban Water Management Plan.
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9 Task 2.20 Wildfire
The project site is not located within a State Responsibility Area (SRA) for fire service or within a Very High Fire Hazard Severity Zone. 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.
Task 3. Prepare Initial Study/Mitigated Negative Declaration LSA will prepare three drafts of the Initial Study: an Administrative Draft, a Screencheck Draft, and a Public Review Draft. The Final Initial Study/Mitigated Negative Declaration (IS/MND) will include responses to comments, as necessary, and a Mitigation Monitoring and Reporting Program (MMRP), as described below.
Task 3.1 Administrative Draft IS/MND
Using the setting and analysis prepared under Task 3 above, LSA will prepare an Administrative Draft Initial Study with the following components. Figures and tables will be provided as appropriate to illustrate the project site, the proposed project and the study’s findings. • Project Description
• CEQA Environmental Checklist Form
• Mandatory Findings of Significance
• Contacts and Bibliography
• Mitigated Negative Declaration
• Technical Appendices
The Administrative Draft Initial Study will be provided to the City in electronic format for review and comment. It is assumed that the City will review and consolidate all internal comments before they are submitted to LSA.
Task 3.2 Screencheck Draft IS/MND
Based on a single set of consolidated and non-contradictory comments from the City staff, LSA will amend the Administrative Draft Initial Study and will prepare a Screencheck Draft Initial Study for review. We have allotted time for responding to City comments; 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. LSA will provide an electronic version of the Screencheck Draft for review by City staff to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. LSA will provide the City with an electronic version of the Screencheck Draft. This version will show text changes made to the Administrative Draft Initial Study in underline
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10 and strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft.
Task 3.3 Public Review Draft IS/MND
LSA will make any minor necessary revisions to the Screencheck Draft and prepare the public review IS/MND. LSA will also prepare a Notice of Completion, in accordance with the CEQA Guidelines, and coordinate with the City to distribute the Draft IS/MND pursuant to CEQA and City review procedures. LSA will coordinate with the City to be assigned as a submitter (on behalf of the City) to submit the Draft IS/MND to the State Clearinghouse for public review. LSA will also provide the IS/MND in PDF and Word formats to allow the City to post these documents on their website. If requested by the City, LSA will provide 5 hard copies of the IS/MND to be distributed by City staff.
LSA will prepare a combined Notice of Intent to Adopt the Mitigated Negative Declaration/Public Hearing Notice, in accordance with the CEQA Guidelines and will file it with the County Clerk. LSA will post the Public Review Draft IS/MND and NOI to the State Clearinghouse CEQAnet website (https://ceqanet.opr.ca.gov/) along with the Notice of Completion (NOC). Consistent with the requirements of AB 819 (effective January 1, 2022), it is assumed that all notices will be filed electronically.
Task 3.4 Response to Comments/Final MND
LSA will review public and agency comments received on the IS/MND during the 20 or 30-day public review period and will prepare responses to CEQA comments and identify any necessary changes to the IS/MND in a memorandum format, as necessary. This scope and budget assume up to approximately 9 hours to prepare responses to comments. Should an unexpectedly large volume of comments be submitted, LSA will request an adjustment in the budget to cover work beyond the assumed level. LSA’s budget assumes one round of City review of the memorandum prior to preparing a final version.
Task 3.5 Mitigation Monitoring and Reporting Program
LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) for all mitigation measures in the IS/MND. The MMRP will list mitigation measures that are recommended in the IS/MND and provide standards and timelines for monitoring these measures. Electronic copies of the final MMRP will be submitted to the City with the Response to Comments memorandum.
Task 4. Project Management and Meetings
Task 4.1 Meetings
Theresa Wallace and Shanna Guiler will be available throughout the environmental review period to meet with the project team to gather information, review progress, review preliminary findings, discuss staff comments, offer input into discussions on project modifications, and consult on CEQA procedural matters. The cost estimate includes attendance by Theresa and Shanna at the following meetings: project start‐up teleconference (included in Task 1) and attendance at up to two public hearings under this task. This scope also assumes up to two teleconferences of approximately one hour. Attendance at additional team meetings or public hearings is not included in this scope of
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11 work or in the cost estimate shown in Table 2. Attendance at additional meetings can be billed on a time and materials basis.
Task 4.2 Project Management
Theresa Wallace and Shanna Guiler will undertake a variety of general project management tasks throughout the IS/MND and environmental analysis preparation period, and will provide oversight of scope, budget, contract management, scheduling of the project, and quality assurance for all work undertaken. Theresa will also be available for consultation on CEQA procedural matters as well as application of the CEQA Guidelines to this project.
SCHEDULE
Table 1 includes a preliminary schedule for preparation and review of the IS/MND, with an assumed start date of October 1, 2023. This schedule assumes that the Public Review Draft IS/MND could be published at the beginning of February 2024 and that the Final IS/MND could be available for adoption in March 2024. Please note that LSA is ready and available to work with the City to adapt the schedule to fit ongoing priorities, holidays, and scheduling.
Table 1: Preliminary Schedule
Milestone Responsible
Party
Time to
Complete Date
Authorization to Proceed/Signed Contract City -- May 1, 2024 Project Kick-Off and Prepare Draft Project Description LSA 2 weeks May 15, 2024 Review Draft Project Description City 2 weeks May 29, 2024 Prepare Admin Draft IS/MND* LSA 8 weeks July 26, 2024
Review Admin Draft IS/MND City 3 weeks August 16, 2024
Prepare Screencheck Draft IS/MND LSA 2 weeks August 30, 2024 Review Screencheck Draft IS/MND City 2 weeks September 13, 2024 Prepare and Publish Draft IS/MND LSA 2 weeks September 27, 2024 Public Response Period -- 30 days October 28, 2024
Prepare Response to Comments Memo/MMRP (Final IS/MND) LSA 1 week November 4, 2024 Final IS/MND and Adoption Hearings Begin City > 10 days November 2024 Notes: This is a preliminary schedule and will be updated on the date of authorization to proceed.
CONTRACT AND COST ESTIMATE
For completion of the scope of work to prepare an IS/MND discussed above, LSA proposes a total budget of $68,370. We have also identified a contingency amount of $3,400. The contingency may be used for unanticipated out of scope tasks that could arise through the course of the environmental review process or attendance at additional meetings; the amount would not be used without written authorization from the City. With the contingency amount, the total contract would be $71,770. A detailed cost estimate is included in Table 2. This scope and cost estimate are valid for a period of 90 days.
We have reviewed the sample contract agreement provided by the City and will be able to sign the agreement as presented.
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12 As is always the case, we welcome the opportunity to work with you to revise our proposed scope, schedule, and/or budget to better meet your needs. We appreciate the opportunity to submit this proposal and look forward to working with the City on this project. If you have any questions or comments, you can contact us at (510) 236-6810 or by e-mail at [email protected] or [email protected]. Thank you for the opportunity to provide you with this proposal.
Sincerely,
LSA Associates, Inc.
Shanna Guiler, AICP Theresa Wallace, AICP
Associate/Environmental Planner Principal/Environmental Planner
Attachments: LSA Cost Estimate
LSA Resumes
P R O P O S A L F O R E N V I R O N M E N T A L C O N S U L T I N G S E R V I C ES A U G U S T 2023
913 -915 W I L S O N A V E N U E D E V E L O P M E N T P R O J E C T
V A L L E J O, C A L I F O R N I A
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ATTACHMENT A
LSA COST ESTIMATE
20230757.P LSA
City of Vallejo
913‐915 Wilson Avenue
4/8/2024
Escalation 5%
% in Year
100% Year 1 $315 $215 $115 $265 $185 $140 $245 $145 $195 $140 $250 $160 $120 $260 $175 $135 100% Weighted Average $315 $215 $115 $265 $185 $140 $245 $145 $195 $140 $250 $160 $120 $260 $175 $135 Phase 01 Project Initiation
1.1 Start‐Up Meeting 1.00 2.00 3.00 $745.00
1.2 Data Gathering 1.00 4.00 5.00 $675.00
1.3 Project Description 1.00 4.00 8.00 4.00 2.00 19.00 $3,065.00
2.00 7.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 2.00 27.00 $4,485.00 Phase 02 Environmental Evaluation
2.1 Aesthetics 4.00 4.00 $460.00
2.2 Agricultural and Forestry Resources 1.00 1.00 $115.00
2.3 Air Quality 1.00 2.00 12.00 16.00 31.00 $5,105.00
2.4 Biological Resources 1.00 24.00 8.00 8.00 41.00 $7,315.00
2.4 Cultural Resources 1.00 1.00 12.00 8.00 3.00 2.00 27.00 $4,040.00
2.6 Energy 1.00 1.00 4.00 6.00 $1,120.00
2.7 Geology and Soils 4.00 4.00 $460.00
2.8 Greenhouse Gas Emissions 1.00 1.00 6.00 8.00 $1,490.00
2.9 Hazards and Hazarodous Materials 6.00 6.00 $690.00
2.10 Hydrology and Water Quality 3.00 10.00 13.00 $2,095.00
2.11 Land Use and Planning 4.00 4.00 $460.00
2.12 Mineral Resources 1.00 1.00 $115.00
2.13 Noise 4.00 6.00 26.00 2.00 2.00 40.00 $6,320.00
2.14 Population and Housing 2.00 2.00 $230.00
2.15 Public Services 2.00 2.00 $230.00
2.16 Recreation 2.00 2.00 $230.00
2.17 Transportation 4.00 12.00 16.00 $3,580.00
2.18 Tribal Cultural Resources 1.00 1.00 4.00 6.00 $755.00
2.19 Utilities and Service Systems 4.00 4.00 $460.00
2.20 Wildfire 4.00 4.00 $460.00
3.00 0.00 58.00 4.00 22.00 16.00 6.00 26.00 24.00 8.00 1.00 13.00 12.00 12.00 13.00 4.00 222.00 $35,730.00 Phase 03 Prepare IS/MND
3.1 Administrative Draft IS/MND 8.00 12.00 6.00 4.00 16.00 46.00 $8,650.00
3.2 Screencheck Draft IS/MND 2.00 4.00 6.00 2.00 6.00 20.00 $3,340.00
3.3 Public Review Draft IS/MND 1.00 2.00 6.00 4.00 4.00 17.00 $2,675.00
3.4 Response to Comments 1.00 2.00 6.00 2.00 4.00 15.00 $2,325.00
3.5 MMRP 1.00 4.00 2.00 7.00 $945.00
12.00 21.00 28.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 32.00 105.00 $17,935.00 Phase 04 Project Management and Meetings
4.1 Meetings 8.00 12.00 20.00 $5,100.00
4.2 Project Management 2.00 12.00 4.00 18.00 $3,670.00
10.00 24.00 4.00 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 38.00 $8,770.00
27.00 52.00 102.00 4.00 22.00 16.00 6.00 26.00 24.00 8.00 1.00 13.00 12.00 12.00 29.00 38.00 392.00 $66,920.00 Records Search $660.00
Reproduction $49.50
Mileage $515.00
Sound Meter $165.00
Tolls $27.50
$1,450.00
$68,370.00
5 Percent $3,400.00
$71,770.00
Total
Contingency
Subtotal Labor
Subtotal Reimbursable Expenses
Reimbursable Expenses
Principal Transportation
(Black)
Phase 01 Project Initiation Subtotal
Office Assistant/Word Processing
Phase 02 Environmental Evaluation Subtotal
Phase 03 Prepare IS/MND Subtotal
Phase 04 Project Management and Meetings Subtotal
Archaeologist
(Kaptain)
Associate ‐
Cultural/Archaeologist
(Goodwin)
Principal in Charge
(Wallace)
Project Manager
(Guiler)
Assistant Planner
Principal ‐ Air Quality/Noise
(Fischer)
Associate Air Quality/Noise
Specialist (Carlucci)
Air Quality Specialist
(Villavazo)
Principal ‐ Noise
(Stephens)
Noise Specialist
(Abushanab)
Associate Biologist
(Sidle)
Principal ‐ Cultural
(Sample)
Total with Contingency
Total LSA Fees
GIS/Graphics
Biologist
(Schmidt)
Total LSA Hours
P R O P O S A L F O R E N V I R O N M E N T A L C O N S U L T I N G S E R V I C ES A U G U S T 2023
913 -915 W I L S O N A V E N U E D E V E L O P M E N T P R O J E C T
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ATTACHMENT B
RESUMES
2 | Page
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
2 | Page
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.
DANIEL J. SIDLE
ASSOCIATE / SENIOR BIOLOGIST
1 PROFESSIONAL RESPONSIBILITIES
Mr. Sidle is highly experienced at preparing biological resources sections of environmental documents (i.e., EIRs, IS/MNDs, Caltrans Natural Environment Studies), preparing regulatory permit applications, preparing revegetation and mitigation plans, managing and monitoring mitigation/restoration projects, conducting wildlife hazard assessments, conducting nesting bird surveys, and conducting special‐status wildlife surveys and construction monitoring. Mr. Sidle has prepared permit applications associated with USACE Nationwide and Individual Permits, CDFW Lake and Streambed Alteration Agreements and Incidental Take Permits, RWQCB Water Quality Certifications, and USFWS/National Marine Fisheries Service Biological Assessments.
PROJECT EXPERIENCE
East Bay Regional Park District, San Francisco Bay Trail: Lone Tree Point Rodeo
Contra Costa County, California
For this segment of the San Francisco Bay Trail, Mr. Sidle prepared the biological resources section of the IS/MND and provided permitting consultation for the project. He provided project oversight regarding the on‐ site mitigation.
City of Belmont, On-Call Biological Resources
Belmont, California
Mr. Sidle is currently the Project Manager for LSA’s on‐call contract.
Previously, Mr. Sidle was the Project Manager and Biologist for several projects. Mr. Sidle provided education sessions to construction personnel; conducted preconstruction surveys for San Francisco dusky‐footed woodrat, California red‐legged frog, nesting birds, and aquatic wildlife; conducted construction monitoring; provided technical review of permits; and coordinated with agencies regarding permits for the projects. He took pH water samples and also assisted in permit compliance issues. He also prepared the RWQCB and CDFW permit application for a creek dredging project. He will manage future biological surveys, monitoring, and reporting tasks for the City.
City of Hercules, Refugio Creek Bridge
Hercules, California
Mr. Sidle monitored riparian mitigation areas along Refugio Creek. He conducted field surveys for California red‐legged frogs and nesting birds, and he prepared a planting plan and as‐built report, and annual mitigation monitoring reports. He conducted the annual mitigation monitoring.
City of Hercules, Refugio Valley Park Pond Dredging
Hercules, California
Mr. Sidle was the project manager for this dredging project. He prepared the USACE, RWQCB, and CDFW permit applications, including the Mitigation and Monitoring Plan. He participated in a City of Hercules City Council Meeting to discuss the project. He worked with LSA’s sub‐consultant, Balance Hydrologics, to measure the sediment accumulated in the pond. He
EXPERTISE
Biological Resources Habitat
and Species Assessments
Wetland Permitting and
Revegetation and Mitigation
Plans
Biological Resources and
Special‐Status Species Surveys
EDUCATION
M.S., Graduate Program in
Public Policy and
Management (Natural
Resources Concentration),
University of Oregon, Eugene,
1999
B.A., Environmental
Studies/Economics, University
of California, Santa Cruz, 1993
PROFESSIONAL
EXPERIENCE
Associate/Senior Biologist,
LSA, Point Richmond,
California, November 2000–
Present
Field Biologist, Manu Wildlife
Center/Selva Sur, Manu
National Park, Peru, July–
August 1999
Natural Resources Field
Assistant, Midpeninsula
Regional Open Space District,
Santa Clara and San Mateo
Counties, California, June–
September 1998
PERMITS AND
AUTHORIZATIONS
Approved for handling and
identifying all life stages of
California red‐legged frog and
California tiger salamander
under LSA’s federal 10(a)(1)A
recovery permit (TE‐797234)
Approved for handling and
identifying all life stages of
California tiger salamander
under LSA’s CDFW
Memorandum of
Understanding
CDFW Scientific Collecting
Permit No. 5405
DANIEL J. SIDLE
ASSOCIATE / SENIOR BIOLOGIST
2 corresponded with City staff and regulatory agencies regarding the project.
Contra Costa County Public Works Department, On-Call Environmental Services Contra Costa County, California
Mr. Sidle provides biological resources consulting services for LSA’s on‐call environmental services contracts with the Contra Costa County Public Works Department Environmental Division. Services provided have included wetland and special‐status species compliance, permitting, construction monitoring, and East Contra Costa County Habitat Conservation Plan compliance.
Town of Windsor, On-Call Biological Services
Windsor, California
Mr. Sidle provided on‐call biological services to the Town of Windsor in Sonoma County. He conducted biological resources assessments and peer review of biological assessments for development projects within Windsor. He reviewed projects for consistency with the Town’s guidelines for biological assessments and the Santa Rosa Plain Conservation Strategy, and he developed mitigation measures and recommendations to bring projects into compliance with the Strategy.
City of Los Gatos, General Plan EIR
Los Gatos, California
Mr. Sidle conducted a biological resources survey and prepared the biological resources section of the EIR.
City of Albany, General Plan Update
Albany, Alameda County, California
Mr. Sidle prepared the biological resources section of the City of Albany General Plan Update EIR. He conducted a biological resources reconnaissance survey of Albany Hill Park, Albany Bulb, Albany Neck, Albany Beach, University Village, Codornices Creek, Village Creek, Cerritos Creek, and other biological resources areas within Albany.
City of San Rafael, Francisco Boulevard West Multi-Use Pathway San Rafael, California
Mr. Sidle assisted with the preparation of the biological resources technical report and the biological resources section of the CEQA document. He prepared applications for regulatory permits from the USACE, CDFW, and RWQCB, and he managed the biological construction monitoring for the project. He continues to provide assistance with the on‐site mitigation monitoring and reporting.
Town of Yountville, Hopper Creek Multi-Use Pedestrian Path Yountville, California
Mr. Sidle prepared the biological resources section of the IS/MND for the project. He managed the construction phase of the project, which involved completing environmental awareness training sessions, preconstruction wildlife surveys, and monitoring of the exclusion fence.
Town of Moraga, Laguna Creek Restoration
Moraga, California
Mr. Sidle prepared a biological resources technical study for a creek restoration project. Other tasks will include preparation of the IS/MND, tree survey report, cultural resources technical study, and USACE, CDFW, and RWQCB permit applications.
City of Santa Rosa, Bayer Park
Sonoma County, California
Mr. Sidle prepared permit applications and supporting documentation (Biological Assessment for California tiger salamanders and listed plants) for the USACE Nationwide Permit, RWQCB Water Quality Certification, and CDFW Section 2081 Permit for California tiger salamanders.
P R O P O S A L F O R E N V I R O N M E N T A L C O N S U L T I N G S E R V I C ES A U G U S T 2023
913 -915 W I L S O N A V E N U E D E V E L O P M E N T P R O J E C T
V A L L E J O, C A L I F O R N I A
Z:\01-Proposals\01-Proposals by Year\2023\06 - Point Richmond\20230757.P CYV_913-915 Wilson Ave\913-915Wilson_LSAProposal_rev1.docx (04/08/24)
LSA COST ESTIMATE
EXHIBIT B - COMPENSATION
20230757.P LSA
City of Vallejo
913‐915 Wilson Avenue
4/8/2024
Escalation 5%
% in Year
100% Year 1 $315 $215 $115 $265 $185 $140 $245 $145 $195 $140 $250 $160 $120 $260 $175 $135 100% Weighted Average $315 $215 $115 $265 $185 $140 $245 $145 $195 $140 $250 $160 $120 $260 $175 $135 Phase 01 Project Initiation
1.1 Start‐Up Meeting 1.00 2.00 3.00 $745.00
1.2 Data Gathering 1.00 4.00 5.00 $675.00
1.3 Project Description 1.00 4.00 8.00 4.00 2.00 19.00 $3,065.00
2.00 7.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 2.00 27.00 $4,485.00 Phase 02 Environmental Evaluation
2.1 Aesthetics 4.00 4.00 $460.00
2.2 Agricultural and Forestry Resources 1.00 1.00 $115.00
2.3 Air Quality 1.00 2.00 12.00 16.00 31.00 $5,105.00
2.4 Biological Resources 1.00 24.00 8.00 8.00 41.00 $7,315.00
2.4 Cultural Resources 1.00 1.00 12.00 8.00 3.00 2.00 27.00 $4,040.00
2.6 Energy 1.00 1.00 4.00 6.00 $1,120.00
2.7 Geology and Soils 4.00 4.00 $460.00
2.8 Greenhouse Gas Emissions 1.00 1.00 6.00 8.00 $1,490.00
2.9 Hazards and Hazarodous Materials 6.00 6.00 $690.00
2.10 Hydrology and Water Quality 3.00 10.00 13.00 $2,095.00
2.11 Land Use and Planning 4.00 4.00 $460.00
2.12 Mineral Resources 1.00 1.00 $115.00
2.13 Noise 4.00 6.00 26.00 2.00 2.00 40.00 $6,320.00
2.14 Population and Housing 2.00 2.00 $230.00
2.15 Public Services 2.00 2.00 $230.00
2.16 Recreation 2.00 2.00 $230.00
2.17 Transportation 4.00 12.00 16.00 $3,580.00
2.18 Tribal Cultural Resources 1.00 1.00 4.00 6.00 $755.00
2.19 Utilities and Service Systems 4.00 4.00 $460.00
2.20 Wildfire 4.00 4.00 $460.00
3.00 0.00 58.00 4.00 22.00 16.00 6.00 26.00 24.00 8.00 1.00 13.00 12.00 12.00 13.00 4.00 222.00 $35,730.00 Phase 03 Prepare IS/MND
3.1 Administrative Draft IS/MND 8.00 12.00 6.00 4.00 16.00 46.00 $8,650.00
3.2 Screencheck Draft IS/MND 2.00 4.00 6.00 2.00 6.00 20.00 $3,340.00
3.3 Public Review Draft IS/MND 1.00 2.00 6.00 4.00 4.00 17.00 $2,675.00
3.4 Response to Comments 1.00 2.00 6.00 2.00 4.00 15.00 $2,325.00
3.5 MMRP 1.00 4.00 2.00 7.00 $945.00
12.00 21.00 28.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 32.00 105.00 $17,935.00 Phase 04 Project Management and Meetings
4.1 Meetings 8.00 12.00 20.00 $5,100.00
4.2 Project Management 2.00 12.00 4.00 18.00 $3,670.00
10.00 24.00 4.00 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 38.00 $8,770.00
27.00 52.00 102.00 4.00 22.00 16.00 6.00 26.00 24.00 8.00 1.00 13.00 12.00 12.00 29.00 38.00 392.00 $66,920.00 Records Search $660.00
Reproduction $49.50
Mileage $515.00
Sound Meter $165.00
Tolls $27.50
$1,450.00
$68,370.00
5 Percent $3,400.00
$71,770.00
Total
Contingency
Subtotal Labor
Subtotal Reimbursable Expenses
Reimbursable Expenses
Principal Transportation
(Black)
Phase 01 Project Initiation Subtotal
Office Assistant/Word Processing
Phase 02 Environmental Evaluation Subtotal
Phase 03 Prepare IS/MND Subtotal
Phase 04 Project Management and Meetings Subtotal
Archaeologist
(Kaptain)
Associate ‐
Cultural/Archaeologist
(Goodwin)
Principal in Charge
(Wallace)
Project Manager
(Guiler)
Assistant Planner
Principal ‐ Air Quality/Noise
(Fischer)
Associate Air Quality/Noise
Specialist (Carlucci)
Air Quality Specialist
(Villavazo)
Principal ‐ Noise
(Stephens)
Noise Specialist
(Abushanab)
Associate Biologist
(Sidle)
Principal ‐ Cultural
(Sample)
Total with Contingency
Total LSA Fees
GIS/Graphics
Biologist
(Schmidt)
Total LSA Hours
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 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
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
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)
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(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.
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.
2.2. 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.
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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)
Coverage Extension Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A.A. Amended Who Is An Insured
1.1. The following is added to the Who Is An Insured Provision in Section II –Covered Autos Liability Coverage:
The following are also "insureds":
a.a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee”of yours is also an “insured”while operating an “auto”hired or rented under a contract or agreement in an “employee’s”name, with your permission, while performing duties related to the conduct of your business. b.b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c.c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d.d. Where and to he extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to he limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.
2.2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance –Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.
B.B. Amendment –Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II –Covered Autos Liability Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
Attachment Code: D590976 Master ID: 1492002, Certificate ID: 17531933 POLICY NUMBER: CPO 4289165 - 00 COMMERCIAL AUTO
CA 04 44 10 13
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of he Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
SCHEDULE
The Transfer Of Rights Of Recovery Against Others
To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the
extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or
organization.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
Attachment Code: D591616 Master ID: 1492002, Certificate ID: 17531933 Endorsement Effective Endorsement No.
Insured Premium $
Policy No.9/30/2023 WC 5665125 - 00
LSA Associates, Inc.
Insurance Company American Zurich Insurance Company Countersigned by______________________________Countersigned by______________________________ WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WC 00 03 13
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE
PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR
ORGANIZATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Attachment Code: D590979 Master ID: 1492002, Certificate ID: 17531933 Paragraph B.2. of SECTION V. DEFINITIONS is replaced by the following:
2.2. Insured means:
a.a. You;
b.b. Any person or organization included as an insured in underlying insurance c.c. Any person or organization, except for those qualifying as an additional insured under section 2.d. of this endorsement, qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance; and d.d. The person(s) or organization(s) shown in the Schedule of this endorsement, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured:
(1) Only to the extent such coverage is required by written contract or written agreement; (2) Only if that person or organization is included as an additional insured in underlying insurance; and (3) Only to the same extent that such person or organization is an additional insured under such underlying insurance
However, the insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Is limited to the minimum amount required by the written contract or written agreement; and (c) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
All other terms and conditions of this policy remain unchanged.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U-UMB-933-A CW (04/16)
Endorsement # 17
Additional Insured Endorsement
This endorsement modifies insurance provided under the:
Commercial Umbrella Liability Policy
SCHEDULE
Attachment Code: D593314 Master ID: 1492002, Certificate ID: 17531933 c.c. The duties and requirements imposed upon any insured under this policy will not apply to any non-admitted jurisdiction. However, with respect to any claims made or suits brought in a non-admitted jurisdiction, it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit, including:
(1) Make such investigation, defense or settlement as we deem reasonable; (2) Obtain our approval for any payment; and
(3) Effect approved payments to others, in accordance with the terms and conditions of this insurance. d.d. Under Coverage B, this policy does not apply to any liability, damage, loss, cost or expense arising out of
e.e. We will promptly pay the first Named Insured at the mailing address listed in Item 2.2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified
entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance, the first Named Insured will promptly reimburse the amount of any such recovery to us.
10. Legal Action Against Us
There will be no right of action against us under this insurance unless:
a.a. You have complied with all the terms of this policy; and b.b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment.
This insurance does not give anyone the right to add us as a party in an action against you to determine your liability.
11. Maintenance of Underlying Insurance
During the period of this policy, you agree:
a.a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect; b.b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance;
c.c. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us, and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance; and d.d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement.
If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements.
12. Miscellaneous Unintentional Errors and Omissions
Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery.
13. Other Insurance
If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. However, this provision will not apply:
a.a. If the other insurance is written to be excess of this policy; or b.b. With respect to Coverage A only, if the named insured has agreed in a written contract to carry insurance
to apply prior to and be non-contributory with that of another person or organization's insurance, but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available toto the other person oror organization will bebe the lesser ofof the
policy limits or the minimum limits required by such written contract. In that case, other insurance of that that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy Attachment Code: D592968 Master ID: 1492002, Certificate ID: 17531933 Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance
14. Premium
The premium for this policy as stated in Item 6.6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy.
15. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies:
a.a. As if each named insured were the only named insured; and b.b. Separately to each insured against whom claim is made or suit is brought.
16. Terms Conformed to Statute
The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances oror regulations. IfIf wewe are prevented byby law oror statute from paying onon behalf ofof the insured, then we
will, where permitted by law or statute, indemnify the insured 17 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 insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them.
However, if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract.
b.b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries.
18. Transfer of Your Rights and Duties
Your rights and duties under this insurance may not be transferred without our written consent. If you die, then 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 representative is appointed, anyone having temporary custody of your property will have your rights and duties but only with respect to that property.
19. When Loss is Payable
Coverage under this policy will not apply until the insured, or the insured’s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit.
When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us.
20. Violation of Economic or Trade Sanctions
If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be null and void.
B.B. The following Condition is applicable to Coverage A and Coverage B
1.1. Notice of Occurrence, Claim or Suit
a.a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy.
To the extent possible, notice will include:
(1) How, when and where the occurrence took place;
U-UMB-103-C CW (03/10)
Attachment Code: D592968 Master ID: 1492002, Certificate ID: 17531933
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
CPO 4289165 - 00
A.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 ability 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 his endorsement performed for that
additional insured and included in the
"products-completed operations hazard".
However:
1.1. The insurance afforded toto such additional
insured only applies to he extent permitted by
law; and
2.2. If coverage provided to the additional insured is g p required by a contract required by a contract or agreement, the agreement, the insurance afforded to such additional insured will
B.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:
1.1. Required by the contract or agreement; or
2.2. 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.
not be broader than that which you are required not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:
Attachment Code: D635436 Master ID: 1492002, Certificate ID: 17531933
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED –OWNERS, LESSEES OR
CONTRACTORS –SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A.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 ability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1.1. Your acts or omissions; or
2.2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) atat the location(s)
designated above.
However:
1.1. The insurance afforded toto such additional
insured only applies to he extent permitted by
law; and
2.2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract required by a contract or or agreement, the agreement, the insurance afforded to such additional insured will
B.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:
1.1. 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
2.2. 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.
not be broader than that which you are required not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: CPO 4289165 - 00
Attachment Code: D636736 Master ID: 1492002, Certificate ID: 17531933 C.C. With respect to the insurance afforded to these
additional insureds, the following is added toto
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:
of 2.2. Available
Insurance shown in the Declarations;
whichever is less.
under
This endorsement shall not increase the
the
applicable Limits of Insurance shown in the
Declarations.
applicable Limits
1.1. Required by the contract or agreement; or
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 Attachment Code: D636736 Master ID: 1492002, Certificate ID: 17531933 CONSENT CALENDAR 8.I.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF VALLEJO, COUNTY OF SOLANO AND HUMANE SOCIETY OF THE NORTH BAY
FOR ANIMAL CONTROL SERVICES AND LOCAL SHELTERING
RECOMMENDATION
Adopt Resolution Approving the Seventh Amendment to the Consultant and Professional Services Agreement with Solano County and the Humane Society of the North Bay for Animal Control Services and Local Sheltering, in an amount not to exceed $1,168,816 for the fiscal year ending June 30, 2025 and Authorizing the City Manager to Execute Same.
REASONS FOR RECOMMENDATION
On January 13, 2015, the City Council authorized the City Manager to enter into an agreement with the Solano County Sheriff’s Office Animal Control Unit (SAC) and the Humane Society of the North Bay (HSNB) to provide Animal Control and Local Sheltering services to support the City of Vallejo and unincorporated Vallejo areas. Recommended by an Ad-Hoc Committee of the City Council, the agreement created a new service model with a contract expiration date set for June 30, 2017. Since 2015, six amendments have been executed to continue and refine the services provided, and extend the 3-party relationship between the City of Vallejo, HSBC and SAC. This seventh amendment to the original agreement will extend these important services through June 30, 2025.
BACKGROUND AND DISCUSSION
In 2015, the City of Vallejo, the Humane Society of the North Bay and Solano County Sheriff's Office Animal Control Unit entered into a three-party agreement to provide animal control and local sheltering services for Vallejo residents and animals.
SAC provides Animal Control Officers who are responsible for enforcing the City’s Municipal Code as it pertains to Animals, the County’s Health and Safety Code, and all other Local, State and Federal laws. HSNB provides Animal Control support services, including the care of all impounded animals, feeding and cleaning of kennels, adoption of new pets, and operation of the City's local facility, at 1121 Sonoma Boulavard, for community members to recover missing animals and access to other humane animal services – without traveling to the County facility in Fairfield.
The City also contracts separately and directly with Solano County (as part of a larger County-wide MOU) for regional animal sheltering services, located in Fairfield, for those animals that HSNB cannot accommodate.
The City pays a pro-rata share of total costs, which is determined by dividing the total number of animals received by the County at the facility from all entities by the total number of animals received from that entity for that same fiscal year. Therefore, the fewer animals sent to the County shelter, the lower the City’s shared costs.
Date: June 25, 2024
Subject: ADOPT RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF VALLEJO, COUNTY OF SOLANO AND HUMANE SOCIETY OF THE
NORTH BAY FOR ANIMAL CONTROL SERVICES AND LOCAL SHELTERING
The term of this current agreement is scheduled to expire on June 30, 2024. Staff recommend extending this agreement to ensure services can continue uninterrupted through the new Fiscal Year. In the meantime, staff will be continuing discussions with the County and the Humane Society of the North Bay regarding the future of animal control services.
FISCAL IMPACT
The current agreement's payments for Fiscal Year 2023-24 are: $352,000 to the Humane Society of the North Bay, and $738,792 to the Solano County Sherriff's Office Animal Control Unit. Approval of this action would add another year of service (FY 2024-25) to the agreement, at an amount of $362,560 paid to the HSNB and $806,256 to the Solano County Sheriff's Office of Animal Control. This totals $1,168,816 in contracted costs for FY 2024-25 and funding had been approved by City Council during the FY 24-25 annual budget adoption.
If approved, the total not-to-exceed contract amount over the entirety of this agreement (2015-2025) paid to both parties is estimated to be: $9,230,304. With HSNB receiving $2,717,810 and SAC receiving $6,512,494 of that total by June 30, 2025.
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 Guidelines section 15378.
ATTACHMENTS
1. RESO _Animal Control 7th Amendment - CAO Stamp
2. HSNB Animal Services 7th Amendment
3. 15-CM013 SHERIFFS OFFICE ANIMAL CONTROL UNIT & 15-CM13A HUMANE SOCIETY OF THE NORTH BAY Consultant and Professional Services Agreement
4. Amendments 1-6
CONTACT
Andrew Murray, City Manager (707) 648-4576
[email protected]
RESOLUTION NO. 24-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
SEVENTH AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF VALLEJO, THE COUNTY OF SOLANO, AND THE
HUMANE SOCIETY OF THE NORTH BAY, TO INCREASE THE CONTRACT AMOUNT BY $1,168,816 FOR A TOTAL NOT TO EXCEED $9,230,304 THROUGH JUNE 30, 2025 WHEREAS, the City of Vallejo (City) has been in a three-party Consultant and Professional Services Agreement with the County of Solano through the Sheriff's Office Animal Control Unit, and the Humane Society of the North Bay (Parties) to provide animal control and sheltering services to the City since January of 2015 (“Agreement”); and
WHEREAS, the Agreement was then amended by the First Amendment on June 30, 2017, Second Amendment on June 30, 2020, Third Amendment on June 30, 2021, and Fourth Amendment on June 13, 2022; and Fifth Amendment on June 13, 2023; and Sixth Amendment on November 28, 2023; and
WHEREAS, the Agreement as amended, is set to expire June 30, 2024; and WHEREAS, additional funding is necessary to compensate for the continued provision of services to the City.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Seventh Amendment to the Agreement between the City of Vallejo, the County of Solano, and the Humane Society of the North Bay, to increase compensation by ONE MILLION ONE HUNDRED SIXTY EIGHT THOUSAND EIGHT HUNDRED AND SIXTEEN ($1,168,816) for a total contract amount not to exceed NINE MILLION TWO HUNDRED THIRTY THOUSAND THREE HUNDRED AND FOUR DOLLARS ($9,230,304) and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on June 25, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
SEVENTH AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO, COUNTY OF SOLANO
AND
HUMANE SOCIETY OF THE NORTH BAY
City of Vallejo, County of Solano and Humane Society of the North Bay Seventh Amendment
This Seventh Amendment (“Amendment”) to that Consultant and Professional Services Agreement (“Agreement”), dated for reference on January 13, 2015, entered into by and between the City of Vallejo (“City”), the County of Solano, a political subdivision of the State of California by and through the Sheriff's Office Animal Control Unit ("SAC"), and Humane Society of the North Bay ("HSNB"), and amended by the First Amendment on June 30, 2017, Second Amendment on June 30, 2020, Third Amendment on June 30, 2021, Fourth Amendment on June 13, 2022, Fifth Amendment on June 13, 2023, and Sixth Amendment on November 28, 2023, and this Seventh Amendment is made June ___ , 2024. The City, SAC, and HSNB shall be referred to as the “Parties” for purposes of this Amendment.
WHEREAS, HSNB operates from the City-owned property located at 1121 Sonoma Boulevard in Vallejo, California for which it pays the City $1.00 in annual rent.
The Parties do mutually agree as follows:
1. Revised Term of Agreement. The Agreement term is currently scheduled to expire on June 30, 2024. As of the date of this Amendment, the term of the Agreement is extended to June 30, 2025.
2. EXHIBIT B COMPENSATION, Paragraph 1, is hereby amended to read as follows:
Service Providers Compensation. City agrees to pay Service Providers for services set forth in Exhibit A of this Agreement in monthly installments, with a not-to-exceed amount as set forth below:
For Fiscal Year 2024-2025:
Three hundred sixty-two thousand five hundred and sixty dollars ($362,560) to the Humane Society of the North Bay; and
Eight hundred and six-thousand two-hundred fifty-six dollars ($806,256) to the County of Solano.
Fiscal Year HSNB SAC
FY 2014 – 15 $56,250 $338,672
(agreement start January 2015)
FY 2015 – 16 $135,000 $521,707.20
FY 2016 – 17 $240,000 $535,518.40
FY 2017 – 18 $240,000 $529,508.40
FY 2018 – 19 $240,000 $544,516
FY 2019 – 20 $240,000 $588,984
FY 2020 – 21 $252,000 $607,356
FY 2021 – 22 $300,000 $644,364
FY 2022 – 23 $300,000 $656,820
City of Vallejo, County of Solano and Humane Society of the North Bay Seventh Amendment
FY 2023 – 24 $352,000 $738,792
FY 2024 – 25 $362,560 $806,256
Total $2,717,810 $6,512,494
Contract Total $9,230,304
The maximum amount of the Agreement is increased by $1,168,816 to a revised sum of $9,230,304.
3. Integration. This 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, as previously amended shall remain in full force and effect, and the Parties 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, and any prior amendment, if any, 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 his or her respective Party hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of such Party.
City of Vallejo, County of Solano and Humane Society of the North Bay Seventh Amendment
THE COUNTY OF SOLANO, a political
subdivision of the State of California by and
through the Sheriff’s Office
By:
Bill Emlen, County Administrator
DATE: ____________________
APPROVED AS TO FORM
County Counsel
APPROVED AS TO CONTENT:
__________________________
Thomas A. Ferrara, Sheriff – Coroner
HUMANE SOCIETY OF THE NORTH
BAY, a 501(c)3 private non-profit
corporation
By:
Brenda Mooney, Board President
DATE: ____________________
Vallejo Business License No.
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
(City Seal)
OGOl-DEDYCONSULTANTANDPROFESSIONALSERVICESAGREEMENTThisConsultantandProfessionalServicesAgreement("Agreement")ismadeatVallejo,California,datedforreferencethisthirteenthdayofJanuary,2015,byandbetweentheCityof© Vallejo,amunicipalcorporationandCharterCity("City"),andtheCountyofSolano,apoliticalsubdivisionoftheStateofCaliforniabyandthroughtheSheriff'sOffice-Sheriff'sOfficeAnimalControlUnit("SAC"),andtheHumaneSocietyoftheNorthBay("HSNB'),a501(c)3privatenon-profitcorporation.ForthepurposeofthisAgreement,SACandHSNBshallcollectivelybereferredtoas("ServiceProviders").Thepartiesagreeasfollows:1.Services.SubjecttothetermsandconditionssetforthinthisAgreement,bothServiceProvidersshallprovidetheCityprofessionalservicesasspecifiedinExhibitA,entitled"ScopeofWork." :
2.Payment.CityshallpayServiceProvidersforservicesrenderedpursuanttothisAgreementatthetimesandinthemannersetforthinExhibitB,entitled"Compensation."ThepaymentsspecifiedinExhibitBshallbetheonlypaymentstobemadetoServiceProvidersforservicesrenderedpursuanttothisAgreement.3.FacilitiesandEquipment.ServiceProvidersshall,attheirsolecostandexpense,furnishallfacilitiesandequipmentwhichmayberequiredforfurnishingservicespursuanttothisAgreement.4.Indemnification.ServiceProvidersshallindemnify,holdharmless,anddefendCity,itsofficers,officials,directors,employees,agents,volunteersandaffiliatesandeachofthemfromanyandailclaims,demands,causesofaction,damages,costs,expenses,actualattorney'sfees,ServiceProviders'fees,expertfees,lossesorliability,inlaworinequity,ofeverykindandnaturewhatsoeverarisingoutoforinconnectionwithServiceProviders'operations,oranysubcontractorsoperations,tobeperformedunderthisAgreementforServiceProvidersorsubcontractor'stortnegligenceincludingactiveorpassive,orstrictnegligence,includingbutnotlimitedtopersonalinjuryincluding,butnotlimitedtobodilyinjury,emotionalinjury,sicknessordisease,ordeathtopersonsand/ordamagetopropertyofanyone,includinglossofusethereof,causedorallegedtobecausedbyanyactoromissionofServiceProviders,oranysubcontractor,oranyonedirectlyorindirectlyemployedbyanyofthemoranyoneforthefullperiodoftimeallowedbythelaw,regardlesstoanylimitationbyinsurance,withtheexceptionofthesolenegligenceorwillfulmisconductoftheCity.TheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreement.5.InsuranceRequirements.ServiceProvidersagreetocomplywithalloftheInsuranceRequirementssetforthinExhibitC,entitled"InsuranceRequirementsforServiceProviders.":
Failuretomaintainrequiredinsuranceatalltimesshallconstituteadefaultandmaterialbreach.6.AccidentReports.ServiceProvidersshallimmediatelyreport(assoonasfeasible,butnotmorethan24hours)totheCity'sRiskManageranyaccidentorotheroccurrencecausinginjurytopersonsorpropertyduringtheperformanceofthisAgreement.Thereportshallbemadeinwritingandshallinclude,ataminimum:(a)thenames,addresses,andtelephonenumbersofthepersonsinvolved,(b)thenames,addressesandtelephonenumbersofanyknownwitnesses,(c)thedate,timeanddescriptionoftheaccidentorotheroccurrence.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of8
7.ConflictofInterest.ServiceProviderswarrantandrepresentthattothebestoftheirknowledge,thereexistsnoactualorpotentialconflictbetweenServiceProviders'family,business,realpropertyorfinancialinterestsandtheservicestobeprovidedunderthisAgreement.ServiceProvidersshallcomplywiththeCityofVallejoConflictofInterestCodeandnotenterintoanycontractoragreementduringtheperformanceofthisAgreementwhichwillcreateaconflictofinterestwithitsdutiestoCityunderthisAgreement.IntheeventofachangeinServiceProviders'family,business,realpropertyorfinancialinterestsoccurringduringthetermofthisAgreementthatcreatesanactualorpotentialconflictofinterest,thenServiceProvidersshalldisclosesuchconflictinwritingtoCity.8.IndependentContractor.ServiceProvidersareindependent:contractors.NeitherServiceProvidersnoranyofServiceProviders'officers,employees,agentsorsubcontractors,ifany,isanemployeeofCitybyvirtueofthisAgreementorperformanceofanyservicespursuanttothisAgreement.CityshallhavetherighttocontrolServiceProvidersonlyinsofarastheresultsofServiceProviders'servicesrenderedpursuanttothisAgreement;however,CityshallnothavetherighttocontrolthemeansbywhichServiceProvidersaccomplishservicespursuanttothisAgreement.9.Licences,Permits,Etc.ServiceProvidersrepresentandwarranttoCitythatallServiceProviders'servicesshallbeprovidedbyapersonorpersonsdulylicensedbytheStateofCaliforniatoprovidethetypeofservicestobeperformedunderthisAgreementandthatServiceProvidershaveallthepermits,qualificationsandapprovalsofwhatsoevernaturewhicharelegallyrequiredforServiceProviderstopracticeheirprofession.ServiceProvidersrepresentandwarranttoCitythattheyshall,attheirsolecostandexpense,keepineffectatalltimesduringthetermofthisAgreementanylicenses,permits,andapprovalswhicharelegallyrequiredforServiceProviderstopracticetheirprofession.10.BusinessLicense.'HSNB,andServiceProviderssubcontractors,haveobtainedoragreetoapplypriortoperforminganyservicesunderthisAgreementtoCity'sFinanceDepartmentforabusinesslicense,paytheapplicablebusinesslicensetaxandmaintainsaidbusinesslicenseduringthetermofthisAgreement.ThefailuretoobtainsuchlicenseshallbeamaterialbreachofthisAgreementandgroundsforterminationbyCity.NopaymentsshallbemadetoServiceProvidersuntilsuchbusinesslicense(s)hasbeenobtained.11.StandardofPerformance.ServiceProvidersshallperformallservicesandproducealldeliverablesasidentifiedintheattachedExhibitstothisAgreementinaccordancewithgenerallyacceptedprofessionalpracticesandprinciplesandinamannerconsistentwiththelevelofcareandskillordinarilyexercisedundersimilarconditionsbyamemberofServiceProviders'professioncurrentlypracticinginCalifornia.ServiceProvidersareresponsibleformakingindependentevaluationandjudgmentofallconditionsaffectingperformanceofthework,includingwithoutlimitationapplicablefederal,state,andlocallawsandregulations,andallothercontingenciesorconsiderations.ServiceProviders'responsibilitiesunderthissectionshallnotbedelegated.ServiceProviders. shallberesponsibletoCityforacts,errors,oromissionsofServiceProviders'subcontractors.ServiceProvidersshallberesponsibleforadheringtoallrequirementsasdelineatedintheattachedExhibitstothisAgreement. "SACisexemptfromthisprovision.AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of8
12.ForceMajeure.NeitherpartyshallbeconsideredindefaultofthisAgreementtotheextentperformancesarepreventedordelayedbycausesorcircumstancesbeyondeitherparty'sreasonablecontrol,suchaswar,riots,strikes,lockouts,workslowdownorstoppage,actsofGod,suchasfloodsorearthquakes,andelectricalblackoutsorbrownouts.IntheeventthattheServiceProvidersareunabletomeetthecompletiondateorscheduleofservices,ServiceProvidersshallimmediatelyinformtheCityRepresentativeofthisinwriting.Ifadditionaltimeisrequiredtoperformthework,theCityRepresentativemayadjusttheschedule.13.TimeisoftheEssence.TimeisoftheessenceinthisAgreement.Anyreferencetodaysmeanscalendardays,unlessotherwisespecificallystated.14.Personnel.ServiceProvidersagreetoassignonlycompetentpersonnelaccordingtothereasonableandcustomarystandardsoftrainingandexperienceintherelevantfieldtoperformservicesunderthisAgreement.FailuretoassignsuchcompetentpersonnelshallconstitutegroundsforterminationofthisAgreement.ThepaymentmadetoServiceProviderspursuanttothisAgreementshallbethefullandcompletecompensationtowhichServiceProvidersandServiceProviders'officers,employees,agents,andsubcontractorsareentitledforperformanceofanyworkunderthisAgreement.NeitherServiceProvidersnorServiceProviders'officersoremployeesareentitledtoanysalaryorwages,orretirement,health,leaveorotherfringebenefitsapplicabletoemployeesoftheCity.TheCitywillnotmakeanyfederalorstatetaxwithholdingsonbehalfofServiceProviders.TheCityshallnotberequiredtopayanyworkers'compensationinsuranceonbehalfofServiceProviders.ServiceProvidersshallpay,whenandasdue,anyandalltaxesincurredasaresultofServiceProviders'compensationhereunder,includingestimatedtaxes,andshallprovideCitywithproofofsuchpaymentsuponrequest.15.ServiceProvidersNotAgent.ExceptasauthorizedunderthisAgreementorasCitymayauthorizeinaletterofauthorizationsignedbytheCityManagerorhisorherdesignee,ServiceProvidersshallhavenoauthority,expressorimpliedtoactonbehalfofCityinanycapacitywhatsoeverasanagent.ServiceProvidersshallhavenoauthority,expressorimplied,underthisAgreement,tobindCitytoanyobligationwhatsoever.16.Term.The"term"ofthisAgreementshallcommenceonFebruary1,2015andshallexpireonJune30,2017.17.TerminationbyServiceProviders.ServiceProvidersmustprovidewrittennoticetoallpartiesoftheirintenttowithdrawalnolaterthanoneyearpriortoexpirationoftheterm.18.TerminationorAbandonmentbyCity.TheCityhastheright,atanytimeandinitssolediscretion,toterminateorabandonanyportionoralloftheservicestobeprovidedunderthisAgreementbygivingaminimumofoneyears'writtennoticetoServiceProviders.Uponreceiptofanoticeoftermination,ServiceProvidersshallperformnofurtherworkexceptasspecifiedinthenotice.Beforethedateoftermination,ServiceProvidersshalldelivertoCityallCityrecordsanddocuments,alldeliverables,whethercompletedornot,asofthedateofterminationandnototherwisepreviouslydelivered.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage3of8 TheCityshallpayServiceProvidersforservicesperformedinaccordancewiththisAgreementbeforethedateoftermination.Ifthiscontractprovidesforpaymentofalumpsumforallservicesorbytaskandterminationoccursbeforecompletionoftheworkoranydefinedtaskwhichaccordingtotheperformanceschedulewascommencedbeforethenoticeoftermination,thefeeforservicesperformedshallbebasedonanamountmutuallyagreedtobyCityandHSNBand/ortheCityandSACfortheportionofworkcompletedinconformancewiththisAgreementbeforethedateoftermination.Inaddition,theCitywillreimburseServiceProvidersforauthorizedexpensesincurredandnotpreviouslyreimbursed.TheCityshallnotbeliableforanyfeesorcostsassociatedfortheterminationorabandonmentexceptforthefees,andreimbursementofauthorizedexpenses,payablepursuanttothissection.19.ServiceProviders'Deliverables.ServiceProvidersshallprovidealldeliverablesasidentifiedintheattachedExhibitstothisAgreement,whichshallbecomethepropertyofCity.DocumentssubmittedtotheCityinelectronicformatshallbeformattedaccordingtospecificationsprovidedbytheCity,orifnototherwisespecified,inMicrosoftWord,Excel,PowerPointorotherMicrosoftOfficeSuiteformatasappropriatefortheparticularworkproductor,ifdirectedbytheCityRepresentativeinAdobeAcrobatPDFformat.20.CooperationbyCity.Cityshall,totheextentreasonableandpracticable,assistandcooperatewithServiceProvidersintheperformanceoftheirservices.21.AssignmentandSubcontracting.ServiceProvidersshallnotsubcontract,assignortransfervoluntarilyorinvoluntarilyanyoftheirrights,dutiesorobligationunderthisAgreementwithouttheexpresswrittenconsentoftheCityManagerorhisorherdesigneeineachinstance.Anyattemptedorpurportedassignmentofanyright,dutyorobligationunderthisAgreementwithoutsaidconsentshallbevoidandofnoeffect.Ifsubcontractingofworkispermitted,ServiceProvidersshallpaytheirrespectivesubcontractorwithinten(10)daysofreceiptofpaymentbyCityforworkperformedbyasubcontractorandbilledbytheServiceProviders.UseofthetermsubcontractorinanyotherprovisionofthisAgreementshallnotbeconstruedtoimplyauthorizationforServiceProviderstousesubcontractorsforperformanceofanyserviceunderthisAgreement.TheCityisanintendedbeneficiaryofanyworkperformedbyServiceProviders'subcontractorforpurposesofestablishingadutyofcarebetweenthesubcontractorandCity.AnysubcontractororassigneeconsentedtobyCityshallbeboundbyalltermsandconditionsofthisAgreementandthesameshallbeincorporatedintoandmadeaqpartofanyassignmentorsubcontractoragreement.22.SuccessorsandAssigns.Allterms,conditions,andprovisionsofthisAgreementshallapplytoandbindtherespectiveheirs,executors,administrators,successors,andassignsoftheparties.Nothinginthissectionisintendedtoaffectthelimitationonassignment.23.Non-Discrimination/FairEmploymentPractices.(a)ServiceProvidersshallnot,becauseofrace,religiouscreed,color,sex,nationaloriginal,ancestry,disability,medicalcondition,age,martialstatusorsexualorientationofanyperson,refusetohireoremploy,ortobarordischargefromemployment,ortodiscriminatein AnimalControlServicesConsultantandProfessionalServicesAgreementPage4of8 compensation,orinterms,conditionsorprivilegesanyperson,andeveryemployeewillreceiveequalopportunityforemploymentandshall.begrantedequaltreatmentwithrespecttocompensation,terms,conditionsorotherprivilegesofemployment,withoutregardtohisrace,religiouscreed,color,sex,nationalorigin,ancestry,ordisability,medicalcondition,age,maritalstatusorsexualorientation.ServiceProviderswarrantandrepresenttheyareequalopportunityemployersandagreetheyshallnotdiscriminateonthebasisofrace,religiouscreed,color,sex,nationalorigin,ancestry,disability,medicalcondition,age,maritalstatusorsexualorientationintheselectionandrétentionofemployees,subcontractorsorprocurementofmaterialsorequipment.InallsolicitationseitherbycompetitivebiddingornegotiationsmadebyServiceProvidersforworktobeperformedunderanysubcontract,includingprocurementofmaterialsorequipment,eachpotentialsubcontractororsuppliershallbenotifiedbyServiceProvidersofServiceProviders'obligationunderthisAgreementrelativetonondiscriminationandfairemploymentpractices.ServiceProvidersshallincludetheaboveprovisionsofthissectionineverysubcontract,includingprocurementofmaterialsorequipment.(b)ServiceProvidersagreetocomply.withTitleViloftheCivilRightsActof1964,asamended,theCaliforniaFairEmploymentPracticesAct,theAmericanswithDisabilitiesActof1990,anyotherapplicablefederalandstatelaws.andregulationsandCityordinancesandregulationshereinafterenacted.24.Notices.AllnoticesorinstrumentsrequiredtobegivenordeliveredbylaworthisAgreementshallbeinwritingandshallbeeffectiveupontheirreceiptandshallbebypersonal'serviceordeliveredbydepositingthesameinanyUnitedStates.PostOffice,registeredorcertifiedmail,postageprepaid,addressedto:IftoCity: DanielE.KeenCityManagerOfficeoftheCityManager555SantaClaraStreet' Vallejo,CA94590
IftoSAC:ThomasA.Ferrara.Sheriff-CoronerSolanoCountySheriff'sOffice530Union.Avenue,Suite100Fairfield,CA94533iftoHSNB: StephanieGomesPresidentHumaneSociety'oftheNorthBay1121SonomaBoulevard' Vallejo,CA94590(707)645-7905(phone)(707)645-7909(fax)[email protected]!ServicesConsultantandProfessionalServicesAgreement,Page5of8 Anypartymaychangeitsaddressforreceivingnoticesbygivingwrittennoticeofsuchchangetotheotherpartiesinaccordancewiththissection.Routineadministrativecommunicationsshallbemadepursuanttosection1ofExhibitA.24.IntegrationClause.ThisAgreement,includingallExhibits,containstheentireagreementbetweenthepartiesandsupersedeswhateveroralorwrittenunderstandingtheymayhavehadpriortotheexecutionofthisAgreement.ThisAgreementshallnotbeamended:ormodifiedexceptbyawrittenagreementexecutedbyeachoftheparties.25.SeverabilityClause.ShouldanyprovisionofthisAgreementeverbedeemedtobelegallyvoidorunenforceable,allremainingprovisionsshallsurviveandbeenforceable.26.LawGoverning.ThisAgreementshallinallrespectsbegovernedbythelawoftheStateofCalifornia.LitigationarisingoutoforconnectedwiththisAgreementshallbeinstitutedandmaintainedinthecourtsofSolanoCountyintheStateofCaliforniaorintheUnitedStatesDistrictCourt,EasternDistrictofCalifornia,Sacramento,California,andthepartiesconsenttojurisdictionovertheirpersonandoverthesubjectmatterofanysuchlitigationinsuchcourts,andconsenttoserviceofprocessissuedbysuchcourts.27.Waiver.Waiverbyeitherpartyofanydefault,breachorconditionprecedentshallnotbeconstruedasawaiverofanyotherdefault,breachorconditionprecedentoranyotherrighthereunder.28.Ambiguity.Thepartiesacknowledgethatthisisanegotiatedagreement,thattheyhavehadtheopportunitytohavethisAgreementreviewedbytheirrespectivelegalcounsel,andthatthetermsandconditionsofthisAgreementarenottobeconstruedagainstanypartyonthebasisofsuchparty'sdraftsmanship.29.Gender.Allpronounsandanyvariationsthereofshallbedeemedtorefertothemasculine,feminine,neuter,singularorplural,astheidentificationsofthepersonorpersons,firmorfirms,corporationorcorporationsmayrequire.30.Headings.ThesectionheadingscontainedinthisAgreementareinsertedforconvenienceonlyandshallnotaffectinanywaythemeaningorinterpretationofthisAgreement.31.CompliancewithLaws.ServiceProviderswillcomplywithallstatutes,regulationsandordinancesintheperformanceofallservicesunderthisAgreement.32.ConfidentialityofCityInformation.DuringtheperformanceofservicesunderthisAgreement,ServiceProvidersmaygainaccesstoanduseCityinformationregarding,butnotlimitedto,procedures,policies,training,operationalpractices,andothervitalinformation(hereaftercollectivelyreferredtoas"CityInformation")whicharevaluable,specialanduniqueassetsoftheCity.ServiceProvidersagreethattheywillnotuseanyinformationobtainedasaconsequenceoftheperformanceofservicesunderthisAgreementforanypurposeotherthanfulfillmentofServiceProviders'scopesofwork,toprotectallCityInformationandtreatitasstrictlyconfidentialandproprietarytoCity,andthatitwillnotatanytime,eitherdirectlyorindirectly,divulge,discloseorcommunicateinanymanneranyCityInformationtoanythirdparty,otherthanitsownemployees,agentsorsubcontractorswhohaveaneedfortheCityAnimalControlServicesConsultantandProfessionalServicesAgreementPage6of8 InformationfortheperformanceofservicesunderthisAgreement,withoutthepriorwrittenconsentofCity,orasrequiredbylaw.ServiceProvidersshalltreatallrecordsandworkproductpreparedormaintainedbyServiceProvidersintheperformanceofthisAgreementasconfidential.AviolationbyServiceProvidersofthissectionshallbeamaterialviolationofthisAgreementandwilljustifylegaland/orequitablerelief.ServiceProviders'obligationsunderthissectionshallsurvivethecompletionofservices,expirationorterminationofthisAgreement.33.NewsandInformationRelease.ServiceProvidersagreethattheywillnotissueanynewsreleasesinconnectionwitheithertheawardofthisAgreement,oranysubsequentamendmentoforeffortsunderthisAgreement,withoutfirstobtainingreviewofthenewsreleasesfromCitythroughtheCityRepresentative.ServiceProviderswillconsiderCity'sinput,butarenotrequiredtoincorporaterecommendededits,ifanyexist.34,CityRepresentative.TheCityRepresentativespecifiedinExhibitA,.ortherepresentative'sdesignee,shalladministerthisAgreementfortheCity.35.Counterparts.ThepartiesmayexecutethisAgreementinoneormorecounterparts,eachofwhichshallbedeemedanoriginal,butallofwhichtogethershallbedeemedoneandthesameinstrument.36.FacsimileSignature;ElectronicSignature.ThisAgreementshallbebindinguponthereceiptoffacsimilesignaturesore-mailedbyPDForotherwise.AnypersontransmittinghisorhersignaturebyfacsimileorelectronicallyshallpromptlysendanoriginalsignaturetotheotherpartypursuanttothenoticeprovisionofthisAgreement.ThefailuretosendanoriginalshallnotaffectthebindingnatureofthisAgreement.37.Authority.ThepersonsigningthisAgreementforServiceProvidersrepresentsandwarrantsthathe/sheisfullyauthorizedtosignthisAgreementonbehalfofServiceProviders.38.Exhibits.Thefollowingexhibitsareattachedandincorporatedbyreference:ExhibitA,entitled"ScopeofWork,"includinganyattachments.ExhibitB,entitled"Compensation,"includinganyattachments.ExhibitC,entitled"InsuranceRequirements,"includinganyattachments.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage7of8 INWITNESSWHEREOF,thepartieshaveexecutedthisAgreementonthedayandyearshownbelowthenameofeachoftheparties.
THECOUNTYOFSOLANO,a politicalsubdivisionoftheStateofCaliforniabyandthroughtheSheriff'OfficeraThomasA.FerraraSheriff- Coroner DATE:SAN2015"APPROVEDASTOFORMNeaBoteySOLANO.COUNTYCOUNSELHUMANESOCIETYOFTHENORTHBAY,a501(c)3_privatenon-profitcorporationBy:A-StephanieGomesPresident DATE:B/(y_-\|VallejoBusinessLicenseNo.
(CitySeal)
CITYOFVALLEJO,amunicipalcorporation
ByanielE-KeenCityManager
pate:Qu-75/b ATTEST:BDawnAbrahaCityClerkn
AdministrativeAnalystII
APPROVEDASTOFORMANDINSURANCEMMforClaudiaQuintanaCityAttorney AnimalControlServicesConsultantandProfessionalServicesAgreementPage8of8 APBRQVEDASTOCONTENT:JoarinItman
\
EXHIBITASCOPEOFWORK1.Representatives.TheCityRepresentativeforthisAgreementis:JoannaAltmanAdministrativeAnalystIlOfficeoftheCityManager555SantaClaraStreetVallejoCA94590(707)648-4362(phone)(707)648-4426(fax)joanna.altman@cityofvallejo.netTheSACRepresentativeforthisAgreementis:ThomasA.FerraraSheriff- CoronerSolanoCountySheriff'sOffice530UnionAvenue,Suite100Fairfield,CA94533(707)784-7000(phone)TheHSNBRepresentativeforthisAgreementis:StephanieGomesPresidentHumaneSocietyoftheNorthBay1121SonomaBoulevardVallejo,CA94590(707)645-7905(phone)(707)645-7909(fax)sgomes@hsnb.orgAllroutineadministrativecommunicationsbetweenthepartieswillbebetweentheabovenamedrepresentativesandmaybebypersonaldelivery,mail,facsimiletransmissionorelectronicmailasagreedbetweentheServiceProvidersRepresentativesandCity'sRepresentative.2.ServicestobeProvided.TheservicesprovidedshallbeassetforthinAttachment1and2ofExhibitA,attachedandincorporatedbythisreference. , AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of1ExhibitA Attachment1toExhibitASOLANOCOUNTYSHERIFF'SANIMALCONTROLUNITTheprovisionofservicesbytheSolanoCountySheriff'sOffice- AnimalControlUnittotheCityofVallejoforanimalcontrolserviceswillbe:providedinaccordancewiththefollowingspecifications:1.TheSheriffsAnimalControlshallmaintainonstaffatleastthree(3)individualswhoshallmeetalltherequirementssetforthinPenalCode§830.9,§7(a)oftheFoodandAgricultureCode,andSolanoCountyCodeChapter4-33.TheseAnimalControlOfficers,employedbytheSheriffsOffice,shallissuecitations,makearrests,servewarrants,andconductcriminalinvestigations.2.TheCityagreestoappointtheSheriffofSolanoCountyastheAnimalControlDirectorasoutlinedintheCityofVallejoMunicipalCode("VMC")§7.12.010.3.NormalbusinesshoursfortheSheriffsAnimalControlUnitare6:30:a.m.to7:00p.m.,MondaythroughThursday,excludingCountyrecognizedholidays,and8:00a.m.to7:00p.m.,FridaythroughSunday.Sheriff'sAnimalControlshallprovidethefollowingminimumstaffingto'theCityofVallejo:a.Two(2)AnimalControlOfficersondutyintheCityofVallejoMondaythroughThursdayfortwelveandonehalfhoursperday,andonFridayforelevenhoursperday.Eachofficerwillhaveaone-hourunpaidlunchbreakperscheduledshift.b.One(1)AnimalControlOfficerondutyintheCityofVallejoSaturdayandSundayforelevenhoursperday.Theofficerwillhaveaone-hourunpaidlunchbreakperscheduledshift.c.Atleastone(1)AnimalControlOfficeron-callduringnon-scheduledhoursseven(7)daysperweekandduringCountyrecognizedholidays,aspublishedannuallybythe'SolanoCountyBoardofSupervisors.d.WithapprovaloftheCityManager,theSheriffsOfficemayadjust"normal"businesshours.e.SheriffsAnimalControlshallnoticetheCityManager,ordesignee,iftheSheriff'sOfficeexpectstohavelessthanrequiredstaffondutyformorethanthreeconsecutivedaysforoccasionsofunexpectedillnessorunforeseenbusinessnecessity,asrequiredtoattendtraining,tradeseminars,ortofulfillotherlegallymandatedrequirementsfromtheState,.County,ortheCityofVallejo.f.TheSheriff'sOfficemay,atitsdiscretion,moveavailableresourcesasneededtootherareasbasedoncallvolume,serviceneedsofanarea,orformutualaidassistanceasneededattherequestofotherjurisdictions.4.TheSheriff'sAnimalControlshallprovidethefollowingserviceswithintheresponsetimesetforth:a.Duringnormalbusinesshours,Sheriff'sAnimalControlwillrespondtocallsforanimalsrunningloose,seriouslyinjuredanimals,viciousanimalsoranimalsendangeringhumanlifeorsafety,animalnuisancecomplaints,andabusedorneglectedanimalswithinonehourofcallreceived.i. InaccordancewithPenalCode§597,Sherriff'sAnimalControlmayadministerfieldeuthanasia.b.Duringholidaysandafter-hours,Sheriff'sAnimalControlwillrespondwithintwo,butnomorethanthree,hourstoconfirmedreportsofviciousanimalsoranimalsAnimalControlServicesConsultantandProfessionalServicesAgreementPage1of7Attachment1toExhibitA
5. endangeringhumanlifeorsafety.c.Callsforservicefromanimalownerswhowishtosurrendertheiranimal(s)foradoptionordestructionandwhodonothavetransportationtotheSheltershallbehandledwithintwenty-four(24)businesshours(Monday-Friday,excludingholidays).AnimalssurrenderedbyownersinthefieldwillbetransporteddirectlytotheSolanoCountyAnimalCareFacility.SheriffsAnimalControlwilladheretotheSolanoCountyprocessforfieldsurrendersandmaychargeVallejoresidentsaccordingtotheCountyFeeSchedule(i.e.,pick-up,surrender,disposal,etc.)..SheriffsAnimalControlwillinvoiceVallejoresidentsdirectlyforthisserviceandwillretainrevenuesthatwilloffsettheSolanoCountyAnimalShelterexpense.d.TheSheriff'sOfficereservestherighttoutilizeotherSheriff'sOfficeresourcestohandleorvalidateacallforservicepriortodispatchingaSheriff'sAnimalControlOfficerafterhours,duringtimesofstaffingshortages,orduringhighvolumeofcallsforservice.TheSheriff'sAnimalControlshallenforceallinfractionandmisdemeanorprovisionsofFederal,State,andlocallawstoinclude,butnotlimitedto,thePenalCode,Health&SafetyCode,Fish&GameCode,CodeofRegulationsofCalifornia,Chapter4oftheCountyOrdinances,andTitle7oftheCityofVallejoMunicipalCodeastheyrelatetodomesticanimalswithintheCityofVallejo.Suchenforcementshallincludeissuingcitations,makingarrests,andimpoundinganimals.
6. a.FelonyanimalcrimeinvestigationsmaybehandledbytheSheriff'sOfficeandsuchcostoutsidethenormalscopeofthisAgreementshallbechargedtotheCityfortheactualcostassociated;i.e.overtime,specialists,supplies,and/orinvestigators.Low-levelfeloniesthatcanbeinvestigatedaspartofnormalcourseofbusinessshallbeincluded.b.TheresourcesandcostofanimalinvestigationsthatrequireanextensiveamountofresourcesorplacesanundueburdenonSheriffsAnimalControltoprovideadequateservicesunderthisAgreementshallbeapprovedbytheCityManager'sOfficeinatimelymannerwhenpossible.TheactualcostassociatedwithsuchaneventshallbetheresponsibilityoftheCity.TheserviceareaofthisAgreementshallincludeincorporatedareasoftheCityofVallejowheretheCityhasprimarylawenforcementjurisdiction,toincludepartsofMareIslandandexcludingplacessuchasCaliforniaMaritimeAcademy.
7. a.SheriffsAnimalControlshallpatrolandprovideservicesasdescribedwithinthisagreementandscopeofworktotheMareIslandCommunityFacilityDistrict(CFD)totalingamaximumofapproximately30hourspermonth.SheriffsAnimalControlwilltrackthetotalnumberofhoursspentpatrollingandservicingtheMareIslandCFDandsubmitamonthlyreporttotheCity.b.SheriffsAnimalControlwillidentifyatrackingmethodthatcapturesthetotalcallsforserviceandamountoftimespentwithintheboundariesoftheCFD.AformalmemorandumidentifyingthebestmethodwillbeprovidedtotheCityManagerwithin90daysoftheoriginalcontractdate.Sheriff'sAnimalControlshallundertakeandmaintaindirectpatrolofneighborhoodsforunlawfulstrayanimalsandotherviolationsoflawsconcerninganimals.8.Sheriff'sAnimalControlshallcooperatewiththeSolanoCountyDistrictAttorney'sOffice,CountyCounsel,theCityofVallejo,theCity'sAttorney'sOffice,VallejoPoliceDepartment,FishandWildlife,andotherlawenforcementagenciesininvestigatingandprosecutinganimallawviolations.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of7Attachment1toExhibitA
9.WhenlawenforcementassistanceisneededforSheriffsAnimalControl,VallejoPoliceDepartmentshallbetheprimarylawenforcementagencyforresponsewithintheCityofVallejo.10.TheSheriff'sOfficewillaccuratelyandlegiblymaintainalldocumentationandshallbetheofficialrepositoryforalldocumentationincludingbutnotlimitedtoreports,records,casefiles,citations,and/orothercriminalandadministrativeprocesscompletedbytheSheriff'sAnimalControl.TheSheriff'sOfficeshallprovidemonthlyreportstoCityinthefirstyearofcontractandquarterlyforeachyearthereafter.Withineachreport,SheriffsAnimalControlwillincludethefollowing:a._Intake(Stray,OwnerSurrender,etc.)andidentifythelocation(address,crossstreets)bywhichananimalwasobtained.'b.TransferinformationidentifyingwhichanimalswereobtainedwithintheCityofVallejojurisdiction,County-unincorporatedjurisdiction,HSNBorother.Cc.Callsforservicereceivedandrespondedto,groupedbytypesofcall(e.g.animalrunningloose,dangerousanimal,complaints,etc.)11.Sheriff'sAnimalControlshallberesponsibleforenforcingtheDangerousDogOrdinance,VMC§7.37.Thisshallinclude,butisnotlimitedto,notifyingparticipantsofhearings,actingasthecity'srepresentativeduringhearingsandenforcingtheregistrationrequirementsoftheordinance.12.Sheriff'sAnimalControlshallberesponsibleforenforcingandadministeringthefieldworkoftheAnimalNuisanceordinancesasoutlinedinVMC§7.36.13.Sheriff'sAnimalControlshallreviewallreportedanimalbitecasesfoensurenoviolationsofCityordinanceexist,and/ortomakeadeterminationifdangerousdogoranimalnuisanceproceedingsareappropriate.14.Sheriff'sAnimalControlshallconductfacilityinspectionsforKennelLicensesasoutlinedinVMC§7.32.030alongwithrandominspectionstoensurecompliancewithVMC§7.32.15.Sheriff'sAnimalControlshallconductfacilityinspectionsforexoticanimalregistrationasoutlinedinVMC§7.12.130asrequiredbytheCity.16.Sheriff'sAnimalControlshallprovidetrappingservicesforferaldomesticanimalsonpublicpropertywhenoverpopulationaffectsthehealthandwelfareofthepublic.Thisservicemaybeprovidedonprivatepropertyattheexpenseofthepropertyownerasgovernedand/orbasedonthecurrentlyadoptedSolanoCountyfeescheduleforACO(s)hourlyrate(s).17.Sheriff'sAnimalControlshallmaintainatwenty-four(24)hourtelephonenumberforcallsforservice.Duringnormalbusinesshours,SheriffsAnimalControlwillbeavailabletoreceivedirectcallsforservicefromthepublicinanefforttoobtainaninstantresponsetoinquiries.TheSheriff'sOfficeshallberesponsiblefordispatchingallcallsforservice.
ServicesOutsidetheScopeofAgreement1.Animalcarcassremovalfrompublicroads,buildings,orpropertytoincludepropertiesoutlinedin§7.12.130oftheCityofVallejoMunicipalCodeshallbeconductedundertheCity'scontractwiththelocalgarbagecompanytoincludecompliancewithStreetsandHighwayCode§91.8(S&HC).AnimalControlServicesConsultantandProfessionalServicesAgreementPage3of7Attachment1toExhibitA
2.TheCityshallretaintheadministrativeprocessoverexoticanimalregistrationservicesasoutlined§7.12.140oftheCityofVallejoMunicipalCode.3.TheCityshallretaintheadministrativeprocessovertheKennelLicenseprocessasoutlinedinChapter7oftheCityofVallejoMunicipalCodeasitrelatestoissuance,monitoring,orcollectingfeesforsuchlicenses.4.TheCityshallretainadministrativeprocessovertheDangerousDogproceedings,toincludetheappointmentoftheHearingOfficer,asoutlinedinVMC§7.37.010(H).Sheriff'sAnimalControlshallreceivewrittendocumentationofeachstepoftheprocessfromtheCityforrecords;i.e.copiesofnotices,services,outcome,and/orimposedconditions.5.Sheriff'sAnimalControlshallnotprovideurbanorwildlifetrappingforthepurposesofpopulationcontrol.6.RabiesControlisnotpartofthisagreement,asthisserviceisconductedbythe> designatedPublicHealthOfficer(Sheriff'sAnimalControl)outsideofthisagreement.TheCityacknowledgesthatSheriffsAnimalControlOfficersarealsoPublicHealthOfficersasitrelatestoRabiesControl.Sheriff'sAnimalControlOfficerspossesstheauthorityasoutlinedin§7.28.010/.020oftheCityofVallejoMunicipalCode.Noprovisionsofthisagreementareintendedtoconflictormodifyanyrabiescontrolagreement(s)withtheCounty.
ShelterServices/HSNBRelationshipTheCityagreesthatSheriffsAnimalControlisnotresponsibleforprovidingananimalshelter;suchserviceisalreadybeingprovidedbyMemorandumofUnderstandingonProvisionsofAnimalCareServicesdatedDecember30,2012withSolanoCounty.Additionalprocessrelatedprotocolswillbediscussedandmutuallyagreeduponbyallthreeparties.1.Noprovisionsofthisagreementareintendedtoconflictormodifyanyshelteragreement(s)withtheCounty.2.Sheriff'sAnimalControlunderstandstheimportanceofhavinganimalshelterservicesinthecommunity,andunderstandsthattheCityofVallejointendstomaintainabusinessrelationshipwithHSNBforsuchservices.3.Sheriff'sAnimalControlwillmakeallreasonableeffortstomaintainaworkingrelationshipwiththeHSNB.SheriffsAnimalControlshallattempttodeliverallimpoundedanimalsfromtheCityofVallejotoHSNBforthetemporaryholdperiods,andmayattempttodeliverallimpoundedanimalsfromunincorporatedVallejotoHSNBforthetemporaryholdperiods.4.HSNBwillworkinpartnershipwithSheriffsAnimalControlinavoidinganimaldestruction,reducingCityofVallejoshelterexpenses,andpromotingadoptionofVallejoanimals.5.SheriffsAnimalControlshalltakeallanimalsnotacceptedbyHSNBorbeyondthemaximumcapacityofHSNBdirectlytotheSolanoCountyAnimalCareFacilityinFairfield.a.HSNBwillprovide20restrictedAnima!Controlkennelsand18AnimalControlcatcageslocatedintheCatCottageforthelegallyrequiredholdingperiodsasidentifiedinAttachment1ofExhibitB.AnimalControlServicesConsultantandProfessionalServicesAgreementPage4of7Attachment1toExhibitA
6.Aftertheminimumholdingperiodofthreenormalbusinessdaysforallimpoundedandsurrenderedanimals,atitsdiscretion,HSNBmaykeepanimalsitconsidersadoptable.Sheriff'sAnimalControlshalltakepossessionofanyimpoundedorsurrenderedanimalsthatHSNBhaschosennottoacceptanddeliveranimalstotheSolanoCountyAnimalCareFacility.ImpoundedandsurrenderedanimalswillnotbeheldlongerthantencalendardaysatHSNB.7.Allanimalswillreceivetherequiredvaccines(DA2PP,Bortadella,FVRCP,etc.)uponintake.a.Sheriff'sAnimalControlwillvaccinateanimalsuponintakewhenobtained.b.Animalssurrenderedordropped-offinpersonatHSNBbyresidentsofVallejoorUnincorporatedVallejowillbevaccinateduponintakebyHSNB.i. Sheriff'sAnimalControlwillprovidevaccinestoHSNBforuseonCityofVallejoandUnincorporatedVallejoanimals.Cc.OftheownersurrenderedanimalsvaccinatedandretainedbyHSNB,HSNBwillreimburseSheriffsAnimalControlthecostofthevaccines.d.HSNBwillprovidespaceandrefrigerationforallvaccines.8.ItisSheriff'sAnimalControlexpectationthatHSNBshallworkinpartnershipandcooperationwithSheriffsAnimalControltoobservebehaviorsandmaintainrecordsofcasesthatrequireanyenforcementactionoranimalabuseinvestigation./
9.'Sheriff'sAnimalControlshallprovidereasonableanimaltransportfortheCity'sstrayandsurrenderedfromHSNBtotheCountyshelterduringnormalbusinesshoursatnocosttoHSNBortheCityofVallejo.HSNBshallberesponsibleforcostsassociatedwithsurrenderofitsanimalstotheSolanoCountyAnimalCareFacility.a.Sheriff'sAnimalControlandHSNBwillestablisharoutineandmutuallyagreedupontransportschedulethatsatisfiestheneedsofbothpartieswhilealsoconservinggas,andreducingvehiclewearandtear.10.Sheriff'sAnimalControlshallprovideemergencyanimaltransportservicesduringnormalbusinesshoursforanyinjuredCityofVallejoanimal.ThecostofsuchtreatmentshallbepaidbytheCityofVallejoinaccordancewiththestandardssetbySheriff'sAnimalControl,includingthecollectionoffeesfromananimal'sowner.Sheriff'sAnimalControlwillselectthefacilityincludingthecountyshelter.Anyanimals,upon.completionofsuchcareorrequiringongoingcare,fromanoutsideveterinarianwillbetakendirectlytotheSolanoCountyAnimalCareFacility.a.SheriffsAnimalControlwillendeavortorespondtoHSNBtoretrievesurrenderedand/orabandonedCityofVallejoanimalsrequiringimmediatemedicalcarewithinthirtyminutes,andnotmorethanonehour.Sheriff'sAnimalControlmaydirect-HSNBtoalocalveterinarianortheCountyFacilityifanofficercannotrespondwithintheallottedtimeframe.i. HSNBwillberesponsiblefortransferringallrecordsastheypertaintoeachanimal,includingbutnotlimitedtotheaddressanddriver'slicensenumberofindividualssurrenderinganimals,andinthecaseofstrayanimals,theaddressinwhichtheanimalwasobtained.b.Sheriff'sAnimalContro!willpartnerwithlocalveterinariansforthepurposeofprovidingemergencymedicalcareinthetimesaveterinarianisnotpresentattheSolanoCountyAnimalCareFacility.SheriffsAnimalControlmaintainstheauthoritytoauthorizeaVeterinarianpartnertoprovidetreatmenttoanimalswithoutanidentifiedownerinanamountnottoexceed$200.00perincident.AnimalsrequiringtreatmentbeyondthisidentifiedcapwillbehandledonanindividualbasisincoordinationbetweenAnimalControlServicesConsultantandProfessionalServicesAgreementPage5of7Attachment1toExhibitA Sheriff'sAnimalControlandtheCityrepresentative.Cc.AllanimalsthatrequiretreatmentunderHSNBonceHSNBhasassumedownership/responsibilityafterthelegallymandatedholdingperiodshallbetheresponsibilityofHSNBalone.11.AnyanimalsurrenderfeescollectedbyHSNBforanimalsthatarelatertransportedtotheSolanoCountyAnimalCareFacilityshallbepaidtotheSolanoCountyAnimalCareFacility.
Equipment/Training/FacilitiesAsdefinedinthebudgetnarrative,theSheriff'sOfficeshallberesponsibleforprovidingandmaintainingallequipmentandtrainingforAnimalControlOfficersrequiredtoperformtheservicesunderthisagreement.1.TheCityagreestotransferownershipofthree(3)CityownedanimalcontrolvehiclesinpossessionofHSNBforaone-timetransferfeeofonedollarpervehicle.a.Shouldtheagreementdissolveduringtheworkinglifeofthesevehiclesoran¢ animalcontrolvehicletheCityhasdirectlyfunded,Sheriff'sAnimalControlwillreimbursetheCitythefairmarketvalueofeachvehicleorreturnthevehicletotheCityforaone-timetransferfeeofonedollarpervehicle.2.TheSheriff'sOfficewillprovidevehicles,maintenanceofvehicles,uniforms,equipment,training,andanyotherreasonabletools,services,orobjectsnecessarytoperformtheservicesunderthisAgreement.3.TheSheriff'sOfficewillfacilitatetrainingtoincludetradeseminars,basicandadvancedofficertraining,alongwithanylegallymandatedtrainingrequirementstoensureAnimalControlOfficersmeetorexceedindustrystandardstoperformthedutiesrelatedtoAnima!Control.4.HSNBwillidentifyandprovideSheriffsAnimalControlasafeandsecurespacetoset-upanofficeandtostorevehicles,weapons,suppliesandequipmentfreeofchargetotheCounty.IfHSNBisnotable,theCitywillidentifyandprovideasafeandsecurelocationforstoragefreeofcharge.PublicBilling/FeeCollectionTheCityagreesandacknowledgesthattheCountyshallretainallrightstocollectfeesforservicesasauthorizedbyCityorCountyordinanceandbystateorfederallaw.Sheriff'sAnimalControlmaychargetheanimalownersforthecostofservices.Someofthesefees_include,butarenotlimitedto,are:a.Servicesoutsidethescopeofthiscontract.b.Feesasauthorizedby§7.16.050oftheCityofVallejoMunicipalCodeCc.FeesasauthorizedbytheCountyBoardofSupervisorsd.AnyotherfeeasauthorizedbyStateorFederalLawFeescollectedbyHSNBforanimalsthatarenottransferredtotheSolanoCountyAnimalCareFacilityareexcludedfromthisprovision.Sheriff'sAnimalControl!willensurefinancialarrangementsaremadepriortotransportinganynon-impoundedanimalfromHSNB.TheexchangeoffeesbetweenSheriff'sAnimalControlAnimalControlServicesConsultantandProfessionalServicesAgreementPage6of7Attachment1toExhibitA andHSNBwillbeprocessedonaquarterlyschedule..
0- 3Months
3Months- Continuous
6- 9Months
12+Months
GENERALIMPLEMENTATIONSCHEDULEFirstYearAt-a-GlanceDeployAnimalControlServices;Conductanassessmentofoperations,facilities,inventoryandpersonnel;MeetwithCityAdministrationtoestablishmanagementstructure,operationalprocedures,communicationchannels,andasharedvision;ConductACORecruitments,ifneeded;Transitionfacilities,equipmentandoperations;Allpartiesmeettoevaluatefirst6monthsanddiscussnecessaryadjustments;Integrationofsystems,networksanddata;IntegrationofSheriff'sPoliciesandProcedures;Establishaprocessforcontinuousimprovement;and, :
Allpartiesmeetannuallytoevaluateservicelevelsandcontractcost,andamendasnecessary.
Anima!Contro!ServicesConsultantandProfessionalServicesAgreementPage7of7Attachment1toExhibitA Attachment2toExhibitATHEHUMANESOCIETYOFTHENORTHBAYTheHumaneSocietyoftheNorthBay("HSNB')(formerlytheBeniciaVallejoHumaneSociety)isaprivate,non-profitorganizationwhosemissionisprovidinganimalsinneedofmedicalcare,andnourishment;protectinganimalsfromcruelty,neglect,andcarelessness;andeducatingthepublicaboutanimalwelfare,overpopulation,andhumanealternatives.ThismissionclearlyiscompatiblewiththeneedforeffectiveandfiscallyresponsibleanimalcontrolservicesforthecitizensoftheCityofVallejo("City").HSNBbelievesitiscrucialtomaintainapositiveandsupportiverelationshipwiththeCityandSheriffsAnimalControl,sothatthecommunityhasalocalfacilityforcommunitymemberstorecovermissinganimals,adoptnewpets,andtoaccesstootherhumaneanimalservices- withouttravelingtotheCountyFacilityinFairfield.HSNBwillsupplementtheSolanoCountySheriffsOfficeAnimalControlandincludethefollowing:HSNBServicesProvidedtotheCommunityeAdoptions- on-siteandthroughmobileadoptioneventsFosterprograms(decreasingthenumberofanimalsgoingtotheCountyFacility)Reunitinglost/foundanimalswiththeirownersLow-costspay/neuterandotheraffordableopportunitiesMicrochipping_DoglicensingPubliceducationOthercommunityservices(i.e.newownerdogtraining,neonatalkittencare,etc.)CommunityCatProgram(Trap/Neuter/Return)HoursofOperationeTheHSNBfacilitywillbeopentothepublicforaminimumofsix(6)hoursperday,andfive(5)daysperweek.eTheHSNBfacilitywillbeclosedtothepubliconthefollowingHolidays:NewYear'sDayMemorialDay4thofJulyLaborDayThanksgivingDayChristmasDayAnimalControlHolds/ImpoundedAnimalsHSNBwillcontinuetoprovidehumaneanimalservicestothecommunity,includingintakeofallowner-surrenderedanimals.1.Sheriff'sAnimalContro!willdeliverallimpoundedCityandunincorporatedVallejoanimalstoHSNBforthelegallyrequiredholdingperiodswiththeexceptionofthoseanimalsrequiringimmediatemedicalattentionasidentifiedinAttachment1ofExhibitA,incorporatedbyreference,pursuanttoPenalCode§597(f).AnimalsrequiringimmediatemedicalcarewillbeAnimalControlServicesConsultantandProfessionalServicesAgreementPage1of4Attachment2toExhibitA 000000
deliveredtotheSolanoCountyAnimalCareFacility.2.Intheeventananimalrequiringimmediatemedicalcareissurrenderedand/ordelivereddirectlytoHSNBwhilestaffarepresent,Sheriff'sAnimalControlwillbecontactedimmediately.HSNBwillprovideimpoundedanimalswithappropriatemedicationsasnecessary.HSNBwillnotberesponsibleforthecostofmedicalcareneededbyanimalsbroughttoHSNBbySheriff'sAnimalControloranimalssurrenderedtoHSNBbyVallejoresidentsandanimalsfoundwithintheCityofVallejo.3.TheHSNBwillcreateandmaintainappropriaterecordsforeachanimal,includingbutnotlimitedtotheaddressanddriver'slicensenumberoftheindividualsurrenderingananimal,andinthecaseofstrayanimals,theaddressorlocation/crossstreetswheretheanimalwasobtained.4,HSNBshallprovidecareforthedogsinthe20restrictedAnimalControlkennelsandthe18AnimalControlcatcageslocatedintheCatCottageforthelegallyrequiredholdingperiods.Animalswillbefedtwiceperdayandkennelsandcageswillbecleanedtwiceperday.5.Allanimalswillreceivetherequiredvaccines(DA2PP,Bortadella,FVRCP,etc.)uponintake.a.Sheriff'sAnimalControlwillvaccinateanimalsuponintakewhenobtained.b.Animalssurrenderedordropped-offinpersonatHSNBbyresidentsofVallejoorUnincorporatedVallejowillbevaccinateduponintakebyHSNB.i. SheriffsAnimalControlwillprovidevaccinestoHSNBforuseonCityofVallejoandUnincorporatedVallejoanimals.c.OftheownersurrenderedanimalsvaccinatedandretainedbyHSNB,HSNBwillreimburseSheriff'sAnimalControlthecostofthevaccines.d.HSNBwillprovidespaceandrefrigerationforallvaccines.6.AnimalsunderHSNBownership/responsibilitywillnotbereleasedforadoptionorbereturnedtotheirownerswithouttherequiredvaccinations(DA2PP,Bortadella,FVRCP,etc.).Additionally,dogswillnotbereleasedwithouttherequiredrabiesvaccinationandacurrentlicense.7.TheHSNBwillprovidefleacontrolonallanimalsbroughtorsurrenderedtotheHSNB.CitywillbearthecostoffleatreatmentforallCityofVallejoandUnincorporatedVallejoanimals.8.DuringtheperiodanimalsareattheHSNBfacility,theHSNBmayconducttemperamentandbehaviorevaluationsonallanimalsaspotentialadoptioncandidates.Afterthemandatoryholdingperiodsexpire,HSNBmaintainsfirstrighttopullanyanimalandplaceitintoHSNBownership/responsibilitypendingHSNB'sshelterandfostercapacity.HSNBcanalsochoosetoreleaseanyimpoundedanimaltoSheriff'sAnimalControltodelivertotheSolanoCountyAnimalCareFacility.a.ImpoundedanimalswillnotbeheldatHSNBlongerthantencalendardaysatHSNB.9.HSNBwillberesponsibleforthecareandcostofanynon-CityorUnincorporatedVallejoanimal,includingbutnotlimitedtothoseanimalsobtainedthroughcontractswithValeroRefineryinBenicia.a.HSNBwillmaintainrecordstotracktheoriginofallanimalssurrenderedordroppedatthesheltertomaintainfinancialaccountabilityshouldthoseanimalsbetransportedtotheSolanoCountyAnimalCareFacility.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of4Attachment2toExhibitA SolanoCountySheriff'sOfficeRelationshipProcessrelatedprotocolswillbediscussedandmutuallyagreeduponbyallthreeparties.1.HSNBwillallowtheSheriffsAnimalControl24-houraccesstoasafeandsecurelocationforSheriff'sAnimalControltodeliverimpoundedanimals,storevehicles,weapons,suppliesandequipmentfreeofchargetotheCountyinarestrictedsectionoftheHSNB-leasedfacility.2.FeescollectedbytheHSNBforanimalsurrenderswillbekeptbytheHSNBforallanimalstheHSNBpullsintotheHSNBprogram.AnyfeescollectedbytheHSNBforanimalsurrendersforanimalsnotkeptbyHSNBshallbepaidtotheSolanoCountyAnimalCare'Facility.3.TheHSNBretainstherighttodeterminewhereSheriff'sAnimalControlentersandexitsthefacilitytodropoffanimals.
HSNBCity-ownedPropertyCityandHSNBwilldiscussthefeasibilityofalong-termleaseforthepropertyonwhichHSNBcurrentlyoperates.TheHSNBrecognizesthatthisareaisinaformerRedevelopmentareaandthatalllong-termleasesmustbeapprovedbytheStateofCalifornia.TheHSNBalsounderstandsthatthisprocesscantakequitesometime.Inthemeantime,ashasbeentheagreementbetweentheHSNBandtheCity,theHSNBwillcontinuetopaytheCity$1peryearfortheleaseoftheproperty,untilanewleaseagreementisexecuted.Asaconditionofthelease,anon-votingCityCouncilliaison,ordesignee,mayattendallboardmeetingonbehalfoftheCity.Thisleaseisnowinexchangefortheidentified"publicbenefit,"definedasfollows:Adoptorfosteroutaminimumof500animalsperyearReunitelost/foundanimalswiththeirownersProvidelow-costspay/neuterandotheraffordableopportunitiestotheVallejocommunityProvidemicrochippingto500animalsperyearProcessaminimumof250doglicensesperyearProvideaminimumof12publiceducationopportunitiesperyear(i.e.newownerdogtraining,neonatalkittencare,etc.)eWilldevelopCommunityCatProgram(Trap/Neuter/Return)FailuretomeettheserequirementsmayresultinanincreaseoradjustmentofrentpaidbyHSNBtotheCityortheterminationofsaidlease.HSNBwillprovidemonthlyreportstotheCityduringthefirstyearofthisAgreement,andquarterlyreportsthereafter.Thesereportsshallincludenumericaldatatodatetowardachievingtheabovelisted"publicbenefitgoals."EachHSNBreportshallinclude,butnotbelimitedto:eIntake(AnimalControl,OwnerSurrender,etc.)andoutcomeofanimals(Adoption,CountyTransfer,RTO,Foster,etc.)eLow-costspay/neuterandotheraffordableopportunitiesProvidedtotheVallejocommunityAnimalControlServicesConsultantandProfessionalServicesAgreementPage3of4Attachment2toExhibitA NumberofanimalsmicrochippedNumberofdoglicensesprocessedNumberofpubliceducationeventsconductedorparticipatedinNumberofcatsprocessedthroughtheCommunityCatprogram(Trap/Neuter/Return),onceestablished Transparency ;
HSNBwillaccuratelyandlegiblymaintainallanimalrecordsanddocuments(AnimalControlServices).HSNBunderstandsthattheCaliforniaPublicRecordsActorotherapplicablelawmaycompelthedisclosureorproductionofrecordsrelatingtothisAgreement.UponreasonablerequestbytheCity,HSNBwillallowCityrepresentativesaccesstoHSNBrecordsanddocuments(i.e.financial,animal,etc.)foranylawfulpurpose,includingcompliancewiththeCaliforniaPublicRecordsActoranyapplicablelaw.Personnelrecords,attorney/clientprivilegeddocumentsandanyotherexemptedmaterialwillnotbedisclosedtoanyrequestor,unlessdisclosureofthisinformationiscompelledorwarrantedbylaw.IntheeventarequestforHSNBrecordsisreceivedbytheCity,CitywillpromptlynotifyHSNBofthereceiptoftherequestinordertoaffordHSNBwithanopportunitytoopposedisclosure.Anyoppositiontothedisclosuremustbeinwriting,articulatingalegalbasisfornondisclosure.TheCityattorneywillconsiderthebasisforanysuchoppositionpriortoreviewingorissuingtheCity'stimelyresponsetotherequestforproductionofrecords.FeeProcessingSheriffsAnimalControlwillensurefinancialarrangementsaremadepriortotransportinganynon-impoundedanimalfromHSNB.TheexchangeoffeesbetweenSheriff'sAnimalControlandHSNBwillbeprocessedonaquarterlyschedule.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage4of4Attachment2toExhibitA\.
EXHIBITBCOMPENSATION
1.ServiceProvidersCompensation.CityagreestopayServiceProvidersforthoseservicessetforthinExhibitAofthisAgreementandforallauthorizedexpenses,inmonthlyinstallmentsnottoexceedtheidentifiedcostsasoutlinedbelow:eFortheremainingportionofFiscalYear2014-15,February1throughJune30,2015,threehundredthirty-eightthousandsixhundredseventy-twodollars($338,672)totheCountyofSolano;andeAnnually,onehundredthirtyfivethousanddollars($135,000)totheHumaneSocietyoftheNorthBay.a.AdditionalServices:i. AdditionalServicesarethoseservicesrelatedtotheScopeofWorkofServiceProvidersassetforthinExhibitAbutnotanticipatedatthetimeofexecutionofthisAgreement.AdditionalServicesshallbeprovidedonlywhenaSupplementalAgreementauthorizingsuchAdditionalServicesisapprovedbytheCityManager,orhisorherdesignee.CityreservestherighttoperformanyAdditionalServiceswithitsownstaffortoretainotherServiceProviderstoperformtheAdditionalServices.ii.Service.Providers'compensationforAdditionalServicesshallbebasedonthetotalnumberofhoursspentonAdditionalServicesmultipliedbytheemployees'appropriatebillablehourlyrateasestablishedbelow.City,atitsoption,maynegotiateafixedfeeforsomeorallAdditionalServicesastheneedarises.WhereafixedfeeforAdditionalServicesisestablishedbymutualAgreementbetweenCityandServiceProviders,compensationtoServiceProvidersshallnotexceedthefixedfeeamount.'
2.PaymentstoServiceProviders.a.PaymentstoServiceProvidersshallbemadewithinareasonabletimeafterreceiptofServiceProviders'invoices,thepaymentstobemadeinproportiontoservicesperformed.ServiceProviders.mayrequestpaymentonamonthlybasis.ServiceProvidersshallberesponsibleforthecostofsupplyingalldocumentationnecessarytoverifythemonthlybillingstothesatisfactionofCity.b.AllinvoicessubmittedbyServiceProvidersshallcontainthefollowinginformation:i.Descriptionofservicesbilledunderthisinvoiceii.DateofInvoiceIssuanceiii.SequentialInvoiceNumberiv.SocialSecurityNumberorTaxpayerIdentificationNumberv.AmountofthisInvoicevi.TotalBilledtoDate0 Cc.BillingsthatdonotconformtotheformatoutlinedaboveshallbereturnedtoServiceProvidersforcorrection.TheCityshallnotberesponsiblefordelaysinpaymentAnimalControlServicesConsultantandProfessionalServicesAgreementPage1of2ExhibitB toServiceProvidersresultingfromServiceProvider'sfailuretocomplywiththeinvoiceformatdescribedabove.d.Requestforpaymentshallbesentto:JoannaAltmanAdministrativeAnalystIIOfficeoftheCityManager555SantaClaraStreetVallejo,CA945903.AccountingRecordsofServiceProviders.ServiceProvidersshallmaintainforthree(3)yearsaftercompletionofallserviceshereunder,allrecordsunderthisAgreement,including,butnotlimitedto,recordsofServiceProviders'directsalarycostsforallServicesandAdditionalServicesperformedunderthisAgreementandrecordsofServiceProviders'ReimbursableExpenses,inaccordancewithgenerallyacceptedaccountingpractices.ServiceProvidersshallkeepsuchrecordsavailableforaudit,inspectionandcopyingbyrepresentativesoftheCity'sFinanceDepartmentorothergovernmentagenciesduringregularbusinesshoursupontwenty-four(24)hours'notice.TheobligationsofServiceProvidersunderthissectionshallsurvivethisAgreement.4,Taxes.ServiceProvidersshallpay,whenandasdue,anyandalltaxesincurredasaresultofServiceProviders'compensationhereunder,includingestimatedtaxes,andshallprovideCitywithproofofsuchpaymentsuponrequest.5.TaxpayerIdentificationNumber.ServiceProvidersshallprovideCitywithServiceProviderscomplete.RequestforTaxpayerIdentificationNumberandCertification,FormW-9,asissuedbytheInternalRevenueService,andanyotherStateorlocaltaxidentificationnumberrequestedbyCity.tF¢ AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of2ExhibitB Attachment1toExhibitBSOLANOCOUNTYSHERIFF'SANIMALCONTROLUNITThetotaldeploymentcostforanimalcontrolservicesis$338,672forthefirstyearofservice(February1throughJune30).AnimalcontrolservicecostswillbeevaluatedandrenewedannuallyandaredeterminedbytheSolanoCountyAuditor-Controller,RiskAssessment,employeeCOLA's,orasservicelevelschange.NoadditionalchargesareincurredbytheCityunlessspecificallycontractedandagreedupon.Otherrequestsforservicewillbedeterminedasrequestsarereceived.Sheriff'sAnimalControlwillinvoicetheCitymonthlyforemergencymedicalcostsincurredatlocalVeterinarianfacilitiesonly.Atthesix-monthmeeting,Sheriff'sAnimalControlandtheCitywillreviewtheprojectedcostsoftheprogramandrecommendrevisionsasnecessary.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of2Attachment1toExhibitB SOLANOCOUNTYYSHERIFF-ANIMALCONTROLEstimatedFY2014/15AnnualizedCostfor2/1/15-6/30/15SubsequentYears.
PERSONNELSERVICES(3)AnimalControlOfficers 119,888$249,616$18,182$40,000(1)Anima!ControlSupervisor$Overtime 30,643$36,531ExtraHelpOfficers 13,281$27,358$ 811$18,923StandbyAnsweringService 2,500$6,120$SUBTOTALPERSONNELSERVICES185,305$378,548$SERVICESUPPLIES '8,100$3,800ClothingandPersonalEquipment$EmergencyMedicalServices(Non-CountyFacility)12,000$24,000$OfficeWorkstationandSupplies 9,849$4,503$29,949$.32,303SUBTOTALSERVICESUPPLIESSERVICEVEHICLES(3)ACOVehiclesandFuel 74,750$59,400$17,880$2,938VehicleTechnology $SUBTOTALSERVICEVEHICLES92,630$62,338$30,788$47,319DEPARTMENTADMINISTRATIVEOVERHEAD$338,672$520,508TOTALPROJECTEDEXPENSES$ PersonnelServices(3)Full-timeWeighted(SalaryandBenefits)AnimalControlOfficers,Step3(1)0.3weighted(SalaryandBenefits)AnimalControlSupervisor,Step4Overtimetosupportfivecallouts/month&vacation/sickleaverelieffor(3)AnimalControlOfficersAPart-time(50%)AnimalControlOfficerStandbyCompensationfornon-businesshours,weekendsandholidaysMonthlyAnsweringServicefornon-businesshours;weekendsandholidaysServiceSupplies©$950Annual.Clothing/UniformAllowanceand$1,075one-timestartupgear(vestandweapon)eEmergencymedicalservicesforanimalstakentonon-Countyfacilities.Costsexceeding$24,000arefullyreimbursedbytheCityofVallejoinanamountnottoexceed$36,000.ifcostsareestimatedtoexceed$36,000,CityandSheriff'sAnimalControlshallamendthisAgreement., eAworkstationandofficesuppliesfortheACOworkspaceServiceVehicleseAnnualcostforlease,fuelandnominalmaintenanceforthreevehiclesePurchaseofonenewvehicleinthefirstyear7 eTablet&Installationfor(3)ACOvehicles&-annualservicefeetoaccessChameleon,orcomparablesoftware,foreachvehicle AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of2Attachment1toExhibit.B e
Attachment2toExhibitB.HUMANESOCIETYOFTHENORTHBAYInagreeingtotheabove,theCitywillpaytheHSNBapproximately$135,000peryearforprovidinghumaneservicesthatsupplementtheSolanoCountySheriff'sAnimalControlUnitasidentifiedwithinthisagreement.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of1Attachment2toExhibitB 'Supplies&Services... Proposal...Kennelcleaningsupplies 4,084$Catlitter/boxes 1,790$ 5,750FeLV/FIVtestkits $Fleacontrol 10,000$29,752Petfood $Kennelsupplies&repairs 1,654$Copierlease/maintenance1,067$ 516Officesupplies $Facilitiesmaintenance/repairs1,037$Alarmservice 222$Phone/Internet 1,285$Utilities 13,436$ 3,244LiabilityInsurance $TotalSupplies&Services 73,837$Proposal...ProgramManagement&opérations(indirectcosts)SsKennelcleaning,animalcare/feeding,customerservice$41,870$19,293Programmanagement,taxes,insurance,licensesTotalprogrammanagement&o $61,163perations(indirectcosts)$-13,5000TOTALCOSTS© EXHIBITCINSURANCEREQUIREMENTSServiceProvidersshallprocureandmaintainforthedurationofthisAgreement,includinganyextensionsthereto,insuranceagainstclaimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnectionwiththeperformanceofserviceshereunderbytheServiceProviders,theiragents,representatives,oremployeesorsubcontractors.1.MinimumScopeofInsuranceCoverageshallbeatleastasbroadas:a.InsuranceServicesOfficeformnumberGL0002(Ed.1/73)coveringComprehensiveGeneralLiabilityandInsuranceServicesOfficeformnumberGL0404coveringBroadFormComprehensiveGeneralLiability;orInsuranceServicesOffice- CommercialGeneralLiabilitycoverage(occurrenceformCG0001).b.InsuranceServicesOfficeform'numberCA0001(Ed.1/78)coveringAutomobileLiability,code1anyautoandendorsementCA0025.Cc.Workers'CompensationinsuranceasrequiredbytheStateofCaliforniaandEmployer'sLiabilityInsurance.7 d.ProfessionalLiabilityinsuranceappropriatetotheServiceProvider'sprofession(ErrorsandOmission).2.MinimumLimitsofInsuranceServiceProvidersshallmaintainlimitsnolessthan:a.GeneralLiability:$2,000,000peroccurrenceforbodilyinjury,personalinjuryandpropertydamage.IfCommercialGeneralLiabilityInsuranceorotherformwithageneralaggregatelimitisused,eitherthegeneralaggregatelimitshallapplyseparatelytothisproject/locationorthegeneralaggregatelimitshallbetwicetherequiredoccurrencelimit.b.AutomobileLiability:$1,000,000peraccidentforbodilyinjuryandpropertydamage.c.Workers'CompensationandEmployer'sLiability:$1,000,000peraccidentforbodilyinjuryordisease.IfServiceProvidersarenotsubjecttoCaliforniaWorkers'Compensationrequirements,ServiceProvidersshallfileacompletedcertificateofexemptionformwhichmaybeobtainedfromtheCitypriortocommencinganyactivityauthorizedhereunder.d.ProfessionalLiability(ErrorsandOmission):$1,000,000combinedsinglelimitperoccurrence,andannualaggregate.3.DeductibleandSelf-InsuredRetentionAnimalControlServicesConsultantandProfessionalServicesAgreement.-_ Page1of3ExhibitC Anydeductiblesorself-insuredretentionmustbedeclaredtoandapprovedbytheCity.AttheoptionoftheCity,either:theinsurershallreduceoreliminatesuchdeductiblesorself-insuredretentionasrespectstheCityofVallejo,itsofficers,officials,employeesandvolunteers;ortheServiceProvidersshallprocureabondguaranteeingpaymentoflossesandrelatedinvestigations,claimadministrationanddefenseexpenses.4.OtherInsuranceProvisionsThegeneralliabilityandautomobileliabilitypolicies,ascanbeprovided,aretocontain,orbeendorsedtocontain,thefollowingprovisions:a.TheCityofVallejo,itsofficers,officials,employees,agentsandvolunteersaretobecoveredasadditionalinsuredsasrespects;liability,includingdefensecosts,arisingoutofactivitiesperformedbyoronbehalfoftheServiceProviders,productsandcompletedoperationsoftheServiceProviders;premisesowned,occupiedorusedbytheServiceProviders;orautomobilesowned,leasedhiredorborrowedbytheServiceProviders.ThecoverageshallcontainnospeciallimitationsonthescopeofprotectionaffordedtotheCityofVallejo,itsofficers,officials,employees,agentsorvolunteers.TheinsuranceistobeissuedbycompanieslicensedtodobusinessintheStateofCalifornia. , b.Foranyclaimsrelatedtothisproject,theServiceProviders'insurancecoverageshallbeprimaryinsuranceasrespectstheCityofVallejo,itsofficers,officials,employees,agentsandvolunteers.Anyinsuranceorself-insurancemaintainedbytheCityofVallejo,itsofficers,officials,employees,agentsorvolunteersshallbeexcessoftheServiceProviders'insuranceandshallnotcontributewithit. c.Anyfailuretocomplywithreportingorotherprovisionsofthepoliciesincluding.breachesofwarrantiesshallnotaffectcoverageprovidedtotheCity,itsofficers,officials,employees,agentsorvolunteers.d.TheServiceProviders'insuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothelimitsoftheinsurer'sliability.e.Eachinsurancepolicyrequiredbythisclauseshallbeendorsedtostatethatcoverageshallnotbesuspended,voided,canceledbyeitherparty,reducedincoverageorinlimitsexceptafterthirty(30)days'priorwrittennoticebycertifiedmail,returnreceiptrequested,hasbeengiventotheCity.Theworkers'compensationandemployer'sliabilitypolicyrequiredhereundershallbeendorsedtostatethattheworkers'compensationcarrierwaivesitsrightofsubrogationagainstCity,itsofficers,officials,employees,agentsandvolunteers,whichmightarisebyreasonofpaymentundersuchpolicyinconnectionwithServiceProvidersperformanceunderthisAgreement.5.AcceptabilityofInsurers:InsuranceistobeplacedwithinsurerswithacurrentA.M.Best'sratingofnolessthanA:VII.6.Verificationof.CoverageAnimalControlServicesConsultantandProfessionalServicesAgreementPage2of3ExhibitC ServiceProvidersshallfurnishtheCitywithcertificatesofinsuranceandoriginalendorsementseffectinggeneralandautomobileliabilityinsurancecoveragerequiredbythisclause.Thecertificatesandendorsementsaretobesignedbyapersonauthorizedbythatinsurertobindcoverageonitsbehalf.AllendorsementsaretobereceivedandapprovedbytheCitybeforeworkcommences.7.SubcontractorsServiceProvidersshallincludeallsubcontractorsasinsuredsunderitspoliciesorshallfurnishseparatecertificatesandendorsementsforeachsubcontractor.Allcoveragesforsubcontractorsshallbesubjecttoalloftherequirementsstatedherein.8.PaymentWithholdCitywillwithholdpaymentstoServiceProvidersifthecertificatesofinsuranceandendorsementsrequiredinParagraphF,above,arecanceledorServiceProvidersotherwiseceasetobeinsuredasrequiredherein.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage3of3ExhibitC FIRSTAMENDMENTTOCONSULTANTANDPROFESSIONALSERVICESAGREEMENTBETWEENCITYOFVALLEJO,COUNTYOFSOLANOANDHUMANESOCIETYOFTHENORTHBAYThisFirstAmendment("Amendment")tothatConsultantandProfessionalServicesAgreement("Agreement"),datedforreferenceonJanuary13,2015andenteredintobyandbetweentheCityofVallejo("City'),theCountyofSolano,apoliticalsubdivisionoftheStateofCaliforniabyandthroughtheSheriff'sOfficeAnimalControlUnit("SAC"),andtheHumaneSocietyoftheNorthBay("HSNB"),ismadeandonthisthirtiethdayofJune,2017.TheCity,SAC,andHSNBshallbereferredtoasthe"Parties"forpurposesofthisAmendment.ThePartiesdomutuallyagreeasfollows:1.ReplacementofExhibitA.ExhibitAtotheAgreementandanyandallAttachments,isamendedandreplaced,initsentirety,byExhibitAasattachedhereto,includingAttachment1andAttachment2. 4
2.ReplacementofAttachments1and2toExhibitB.ThePaymentSchedule,Attachment1toExhibitBandAttachment2toExhibitBtotheAgreement,isamendedandreplacedinitsentiretywithAttachment1toExhibitBandAttachment2toExhibitB,asattached.E E
3.RevisedTermoftheAgreement.TheAgreementtermiscurrentlyscheduledtoexpireonJune30,2017.AsofthedateofthisFirstAmendment,thetermoftheAgreementisextendedtoandshallexpireonJune30,2020.4.integration.ThisAmendmentcontainstheentireagreementbetweenthepartieswithrespecttoitssubjectmatterandsupersedeswhateveroralorwrittenunderstandingtheymayhavehadpriortotheexecutionofthisFirstAmendment.ThisFirstAmendmentshallnotbeamendedormodifiedexceptbyawrittenagreementexecutedbyeachoftheparties.Exceptasspecificallyrevisedherein,alltermsandconditionsoftheAgreement,andallprioramendments,ifany,shallremaininfullforceandeffect,andPartiesshallperformallduties,obligationsandconditionsrequiredundertheAgreement.5.Inconsistencies.IntheeventofanyconflictorinconsistencybetweentheprovisionsofthisAmendmentandtheAgreement,andanyprioramendment,ifany,theprovisionsofthisAmendmentshallcontrolinallrespects.6.Ambiguities.ThepartieshaveeachcarefullyreviewedthisAmendmentandhaveagreedtoeachtermofthisAmendment.NoambiguityshallbepresumedtobeFirstAmendmenttoAgreementBetweenCityofVallejoandCountyofSolano,Sheriff'sOfficeAnimalControlUnitandtheHumaneSocietyoftheNorthBay- Page1of3 construedagainsteitherparty.7.Counterparts.ThisAmendmentmaybeexecutedbythepartiesinoneormorecounterpartsallofwhichcollectivelyshallconstituteonedocumentandagreement.8.Authority.ThepersonsigningthisAmendmentforhisorherrespectivePartyherebyrepresentsandwarrantsthatheorsheisfullyauthorizedtosignthisAmendmentonbehalfofsuchParty. (SIGNATURESAREONTHEFOLLOWINGPAGE)
FirstAmendmenttoAgreementBetweenCityofVallejoandCountyofSolano,Sheriff'sOfficeAnimalContro!UnitandtheHumaneSocietyoftheNorthBay Page2of3 INWITNESSWHEREOF,thepartieshaveenteredintothisFirstAmendmentonthedayandyearfirsthereinaboveappearing.THECOUNTYOFSOLANO,apoliticalCITYOFVALLEJO,subdivisionoftheStateofCaliforniaby amunicipalcorporationandthroughtheSheriff'sOffice f€By BBirgittaE.Corsdflo anielE.KeenCountyAdministratorCityManagerDATE:Of2V2; DATE:b|(1APPROVEDASTOFORMATTEST:fu- pBy:BapDawnAbrahamsoh,CityClerkCountyCounsel APPROVEDASTOCONTENT:APPROWEDASTOCONTENT
OzAltmanSheriff- Coroner AssistanttotheCityManagerHUMANESOCIETYOFTHENORTHBAY,a501(c)3privatenon-profitAPPROVEDASTOFORMcorporatio ANDINSURANCEBy: ~StephanieGomesClaudiaQuintanaPresidentCityAttorneyDATE:le/|o/(tk (CitySeal).,,ot VallejoBusinessLicenseNo. oo oe(CountySeal) ~:
FirstAmendmenttoAgreementBetweenCityofVallejoandCountyofSolano,Sheriff'sOfficeAnimalControlUnitandtheHumaneSocietyoftheNorthBay ; Page3of3 ThomasA.DMetl)(or,
EXHIBITASCOPEOFWORK1.Representatives.TheCityRepresentativeforthisAgreementis:JoannaAltmanAssistanttotheCityManagerOfficeoftheCityManager555SantaClaraStreetVallejo,CA94590(707)648-4362(phone)(707)648-4426(fax)joanna.altman@cityofvallejo.netTheSACRepresentativeforthisAgreementis:ThomasA.FerraraSheriff- CoronerSolanoCountySheriff'sOffice530UnionAvenue,Suite100Fairfield,CA94533(707)784-7000(phone)TheHSNBRepresentativeforthisAgreementis:StephanieGomesPresidentHumaneSocietyoftheNorthBay1121SonomaBoulevardVallejo,CA94590(707)853-2801(phone)(707)645-7909(fax)sgomes@hsnb.orgAllroutineadministrativecommunicationsbetweenthepartieswillbebetweentheabovenamedrepresentativesandmaybebypersonaldelivery,mail,facsimiletransmissionorelectronicmailasagreedbetweentheServiceProvidersRepresentativesandCity'sRepresentative.2.ServicestobeProvided.TheservicesprovidedshallbeassetforthinAttachment1and2ofExhibitA,attachedandincorporatedbythisreference.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of1ExhibitA Attachment1toExhibitAANIMALCONTROLKEYDELIVERABLESTheprovisionofservicesbytheSolanoCountySheriff'sOffice- AnimalControlUnittotheCityofVallejoforanimalcontrolserviceswillbeprovidedinaccordancewiththefollowingspecifications:1.TheSheriff'sAnimalContro!shallmaintainonstaffatleastthree(3)individualswhoshallmeetalltherequirementssetforthinPenalCode§830.9,§7(a)oftheFoodandAgricultureCode,andSolanoCountyCodeChapter4-33.TheseAnimalControlOfficers,employedbytheSheriff'sOffice,shallissuecitations,makearrests,servewarrants,andconductcriminalinvestigations.2.TheCityagreestoappointtheSheriffofSolanoCountyastheAnimalControlDirectorasoutlinedintheCityofVallejoMunicipalCode("VMC")§7.12.010.3.Normal!businesshoursfortheSheriff'sAnimatControlUnitare6:00a.m.to7:00p.m.,MondaythroughFriday,andelevenhourswithstaggeredtimesdependingupontheseasonandasapprovedbybothSheriffsAnimalControlandtheCity,SaturdayandSunday,excludingCountyrecognizedholidays.Sheriff'sAnimalControlshallprovidethefollowingminimumstaffingtotheCityofVallejo:a.Two(2)AnimalControlOfficersondutyintheCityofVallejoMondaythroughThursdayfortwelveandonehalfhoursperday,andonFridayforelevenhoursperday.Eachofficerwillhaveaone-hourunpaidlunchbreakperscheduledshift.ShiftsshallbestaggeredsothatoneofficerispresentinVallejoduringthenormalbusinesshours.b.One(1)AnimalControlOfficerondutyintheCityofVallejoSaturdayandSundayforelevenhoursperday.Theofficerwillhaveaone-hourunpaidlunchbreakperscheduledshift.Cc.Atleastone(1)AnimalControlOfficeron-callduringnon-scheduledhoursseven(7)daysperweekandduringCountyrecognizedholidays,aspublishedannuallybytheSolanoCountyBoardofSupervisors.d.WithwrittenapprovaloftheCityManager,theSheriff'sOfficemayadjustthe"normal"businesshours.e.Sheriff'sAnimalControlshallnoticetheCityManager,ordesignee,iftheSheriff'sOfficeexpectstohavelessthanrequiredstaffondutyformorethantwoconsecutivedaysforoccasionsofunexpectedillnessorunforeseenbusinessnecessity,asrequiredtoattendtraining,tradeseminars,ortofulfillotherlegallymandatedrequirementsfromtheState,County,ortheCityofVallejo.f.TheSheriff'sOfficemay,atitsdiscretion,moveavailableresourcesasneededtootherareasformutualaidassistanceattherequestofotherjurisdictions.TheSheriff'sOfficeshallsubmittoCitythepurposeandlengthoftimeresourceswereredirected.4.TheSheriffsAnimalControlshallprovidethefollowingserviceswithintheresponsetimesetforth:a.Duringnormalbusinesshours,Sheriff'sAnimalControlwillrespondtocallsforanimalsrunningloose,seriouslyinjuredanimals,viciousanimalsoranimalsendangeringhumanlifeorsafety,animalnuisancecomplaints,andabusedorneglectedanimalswithinonehourofcallreceived.AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of9Attachment1toExhibitA 5 i. InaccordancewithPenalCode§597,Sherriff'sAnimalControlmayadministerfieldeuthanasia.b.Duringholidaysandafter-hours,Sheriff'sAnimalControlwillrespondwithintwo,butnomorethanthreehours,toconfirmedreportsofviciousanimalsoranimalsendangeringhumanlifeorsafety.Cc.Callsforservicefromanimalownerswhowishtosurrendertheiranimal(s)foradoptionordestructionandwhodonothavetransportationtotheSheltershallbehandledwithintwenty-four(24)businesshours(Monday-Friday,excludingholidays).AnimalssurrenderedbyownersinthefieldwillbetransporteddirectlytotheSolanoCountyAnimalCareFacility.Sheriff'sAnimalControlwilladheretotheSolanoCountyprocessforfieldsurrendersandmaychargeVallejoresidentsaccordingtotheCountyFeeSchedule(i.e.,pick-up,surrender,disposal,etc.).Sheriff'sAnimalControlwillinvoiceVallejoresidentsdirectlyforthisserviceandwillretainrevenuesthatwilloffsettheSolanoCountyAnimalShelterexpense.d.TheSheriff'sOfficereservestherighttoutilizeotherSheriff'sOfficeresourcestohandleorvalidateacallforservicepriortodispatchingaSheriff'sAnimalControlOfficerafterhours,duringtimesofstaffingshortages,orduringhighvolumeofcallsforservice.TheSheriffsAnimalControlshallenforceallinfractionandmisdemeanorprovisionsofFederal,State,andlocallawstoinclude,butnotlimitedto,thePenalCode,Health&SafetyCode,Fish&GameCode,CodeofRegulationsofCalifornia,Chapter4oftheCountyOrdinances,andTitle7oftheCityofVallejoMunicipalCodeastheyrelatetodomesticanimalswithintheCityofVallejo.Suchenforcementshailincludeissuingcitations,makingarrests,andimpoundinganimals. 6 a.TheVallejoPoliceDepartment(VPD)isresponsibleforinvestigatingseriousfelonyanimalcrueltycasesintheirjurisdiction.IfaSheriffsAnimalControlOfficerdeterminesacasemaybeafelonyanimalcrueltycrime,theywillrequestVPDtorespondandassumethecriminalinvestigation.b.IfVPDdisagreeswiththedetermination,theSheriff'sAnimalControlSupervisorwillbenotifiedandhe/shewillassistindeterminingtheleadagency.Cc.VPDmayrequesttheSheriff'sOfficeretainseriousanimalcrueltycasesandsuchcostoutsidethenormalscopeofthisagreementshallbechargedtotheCity(i.e.overtime,specialists,suppliesand/orinvestigators).TheVPDWatchCommanderisauthorizedtomakethisrequest.TheserviceareaofthisAgreementshallincludeincorporatedareasoftheCityofVallejowheretheCityhasprimarylawenforcementjurisdiction,toincludepartsofMareIslandandexcludingplacessuchasCaliforniaMaritimeAcademy.
7. a.Sheriff'sAnimalControlshallpatrolandprovideservicesasdescribedwithinthisagreementandscopeofworktotheMareislandCommunityFacilityDistrict(CFD)totalingamaximumofapproximately30hourspermonth.Sheriff'sAnimalControlwilltrackthetotalnumberofhoursspentpatrollingandservicingtheMareIslandCFDandsubmitamonthlyreporttotheCity.b.Sheriff'sAnimalControlwillidentifyatrackingmethodthatcapturesthetotalcallsforserviceandamountoftimespentwithintheboundariesoftheCFD.AformalmemorandumidentifyingthebestmethodwillbeprovidedtotheCityManagerwithin90daysoftheoriginalcontractdate.Sheriff'sAnimalControlshallundertakeandmaintaindirectpatrolofneighborhoodsfor AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of9Attachment1toExhibitA unlawfulstrayanimalsandotherviolationsoflawsconcerninganimals.8.Sheriff'sAnimalControlshallcooperatewiththeSolanoCountyDistrictAttorney'sOffice,CountyCounsel,theCityofVallejo,theCity'sAttorney'sOffice,VallejoPoliceDepartment,FishandWildlife,andotherlawenforcementagenciesininvestigatingandprosecutinganimallawviolations.9.WhenlawenforcementassistanceisneededforSheriffsAnimalControl,VallejoPoliceDepartmentshallbetheprimarylawenforcementagencyforresponsewithintheCityofVallejo.10.TheSheriff'sOfficewillaccuratelyandlegiblymaintainalldocumentationandshallbetheofficialrepositoryforalldocumentationincludingbutnotlimitedtoreports,records,casefiles,citations,and/orothercriminalandadministrativeprocesscompletedbytheSheriff'sAnimalControl.TheSheriff'sOfficeshallprovidemonthlyreportstoCityinthefirstyearofcontractandquarterlyforeachyearthereafter.Withineachreport,Sheriff'sAnimalControlwillincludethefollowing:a.Intake(Stray,OwnerSurrender,etc.)andidentifythelocation(address,crossstreets)bywhichananimalwasobtained.b.TransferinformationidentifyingwhichanimalswereobtainedwithintheCityofVallejojurisdiction,County-unincorporatedjurisdiction,HSNBorother.c.Callsforservicereceivedandrespondedto,groupedbytypesofcall(e.g.animalrunningloose,dangerousanimal,complaints,etc.)d.Anaccountingforon-dutyandon-callAnimalControlOfficerhours(e.g.totalnormalandovertimehourspermonth,totalnumberofhourson-call,etc.).e.Aspreadsheetidentifyingtheanimal,dateandtotalinvoiceamountforeachVallejoanimalreceivingemergencymedicalcare.11.Sheriff'sAnimalControlshallberesponsibleforenforcingtheDangerousDogOrdinance,VMC§7.37.Thisshallinclude,butisnotlimitedto,notifyingparticipantsofhearings,actingasthecity'srepresentativeduringhearingsandenforcingtheregistrationrequirementsoftheordinance.12.Sheriff'sAnimalControlshallberesponsibleforenforcingandadministeringthefieldworkoftheAnimalNuisanceordinancesasoutlinedinVMC§7.36.13.Sheriff'sAnima!Contro!shallreviewallreportedanimalbitecasestoensurenoviolationsofCityordinanceexist,and/ortomakeadeterminationifdangerousdogoranimalnuisanceproceedingsareappropriate.14.Sheriff'sAnimalControlshallconductfacilityinspectionsforKennelLicensesasoutlinedinVMC§7.32.030alongwithrandominspectionstoensurecompliancewithVMC§7.32.15.Sheriff'sAnimalControlshallconductfacilityinspectionsforexoticanimalregistrationasoutlinedinVMC§7.12.130asrequiredbytheCity.16.Sheriff'sAnimalControlshallprovidetrappingservicesforferaldomesticanimalsonpublicpropertywhenoverpopulationaffectsthehealthandwelfareofthepublic.HSNBwillbeaffordedanopportunitytocreateaCommunityCatProgramintheareaasanalternateapproach.Intheeventtheriskofhealthandsafetytothepublicbecomesareality,trappingand Anima!ControlServicesConsultantandProfessionalServicesAgreementPage3of9Attachment1toExhibitA othermeasureswillbeutilized.Thisservicemaybeprovidedonprivatepropertyattheexpenseofthepropertyownerasgovernedand/orbasedonthecurrentlyadoptedSolanoCountyfeescheduleforACO(s)hourlyrate(s).17.Sheriff'sAnimalControlshallmaintainatwenty-four(24)hourtelephonenumberforcallsforservice.Duringnormalbusinesshours,SheriffsAnimalControlwillbeavailabletoreceivedirectcallsforservicefromthepublicinanefforttoobtainaninstantresponsetoinquiries.TheSheriff'sOfficeshallberesponsiblefordispatchingallcallsforservice.
ServicesOutsidetheScopeofAgreement1.Animalcarcassremovalfrompublicroads,buildings,orpropertytoincludepropertiesoutlinedin§7.12.130oftheCityofVallejoMunicipalCodeshallbeconductedundertheCity'scontractwiththelocalgarbagecompanytoincludecompliancewithStreetsandHighwayCode§91.8(S&HC).2.TheCityshallretaintheadministrativeprocessoverexoticanimalregistrationservicesasoutlined§7.12.140oftheCityofVallejoMunicipalCode.3.TheCityshallretaintheadministrativeprocessovertheKennelLicenseprocessasoutlinedinChapter7oftheCityofVallejoMunicipalCodeasitrelatestoissuance,monitoring,orcollectingfeesforsuchlicenses.4.TheCityshallretainadministrativeprocessovertheDangerousDogproceedings,toincludetheappointmentoftheHearingOfficer,asoutlinedinVMC§7.37.010(H).Sheriff'sAnimalCareshallreceivewrittendocumentationofeachstepoftheprocessfromtheCityforrecords;i.e.copiesofnotices,services,outcome,and/orimposedconditions.5.Sheriff'sAnimalControlshallnotprovideurbanorwildlifetrappingforthepurposesofpopulationcontrol.6.RabiesControlisnotpartofthisagreement,asthisserviceisconductedbythedesignatedPublicHealthOfficer(SheriffsAnimalControl)outsideofthisagreement.TheCityacknowledgesthatSheriff'sAnimalControlOfficersarealsoPublicHealthOfficersasitrelatestoRabiesControl.Sheriff'sAnimalControlOfficerspossesstheauthorityasoutlinedin§7.28.010/.020oftheCityofVallejoMunicipalCode.Noprovisionsofthisagreementareintendedtoconflictormodifyanyrabiescontrolagreement(s)withtheCounty.
AnimalControl/HSNBRelationshipTheCityagreesthatSheriff'sAnimalControlisnotresponsibleforprovidingananimalshelter;suchserviceisalreadybeingprovidedbyMemorandumofUnderstandingonProvisionsofAnimalCareServicesdatedDecember30,2012withSolanoCountyandbyAgreementwithHSNB.Additionalprocessrelatedprotocolswillbediscussedandmutuallyagreeduponbyallthreeparties.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage4of9Attachment1toExhibitA
1.Noprovisionsofthisagreementareintendedtoconflictormodifyanyshelteragreement(s)withtheCounty,unlessotherwisestated.2.Sheriff'sAnimalControlunderstandstheimportanceofhavinganimalshelterservicesinthecommunity,andunderstandsthattheCityofVallejowillmaintainabusinessrelationshipwithHSNBforsuchservices.3.SheriffsAnimalControlwillmakeallreasonableeffortstomaintainapositiveworkingrelationshipwiththeHSNB.Sheriff'sAnimalControlshalldeliverallimpoundedanimalsfromtheCityofVallejotoHSNBforthetemporaryholdperiods,andshalldeliverallimpoundedanimalsfromunincorporatedVallejotoHSNBforthetemporaryholdperiods.a.Specificinformationabouteachimpoundedanimalshallbeenteredelectronicallyviathesheltermanagementsoftwareorformasapprovedinthisagreementorviamutualagreementofthethreepartiesduringbothnormalbusinessandnon-scheduledhours.4.HSNBwillallowtheSheriff'sAnimalControl24-houraccesstoasafeandsecurelocationforSheriff'sAnimalContro!todeliverimpoundedanimals,storevehicles,vaccines,suppliesandequipmentfreeofchargetotheCountyinarestrictedsectionoftheHSNB-leasedfacility.5.FeescollectedbytheHSNBforownersurrenderswillbekeptbytheHSNBforallanimalstheHSNBbringsintotheHSNBprogram.«6.TheHSNBretainstherighttodeterminewhereSheriff'sAnimalControlentersandexitsthefacilitytodropoffanimals.a.Sheriff'sAnimalControlwillpayforequipmentneededbySheriff'sAnimalControltoaccessHSNBfacilities(i.e.Keysorremotecontrolunitsforthegate).7.HSNBwillworkinpartnershipwithSheriff'sAnimalControlinavoidinganima!destruction,reducingCityofVallejoshelteringexpenses,andpromotingadoptionofVallejoanimals.8.Sheriff'sAnimalControlshalltakeallanimalsnotacceptedbyHSNBorbeyondthemaximumcapacityofHSNBdirectlytotheSolanoCountyAnimalCareFacilityinFairfield.a.HSNBwillprovide20restrictedAnimalContro!kennelsand18AnimalControlcatcagesforthelegallyrequiredholdingperiodsorupto10days.b.Sheriff'sAnimalControlorfieldrepresentativeswilladheretoproperintakeprotocols(e.g.documentation,photographsandvaccinationofanimalsuponintake,proceduresthatpreventthespreadofdisease,etc.)9.SheriffsAnimalControlwilltakeanimalsimpoundedduringcriminaldisputes,investigationsorotherlawenforcementactionsdirectlytotheSolanoCountyAnimalCareFacilityinFairfieldinordertoprotectHSNBstaff,propertyandanimals.Sheriff'sAnimalControlshallmakeagoodfaithattempttoinformtheanimals'ownersofthelocationoftheimpoundedanimal.10.Aftertheminimumholdingperiodofthreenormalbusinessdaysorupto10daysforall AnimalControlServicesConsultantandProfessionalServicesAgreementPage5of9Attachment1toExhibitA -impoundedandsurrenderedanimals,atitsdiscretion,HSNBmaykeepanimalsitconsidersadoptable.AnimalsdeemedadoptablebyHSNBshallberelocatedto"non-animalcontrol"kennelsandcages.Sheriff'sAnimalControlshalltakepossessionofanyimpoundedorsurrenderedanimalsthatHSNBhaschosennottoacceptanddeliveranimalstotheSolanoCountyAnimalCareFacility.HSNBwillmaintainaminimumoffouropendogkennelsandcatcagesforincominganimalsforimpound.Unlessananimalhasaninjuryordisease,HSNBshallnotholdimpoundedanimalslongerthantencalendardays.11.Allanimalswillreceivethefollowingrequiredvaccinesimmediatelyuponintake:modifiedliveDA2PPorDHPPandmodifiedliveBordetellaforcanines;modifiedliveFVRCPforfelines.a.RepresentativesoftheSolanoCountySheriff'sOfficewillplaceanimalsinpre-designatedkennelsduringnon-businesshours.b.lfSheriff'sAnimalControlcannotvaccinateandintaketheseanimalsassoonaspossible,HSNBwilldoso.Sheriff'sAnimalControlwillberesponsibleforthecostofthevaccines.c.Sheriff'sAnimalControlshallsubmitaquarterlyreporttoHSNBidentifyingtheanimalsbroughtinbyrepresentativesoftheSolanoCountySheriff'sOfficeandplacedinthetemporaryoffhoursholdingkennels,includingwhethervaccineswereprovidedornot;ifvaccineswerenotprovided,Sheriff'sAnimalControlshallreimburseHSNBforthecostofthevaccinesandshallremitpaymentwithin15daysofthequarter'sendforvaccinecostsincurredinthepreviousquarter.d.Animalssurrenderedordropped-offinpersonatHSNBbyresidentsofVallejoorUnincorporatedVallejowillbevaccinateduponintakebyHSNBbeforeplacinginHSNBkennels/cages.e.Rabiesvaccinationswillbelawfullyadministeredassoonaspossiblefollowingintake.f.Oftheowner-surrenderedanimalsvaccinatedandretainedbyHSNB,HSNBwillreimburseSheriff'sAnimalControlthecostofthevaccinesifsuppliedbySheriff'sAnimalControl.g.lfSheriff'sAnimalControlusesHSNBvaccines,Sheriff'sAnimalControlwillreimburseHSNBforthecostofthevaccines.h.HSNBwillprovidespaceforrefrigerationforallvaccines.12.ItisSheriff'sAnimalContro!expectationthatHSNBshallworkinpartnershipandcooperationwithSheriff'sAnimalContro!toobservebehaviorsandmaintainrecordsofcasesthatrequireanyenforcementactionoranimalabuseinvestigation.13.Sheriff'sAnimalControlshallprovidereasonableanimaltransportfortheCity'sstrayandsurrenderedanimalsfromHSNBtotheCountyshelterduringnormalbusinesshoursatnoadditionalcosttoHSNBortheCityofVallejo.HSNBshallberesponsibleforcostsassociatedwithsurrenderofitsnon-impoundedanimalstotheSolanoCountyAnimalCareFacility.a.Sheriff'sAnimalControlandHSNBwillestablisharoutineandmutuallyagreedupontransportschedulethatsatisfiestheneedsofbothpartieswhilealsoconservinggasandreducingvehiclewearandtear.14.Sheriff'sAnimalControlshallprovideemergencyanimaltransportservicesduringnormalbusinesshoursforanyCityofVallejoanimalrequiringimmediatemedicalcare.TheCityofVallejoshallreimburseSolanoCountyforthenon-Countyveterinarycostnottoexceed$200,in AnimalControlServicesConsultantandProfessionalServicesAgreementPage6of9Attachment1toExhibitA , accordancewiththestandardssetbySheriffsAnimalControl,includingthecollectionoffeesfromananimal'sowner.Sheriff'sAnimalControlwillselectthemedicalfacility,withthefirstchoicebeingthecountyshelter,whenaveterinarianisonduty,oralocalveterinarian.IntheeventtheimpoundedanimalistakentotheSolanoCountyAnimalCareFacility,itshallbetransferredintoitscarepertheCityMOU.Iftheanimalistakentoanon-Countyveterinarian,animpoundreport,receiptandmileagelogshallbesubmittedaspartofthequarterlyreport.RequestsexceedingtheallocationidentifiedinAttachment1toExhibitBshallbesubmittedmonthlyforreimbursementalongwiththeinvoice.ReimbursementswillnotbeaffordedforanimalstakentotheSolanoCountyAnimalCareFacility.Sheriff'sAnimalControlwillfirstofferanimalstreatedataveterinaryfacilityotherthantheSolanoCountyAnimalCareFacility,uponcompletionofsuchcareorrequiringongoingcarefromtheaveterinaryfacilityotherthantheSolanoCountyAnimalCareFacility,toHSNBfortheiradoptionprogram.IfHSNBrefuses,theseanimalsshallbetakendirectlytotheSolanoCountyAnimalCareFacility.Sheriff'sAnimalControlwillendeavortorespondtoHSNBtoretrievesurrenderedand/orabandonedCityofVallejoanimalsrequiringimmediatemedicalcarewithinthirty(80)minutes,andnotmorethanonehour.a.IfSheriffsAnimalControlcannotrespondwithintheallottedtimeframe,oriftheimpoundedanimalissufferingandneedsimmediateemergencycare,HSNBshalltransporttheanimaltoalocalveterinarian.ThecostofsuchtreatmentshallbepaidbytheCityofVallejoinaccordancewiththestandardssetbySheriff'sAnimalControl,includingthecollectionoffeesfromananimal'sowner,withcostsnottoexceed$200perimpoundedanimal.Animpoundreport,receiptandmileagelogshallbesubmittedaspartofthequarterlyreport.RequestsexceedingtheallocationidentifiedinAttachment2toExhibitBshallbesubmittedmonthlyforreimbursement.b.HSNBwillberesponsiblefortransferringallrecordsastheypertaintoeachanimalbeingtransferredtoSheriff'sAnimalControl,includingbutnotlimited.totheaddressanddriver'slicensenumberofindividualssurrenderinganimals(ifavailable),andinthecaseofstrayanimals,theaddress/crossstreetswheretheanimalwasobtained.OnlyanimalsresidinginorsurrenderedbySolanoCountyresidentswillbetransferredtotheSolanoAnimalCareFacility.c.Sheriff'sAnimalControlandHSNBwillpartnerwithlocalveterinariansforthepurposeofprovidingemergencymedicalcareinthetimesaveterinarianisnotpresentattheSolanoCountyAnimalCareFacility.Sheriff'sAnimalControlmaintainstheauthoritytoauthorizeaVeterinarianpartnertoprovidetreatmenttoanimalswithoutanidentifiedownerinanamountnottoexceed$200.00perincident.AnimalsrequiringtreatmentbeyondthisidentifiedcapwillbehandledonanindividualbasisincoordinationbetweenSheriff'sAnimalControlandtheCityrepresentative.HSNBmayassumeresponsibilityforanimalsandacceptthemintoitsadoptionprogram,thustakingonanyfurtherfinanciallyliability.d.AllHSNBanimalsonceHSNBhasassumedownership/responsibilityafterthelegallymandatedholdingperiodofthreedaysorupto10daysbeforeHSNBmakesafinaldecisionontheanimal,shallbetheresponsibilityofHSNBalone.15.AnyanimalsurrenderfeescollectedbyHSNBforanimalsthatarelatertransportedtotheSolanoCountyAnimalCareFacilityshallbepaidtotheSolanoCountyAnimalCareFacility,lessa$15perdaychargeforcareoftheanimal.HSNBwillprovideownersurrenderandanimalinformationanddocumentationtotheAnimalControlOfficeratthetimeoftransferoftheanimaltotheSolanoAnimalCareFacility.HSNBwillprovideaquarterlyreportidentifyingallanimalAnimalControlServicesConsultantandProfessionalServicesAgreementPage7of9Attachment1toExhibitA , surrendersforwhichitcollectedfeesandlatertransferredtoSolanoCountyAnimalCareFacility,andremitpaymentwithin15daysofthequarter'sendforanimalsurrenderfeescollectedinthepreviousquarter.EquipmentTraining/FacilitiesAsdefinedinthebudgetnarrative,theSheriff'sOfficeshallberesponsibleforprovidingandmaintainingallequipmentandtrainingforAnimalControlOfficers(ortheirdesignees)thatarerequiredtoperformtheservicesunderthisagreement.1.TheCitytransferredownershipofuptothree(3)CityownedanimalcontrolvehiclesinpossessionofHSNBforaone-timetransferfeeofonedollarpervehicle,uponoriginationofthisagreement.a.Shouldtheagreementdissolveduringtheworkinglifeofthesevehiclesorananimalcontro!vehicletheCityhasdirectlyfunded,Sheriff'sAnimalControlwillreimbursetheCitythefairmarketvalueofeachvehicleorreturnthevehicletotheCityforaone-timetransferfeeofonedollarpervehicle.2.TheSheriff'sOfficewillprovidevehicles,maintenanceofvehicles,uniforms,equipment,training,andanyotherreasonabletools,services,orobjectsnecessarytoperformtheservicesunderthisAgreement.3.TheSheriff'sOfficewillfacilitatetrainingtoincludetradeseminars,basicandadvancedofficertraining,alongwithanylegallymandatedtrainingrequirementstoensureAnimalControlOfficersmeetorexceedindustrystandardstoperformthedutiesrelatedtoAnimalControl.4.HSNBwillidentifyandprovideSheriff'sAnimalControlasafeandsecurespacetostorevehicles,supplies,vaccinesandequipmentfreeofchargetotheCounty;CountyisresponsibleforprovidingarefrigeratorforvaccinesifkeptseparatefromHSNB'svaccinesPublicBilling/FeeCollectionTheCityagreesandacknowledgesthattheCountyshallretainallrightstocollectfeesforservicesasauthorizedbyCityorCountyordinanceandbystateorfederallaw.Sheriff'sAnimalControlmaychargetheanimalownersforthecostofservices.Someofthesefeesinclude,butarenotlimitedto,are:a.Servicesoutsidethescopeofthiscontract.b.Feesasauthorizedby§7.16.050oftheVallejoMunicipalCodec.FeesasauthorizedbytheCountyBoardofSupervisorsd.AnyotherfeeasauthorizedbyStateorFederalLawFeescollectedbyHSNBforanimalsthatarenottransferredtotheSolanoCountyAnimalCareFacilityareexcludedfromthisprovision.Sheriff'sAnimalControlwillensurefinancialarrangementsaremadepriortotransportinganynon-impoundedanimalfromHSNB.TheexchangeoffeesbetweenSheriff'sAnimalControlandHSNBwillbeprocessedonaquarterlyschedule.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage8of9Attachment1toExhibitA AgreementReviewAllpartiesshallmeetannually,orasneeded,toevaluateservicelevelsandcontractcost,andamendasnecessarywithapprovalofthepresidingboardsorcouncil.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage9of9'Attachment1toExhibitA Attachment2toExhibitA-
LOCALSHELTERINGKEYDELIVERABLESTheHumaneSocietyoftheNorthBay("HSNB")(formerlytheBeniciaVallejoHumaneSociety)isaprivate,non-profitorganizationwhosemissionisprovidinglostorhomelessanimalsmedicalcare,shelterandnourishment;protectinganimalsfromcruelty,neglect,andcarelessness;andeducatingthepublicaboutanimalwelfare,overpopulation,andhumanealternatives.ThismissionclearlyiscompatiblewiththeneedforeffectiveandfiscallyresponsibleanimalcontrolservicesforthecitizensoftheCityofVallejo("City").HSNBbelievesitiscrucialtomaintainapositiveandsupportiverelationshipwiththeCityandSheriff'sAnimalControlsothatthecommunityhasalocalfacilityforcommunitymemberstorecovermissingpets,adoptnewpets,andaccesstootherhumaneanimalservices- withouttravelingtotheSolanoCountyAnimalCareFacility.HSNBwillsupplementtheSolanoCountySheriff'sOfficeAnimalControlandincludethefollowing:HSNBServicesProvidedtotheCommunityeAdoptions- on-siteandthroughmobileadoptioneventseFosterprograms(savinglivesanddecreasingthenumberofanimalsgoingtotheSolanoCountyAnimalCareFacility)Reunitinglost/foundanimalswiththeirownersLow-costspay/neuterandotherpetcareopportunitiesMicrochippingDoglicensingPubliceducationOtherpet-relatedcommunityservices(i.e.newownerdogtraining,neonatalkittencare,etc.)eCommunityCatProgram(Trap/Neuter/Return)and/orferalcatassistance(feralcatspay/neuteroptions,vaccinations,relocationandgeneralguidanceandassistance)HoursofOperationeTheHSNBfacilitywillbeopentothepublicforaminimumofsix(6)hoursperday,andfive(5)daysperweekunlessanemergency/diseaseoutbreakrequiresatemporaryclosure.HSNBwillcommunicateanynecessaryclosureswiththeCityofVallejoandSheriff'sAnimalControl.eTheHSNBfacilitymaybeclosedtothepubliconthefollowingHolidays:NewYear'sDayMemorialDay4thofJulyLaborDayThanksgivingDayChristmasDay 000000
AnimalControlHolds/impoundedAnimalsAnimalControlServicesConsultantandProfessionalServicesAgreementPage1of4Attachment2toExhibitA , HSNBwillcontinuetoprovidehumaneanimalservicestothecommunity,includingintakeofowner-surrenderedanimalsasspaceallows.1.Sheriff'sAnimalControlwilldeliverallimpoundedCityandunincorporatedVallejoanimalstoHSNBforthelegallyrequiredholdingperiodswiththeexceptionofthoseanimalsrequiringimmediatemedicalattentionasidentifiedinAttachment1ofExhibitA,incorporatedbyreference,pursuanttoPenalCode§597(f).AnimalsrequiringimmediatemedicalcarewillbedeliveredtotheSolanoCountyAnimalCareFacilityorlocalveterinarianasdescribedinAttachment1ofExhibitA,incorporatedbyreference.2.TheHSNBwillcreateandmaintainappropriaterecordsforeachanimalbroughttotheshelter,includingbutnotlimitedtotheaddressanddriver'slicensenumberoftheindividualsurrenderingananimal(ifavailable),andinthecaseofstrayanimals,theaddressorlocation/crossstreetswheretheanimalwasobtained.a.Specificinformationabouteachimpoundedanimalshallbeenteredelectronicallyviathesheltermanagementsoftwareorformasapprovedinthisagreementorviamutualagreementofthethreepartiesduringbothnormalbusinessandnon-scheduledhours.3.HSNBshallprovidecareforthedogsinthe20restrictedAnimalControlkennelsandthecatsinthe18AnimalControlcatcagesforthelegallyrequiredholdingperiods.Animalswillbefedtwiceperdayandkennelsandcageswillbecleanedtwiceperday;medicationswillbegivenifprescribedbyaveterinarian.a.Sheriff'sAnimalControlandrepresentativesoftheSolanoCountySheriff'sDepartmentwilladheretoHSNBintakeprotocols(e.g.photographs,documentationandvaccinationofanimalsuponintake,proceduresthatpreventthespreadofdisease,etc.)4.Allanimalswillreceivethefollowingrequiredvaccinesimmediatelyuponintake:modifiedliveDA2PPorDHPPandmodifiedliveBordetellaforcanines;modifiedliveFVRCPforfelines.a.Sheriff'sAnimalControlwillvaccinateanimalstheybringtoHSNBuponintakebeforeplacingintoHSNBkennels.b.AnimalsfoundinVallejoorsurrendered/dropped-offinpersonatHSNBbyresidentsofVallejoorUnincorporatedVallejo,willbevaccinateduponintakebyHSNBpriortoplacingthemintoHSNBkennels.i. Sheriff'sAnimalControlmayprovidevaccinestoHSNBforuseonCityofVallejoandUnincorporatedVallejoanimalsifrequestedbyHSNB.c.IfnotgivenbySheriff'sAnimalControl,rabiesvaccinationswillbeadministeredtodogsacceptedintoHSNB'sadoptionprogrambyalicensedveterinarianassoonaspossible.d.Oftheowner-surrenderedanimalsvaccinatedandretainedbyHSNB,HSNBwillreimburseSheriff'sAnimalControlthecostofthevaccinesifsuppliedbySheriff'sAnimalControl.e.IfSheriff'sAnimalControlusesHSNBvaccines,Sheriff'sAnimalControlwillreimburseHSNBforthecostofthevaccines.HSNBwillprovidespaceandrefrigerationforallvaccines;ifSheriff'sAnimalControlwantstouseaseparaterefrigerator,Sheriff'sAnimalControlisresponsibleforthecost.5.AnimalsunderHSNBownership/responsibilitywillnotbeadoptedorreturnedtotheirAnimalControlServicesConsultantandProfessionalServicesAgreementPage2of4Attachment2toExhibitA ownerswithouttherequiredvaccinations(modifiedliveDA2PPorDHPPandmodifiedliveBordetellaforcanines;modifiedliveFVRCPforfelines).Additionally,dogswillnotbepermanentlyreleasedwithouttherequiredrabiesvaccinationandacurrentlicense.Duetothelimitedavailabilityofanonsiteveterinariantoadministerrabiesvaccinations,andthereforetheinabilitytolicense,aprocedurewillbedevelopedfortheseanimalstoensurecompliancewithstateandlocallawwithinadefinedtimeframe.6.TheHSNBwillprovidefleacontrolonallanimalsbroughtorsurrenderedtotheHSNB.CitywillbearthecostoffleatreatmentforallimpoundedCityofVallejoandUnincorporatedVallejoanimals.7.DuringtheperiodanimalsareattheHSNBfacility,theHSNBmayconducttemperamentandbehaviorevaluationsonallanimalsaspotentialadoptioncandidates.Afterthemandatoryholdingperiodsexpire,HSNBmaintainsfirstrighttopullanyanimalandplaceitintoHSNBownership/responsibilitypendingHSNB'sshelterandfostercapacity.HSNBcanalsochoosetoreleaseanyimpoundedanimaltoSheriff'sAnimalControltodelivertotheSolanoCountyAnimalCareFacility.a.HSNBwillalwaysmaintainaminimumof4opendogkennelsandcatcagesforimpoundedanimals.8.HSNBwillberesponsibleforthecareandcostofanynon-CityorUnincorporatedVallejoanimalunlesstheanimalisleftwithoutHSNB'sapproval.a.HSNBwillmaintainrecordstotracktheoriginofallanimalssurrenderedordroppedatthesheltertomaintainfinancialaccountabilityshouldthoseanimalsbetransportedtotheSolanoCountyAnimalCareFacility.
HSNBCity-ownedPropertyCityandHSNBwilldiscussthefeasibilityofalong-termleaseforthepropertyonwhichHSNBcurrentlyoperates.TheHSNBrecognizesthatthisareaisinaformerRedevelopmentareaandthatalllong-termleasesmustbeapprovedbytheStateofCalifornia.TheHSNBalsounderstandsthatthisprocesscantakequitesometime.Inthemeantime,ashasbeentheagreementbetweentheHSNBandtheCity,theHSNBwillcontinuetopaytheCity$1peryearfortheleaseoftheproperty,untilanewleaseagreementisexecuted.Asaconditionofthelease,anon-votingCityCouncilliaison,mayattendallboardmeetingsonbehalfoftheCity(exceptforclosedsessionsunlessapprovedbytheBoardofDirectors).Thisleaseisnowinexchangefortheidentified"publicbenefit,"definedasfollows:Adoptorfosteroutaminimumof500animalsperyeareReunitelost/foundanimalswiththeirownerseAsavailable,providelow-costspay/neuterandotheraffordableanimalcareopportunitiestotheVallejocommunityProvidemicrochippingto500animalsperyeareAvailabletothepublictopurchasedoglicensesduringbusinesshoursAnimalControlServicesConsultantandProfessionalServicesAgreementPage3of4Attachment2toExhibitA eProvideaminimumof12publiceducationopportunitiesperyear(i.e.schoolprograms,newownerdogtraining,neonatalkittencare,etc.)eWilldevelopaCommunityCatProgram(Trap/Neuter/Return)and/orferalcatassistance(feralcatspay/neuteropportunities,vaccinations,relocationandgeneralguidanceandassistance)FailuretomeettheserequirementsmayresultinanincreaseoradjustmentofrentpaidbyHSNBtotheCityortheterminationofsaidlease.HSNBwillprovidemonthlyreportstotheCityduringthefirstyearofthisAgreement,andquarterlyreportsthereafter.Thesereportsshallincludenumericaldatatodatetowardachievingtheabovelisted"publicbenefitgoals."EachHSNBreportshallinclude,butnotbelimitedto:eIntake(AnimalControl,OwnerSurrender,etc.)andoutcomeofanimals(Adoption,CountyTransfer,RTO,Foster,etc.)eLow-costspay/neuterandotheraffordableopportunitiesprovidedtotheVallejocommunityNumberofanimalsmicrochippedNumberofdoglicensesprocessedNumberofpubliceducationeventsconductedorparticipatedinNumberofferalcatsprocessedthroughtheCommunityCatprogram(Trap/Neuter/Return)onceestablished;and/ornumberofferalcatsspayed/neuteredorprovidedwithassistance.TransparencyHSNBwillaccuratelyandlegiblymaintainallanimalrecordsanddocuments(AnimalControlServices).HSNBunderstandsthattheCaliforniaPublicRecordsActorotherapplicablelawmaycompelthedisclosureorproductionofrecordsrelatingtothisAgreement.UponreasonablerequestbytheCity,HSNBwillallowCityrepresentativesaccesstoHSNBrecordsanddocuments(i.e.financial,animal,etc.)foranylawfulpurpose,includingcompliancewiththeCaliforniaPublicRecordsActoranyapplicablelaw.Personnelrecords,attorney/clientprivilegeddocumentsandanyotherexemptedmaterialwillnotbedisclosedtoanyrequestor,unlessdisclosureofthisinformationiscompelledorwarrantedbylaw.IntheeventarequestforHSNBrecordsisreceivedbytheCity,CitywillpromptlynotifyHSNBofthereceiptoftherequestinordertoaffordHSNBwithanopportunitytoopposedisclosure.Anyoppositiontothedisclosuremustbeinwriting,articulatingalegalbasisfornondisclosure.TheCityattorneywillconsiderthebasisforanysuchoppositionpriortoreviewingorissuingtheCity'stimelyresponsetotherequestforproductionofrecords.FeeProcessingSheriff'sAnimalControlwillensurefinancialarrangementsaremadepriortotransportinganynon-impoundedanimalfromHSNB.TheexchangeoffeesbetweenSheriff'sAnimalControlandHSNBwillbeprocessedonaquarterlyschedule.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage4of4Attachment2toExhibitA EXHIBITBCOMPENSATION1.ServiceProvidersCompensation.CityagreestopayServiceProvidersforthoseservicessetforthinExhibitAofthisAgreementandforallauthorizedexpenses,inmonthlyinstallmentsnottoexceedtheidentifiedcostsasoutlinedinAttachments1and2toExhibitB.a.AdditionalServices:i. AdditionalServicesarethoseservicesrelatedtotheScopeofWorkofServiceProvidersassetforthinExhibitAbutnotanticipatedatthetimeofexecutionofthisAgreement.AdditionalServicesshallbeprovidedonlywhenaSupplementalAgreementauthorizingsuchAdditionalServicesisapprovedbytheCityManager,orhisorherdesignee.CityreservestherighttoperformanyAdditionalServiceswithitsownstaffortoretainotherServiceProviderstoperformtheAdditionalServices.ii.ServiceProviders'compensationforAdditionalServicesshallbebasedonthetotalnumberofhoursspentonAdditionalServicesmultipliedbytheemployees'appropriatebillablehourlyrateasestablishedbelow.City,atitsoption,maynegotiateafixedfeeforsomeorallAdditionalServicesastheneedarises.WhereafixedfeeforAdditionalServicesisestablishedbymutualAgreementbetweenCityandServiceProviders,compensationtoServiceProvidersshallnotexceedthefixedfeeamount.2.PaymentstoServiceProviders.a.PaymentstoServiceProvidersshallbemadewithinareasonabletimeafterreceiptofServiceProviders'invoices,thepaymentstobemadeinproportiontoservicesperformed.ServiceProvidersmayrequestpaymentonamonthlybasis.ServiceProvidersshallberesponsibleforthecostofsupplyingalldocumentationnecessarytoverifythemonthlybillingstothesatisfactionofCity.b.AllinvoicessubmittedbyServiceProvidersshallcontainthefollowinginformation:i.Descriptionofservicesbilledunderthisinvoiceii.DateofInvoiceIssuanceiii.SequentialInvoiceNumberiv.SocialSecurityNumberorTaxpayerIdentificationNumberv.AmountofthisInvoicevi.TotalBilledtoDateCc.BillingsthatdonotconformtotheformatoutlinedaboveshallbereturnedtoServiceProvidersforcorrection.TheCityshallnotberesponsiblefordelaysinpaymenttoServiceProvidersresultingfromServiceProvider'sfailuretocomplywiththeinvoiceformatdescribedabove.d.Requestforpaymentshallbesentto:AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of2ExhibitB , JoannaAltmanAssistanttotheCityManagerOfficeoftheCityManager555SantaClaraStreetVallejo,CA945903.AccountingRecordsofServiceProviders.ServiceProvidersshallmaintainforthree(3)yearsaftercompletionofallserviceshereunder,allrecordsunderthisAgreement,including,butnotlimitedto,recordsofServiceProviders'directsalarycostsforallServicesandAdditionalServicesperformedunderthisAgreementandrecordsofServiceProviders'ReimbursableExpenses,inaccordancewithgenerallyacceptedaccountingpractices.ServiceProvidersshallkeepsuchrecordsavailableforaudit,inspectionandcopyingbyrepresentativesoftheCity'sFinanceDepartmentorothergovernmentagenciesduringregularbusinesshoursupontwenty-four(24)hours'notice.TheobligationsofServiceProvidersunderthissectionshallsurvivethisAgreement.4.Taxes.ServiceProvidersshallpay,whenandasdue,anyandalltaxesincurredasaresultofServiceProviders'compensationhereunder,includingestimatedtaxes,andshallprovideCitywithproofofsuchpaymentsuponrequest.5.TaxpayerIdentificationNumber.ServiceProvidersshallprovideCitywithServiceProviderscompleteRequestforTaxpayerIdentificationNumberandCertification,FormW-9,asissuedbytheInternalRevenueService,andanyotherStateorlocaltaxidentificationnumberrequestedbyCity.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage2of2ExhibitB , , , Attachment1toExhibitBSOLANOCOUNTYSHERIFF'SANIMALCONTROLUNIT PersonnelServicese(3)Full-timeWeighted(SalaryandBenefits)AnimalControlOfficerse(1)0.3Weighted(SalaryandBenefits)AnimalControlSupervisoreOvertimetosupportfivecallouts/month&vacation/sickleaverelieffor(3)AnimalControlOfficerseAPart-timeWeighted(50%)AnimalControlOfficereStandbyCompensationfornon-businesshours,weekendsandholidayseMonthlyAnsweringServicefornon-businesshours,weekendsandholidaysServiceSuppliese$950AnnualClothing/UniformAllowanceeEmergencymedicalservicesforanimalstakentonon-Countyfacilities.Costsshallnotexceed$31,000.Ifcostsareestimatedtoexceed$31,000,CityandSheriff'sAnimalControlshallnegotiateanamendmenttocompensation.ServiceVehicleseAnnualcostforlease,fue!andnominalmaintenanceforthreevehiclesCityagreestopaySheriff'sAnimalControlfivehundredtwentyninethousandfivehundrednineteendollars($529,509)annually,fortheseservicessetforthinExhibitAofthisAgreementandforallauthorizedreimbursableexpensesuponsatisfactorycompletionoftheservices.AnimalcontrolservicecostswillbeevaluatedandrenewedannuallyandaredeterminedbytheSolanoCountyAuditor-Controller,RiskAssessment,employeeCOLA's,orasservicelevelschange.NoadditionalchargesareincurredbytheCityunlessspecificallyapprovedbytheCity.Otherrequestsforservicewillbedeterminedasreceived.Anannualtrue-upshallbereimbursedtoCityforoverpayment.Sheriff'sAnimalControlwillinvoicetheCitymonthlyforemergencymedicalcostsincurredatlocalVeterinarianfacilitiesonly.
AnimalContro!ServicesConsultantandProfessionalServicesAgreementPage1of1Attachment1toExhibitB Attachment2toExhibitBHUMANESOCIETYOFTHENORTHBAYPersonnelServicesePayrollforImpoundedAnimalSupportStaffandMinimumWageIncreaseWeighted$118,000¢Office,AdministrationandProfessionalServicesWeighted$7,800eInsurance$5,500MedicalExpenseseEmergencymedicalcare$10,000eRequiredvaccinations,fleatreatment,anddeworming$14,000(plusrabies$X)eMinormedicalcareandmedications$35,000ServicesandMaintenanceeServices,supplies,mileage$14,470eUtilities$16,800eFacilities/KennelMaintenance$16,800Emergencymedicalservicesforanimalstakentonon-Countyveterinarian.Costsexceeding$5,000arefullyreimbursedbytheCityofVallejoinatotalamountnottoexceed$14,000.Ifcostsareestimatedtoexceed$14,000,CityandHSNBshallamendthisAgreement.CityagreestopayHumaneSocietyoftheNorthBaytwohundredfortythousanddollars($240,000)inFiscalYear2016-17,andannuallythereafter,forthoseservicessetforthinExhibitAofthisAgreementandforallauthorizedreimbursableexpensesuponsatisfactorycompletionoftheservices.HSNBservicecostswillbeevaluatedandrenewedannuallyandmaybedeterminedbynewunfundedfederal,stateorcitymandatesrelatedtoanimalcare,inflation,orasservicelevelschange.NoadditionalchargesareincurredbytheCityunlessspecificallyapprovedbytheCity.Otherrequestsforservicewillbedeterminedasreceived.Anannualtrue-upshallbereimbursedtoCityforoverpayment.
AnimalControlServicesConsultantandProfessionalServicesAgreementPage1of1ExhibitC COVERAGESCERTIFICATENUMBER: REVISIONNUMBER:
OPID:DB
THIS[STOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.INS' ADDL]SUBR) POLICYE POLICteTYPEOFINSURANCEINSR|WVDPOLICYNUMBER(MMOBIYYYY)(MMIIBDIYYYY)LIMITSGENERALLIABILITY EACHOCCURRENCE$ 1,000,000A|X|commercialGENERALLIABILITYXCPS270995507/28/201707/28/2018|PatMises(eaoscurrence)_|$ 100,000|CLAIMS-MADEOCCUR MEDEXP(Anyoneperson}$ 5,000){|__| PERSONAL&ADVINJURY$ 1,000,000|__| GENERALAGGREGATE$ 2,000,000;GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG|$ 2,000,000x|POLICY|PRO-LOC $AUTOMOBILELIABILITY COMBINEDSINGLELIMIT3|___. (Eaaccident)ANYAUTO BODILYINJURY(Perperson)$|__| ALLOWNEDAUTOS BODILYINJURY(Peraccident)!$SCHEDULEDAUTOS PROPERTYDAMAGE;HIREDAUTOS (PERACCIDENT)NON-OWNEDAUTOS $$UMBRELLALIAB=|XoccuR EACHOCCURRENCE$ 2,000,000EXCESSLIAB "MADE 2,000,000eesCLAIMSMA\ XBS006583507/28/201707/28/2018|ACCRECATE$ -DEDUCTIBLE $RETENTION$ $WORKERSCOMPENSATION WCSTATU_OTH_ ANDEMPLOYERS!LIABILITYVIN TORYLIMITSERANYPROPRIETOR/PARTNER/EXEGUTIVEE.L.EACHACCIDENT$OFFICER/MEMBEREXCLUDED?[|NIAMandatoryinNH) E.L.DISEASE-EAEMPLOYEE]$es,dascribeunder6SCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICYLIMIT$ DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES(Attach'lovee101,AdditionalRemarksSchedule,ifmorespaceIsrequired) Vallejo,C94590 awnbineMelbonny-
ACORD25(2009/09)
TheCityofVallejo,it'sfiticersofficials,emees,agentsandUDRareincludedasadaditionalinsured.erattachedBiktAllendorsementLS-150s(07/06)andprimary{non-contributoryendorsementCG20010413.1121SonomaBlvd.VallejoCA94590.Re:HSNB-CoVAgreement.CERTIFICATEHOLDER CANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINCityofVallejo ACCORDANCEWITHTHEPOLICYPROVISIONS.JoannaAltman555SantaClaraSt. AUTHORIZEDREPRESENTATIVE eel!/A-88-2009ACORDCORPORATION.Allrightsreserved.TheACORDnameandlogoareregistearksofACORD ACORD DATE(MM/DDIYYYY)CERTIFICATEOFLIABILITYINSURANCE08/11/2017THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy{ies)mustbeendorsed.ifSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinfieuofsuchendorsement(s).PRODUCER meVallejoInsuranceAssociates PHONEP,O.Box4446 (AIC,No,Ext!E. ):TOTBEESON[FAR,wo;707-554-2198Vallejo,CA94590 ADDRESS:JeanneKilkenny-Turk PRODUCERCUSTOMERID4,HUMAN-1INSURER(S)AFFORDINGCOVERAGENAIC#INSUREDHumaneSocietyoftheNorthBay INSURERA:SCottsdaleInsurance1121SonomaBlvd iNSURERBVallejo,CA94594 INSURERCINSURERDINSUREREINSURERF x
unteers PpG
A/
SR ENDORSEMENTSCOTTSDALEINSURANCECOMPANY®NO.
THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY.BLANKETADDITIONALINSUREDENDORSEMENTThisendorsementmodifiesinsuranceprovidedunderthefollowing:COMMERCIALGENERALLIABILITYCOVERAGEPARTWithrespecttothisendorsement,SECTIONI]-WHOISANINSUREDisamendedtoincludeasanadditionalin-suredanypersonororganizationwhomyouarerequiredtoaddasanadditionalinsuredonthispolicyunderawrit-tencontract,writtenagreementorwrittenpermitwhichmustbe:a.Currentlyineffectorbecomingeffectiveduringthetermofthepolicy;andb.Executedpriortothe"bodilyinjury,""propertydamage,"or"personalandadvertisinginjury."Theinsuranceprovidedtotheseadditionalinsuredsislim-itedasfollows:1.
GLS-150s(7-06)
Thatpersonororganizationisanadditionalin-suredonlywithrespecttoliabilityfor"bodilyinjury,""propertydamage"or"personalandadver-tisinginjury"caused,inwholeorinpart,by:a.Youractsoromissions;orb.Theactsoromissionsofthoseactingonyourbehalf.Aperson'sororganization'sstatusasanadditionalinsuredunderthisendorsementendswhenyouroperationsforthatadditionalinsuredarecompleted.Withrespecttotheinsuranceaffordedtothesead-ditionalinsureds,thefollowingexclusionsareaddedtoitem2.ExclusionsofSECTIONI- COVERAGES:Thisinsurancedoesnotapplyto"bodilyinjury,""propertydamage"or"personalandadvertisingin-jury"occurringafter:
a.Allwork,includingmaterials,partsorequip-mentfurnishedinconnectionwithsuchwork,ontheproject(otherthanservice,mainte-nanceorrepairs)tobeperformedbyoronbe-halfoftheadditionalinsured(s)atthelocationofthecoveredaperationshasbeencom-pleted;orb.Thatportionof"yourwork"outofwhichthein-juryordamageariseshasbeenputtoitsin-tendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprinci-palasapartofthesameproject.Thelimitsofinsuranceapplicabletotheadditionalinsuredarethosespecifiedinthewrittencontract,writtenagreementorwrittenpermitorintheDecia-rationsforthispolicy,whicheverisless.Theselim-itsofinsuranceareinclusiveof,andnotinadditionto,theLimitsof{nsuranceshownintheDeclara-tionsforthispolicy.Coverageisnotprovidedfor"bodilyinjury,""prop-ertydamage,"or"personalandadvertisinginjury"arisingoutofthesolenegligenceoftheadditionalinsured.Theinsuranceprovidedtotheadditionalinsureddoesnotapplyto"bodilyinjury,""propertydam-age,"or"personalandadvertisinginjury"arisingoutofanarchitect's,engineer'sorsurveyor'sren-deringoforfailuretorenderanyprofessionalserv-icesincluding:
IncludescopyrightedmaterialofISOProperties,Inc.,withitspermission.Copyright,ISOProperties,Inc.,2004 AGENTPage1of2
ATTACHEDTOANDENDORSEMENTEFFECTIVEDATEFORMINGAPARTOF NAMEDINSURED AGENTNO,POLICYNUMBER(12:01A.M.STANDARDTIME) CPS270995507/28/2017HUMANESOCIETYOFTHENORTHBAY 040A0
3 4
52 GLS-150s(7-06)
a.Thepreparing,approvingorfailingtoprepareorapprovemaps,shopdrawings,opinions,re-ports,surveys,fieldorders,changeordersordrawingsandspecifications;andb.Supervisory,inspection,architecturalorengi-neeringactivities.Anycoverageprovidedhereunderwillbeexcessoveranyothervalidandcollectibleinsuranceavail-abletotheadditionalinsuredwhetherprimary,ex-cess,contingentoronanyotherbasisunlessa writtencontractspecificallyrequiresthatthisinsur-ancebeprimary.Whenthisinsuranceisexcess,wewillhavenodu-tyunderSECTION|-COVERAGEStodefendtheadditionalinsuredagainstany"suit"ifanyotherin-surerhasadutytodefendtheadditionalinsuredagainstthat"suit."Ifnootherinsurerdefends,wewillundertaketodoso,butwewillbeentitledtotheadditionalinsured'srightsagainstallthoseoth-erinsurers.6 /AUTHORIZEDREPRESENTATIVEDATEIncludescopyrightedmaterialofISOProperties,Inc.,withitspermission.Copyright,ISOProperties,Inc.,2004Page2of2 COMMERCIALGENERALLIABILITYCG20010413THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY.PRIMARYANDNONCONTRIBUTORY- OTHERINSURANCECONDITIONThisendorsementmodifiesinsuranceprovidedunderthefollowing:COMMERCIALGENERALLIABILITYCOVERAGEPARTPRODUCTS/COMPLETEDOPERATIONSLIABILITYCOVERAGEPARTThefollowingisaddedtotheOtherInsuranceCondi-(2)Youhaveagreedinwritinginacontractortionandsupersedesanyprovisiontothecontrary:agreementthatthisinsurancewouldbepri-PrimaryAndNoncontributoryInsurancemaryandwouldnotseekcontributionfromanyotherinsuranceavailabletotheadditionalThisinsuranceisprimarytoandwillnotseekcon-insured.tributionfromanyotherinsuranceavailabletoanadditionalinsuredunderyourpolicyprovidedthat:(1)TheadditionalinsuredisaNamedinsuredundersuchotherinsurance;and CG20010413 Copyright,InsuranceServicesOffice,Inc.,2012 Page1of1AGENT Jul 27, 2020 3:43 PM, 640278055
Contract and Routing Form
Date Originated: Jul 21, 2020
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Allison Mattioli, [email protected] Contract Type: Amendment
Vendor: Humane Society of the North Bay/Solano County Vendor Number:900 Business License Number: 2000016066
Contract Not to Exceed Amount: 3575571.00
Contract Start Date: Jul 01, 2020 End Date: Jun 30, 2021
Authority to Contract: City Council Date to Council: Jul 14, 2020
Attachments are uploaded for review here: https://bit.ly/vContracts
Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.Yes
DocuSign Envelope ID: 7857F52C-A7A4-48C1-BC68-3A9E016368C1 Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Director
City Attorney's Office
City Manager's Office
City Clerk
Return executed contract to: Allison Mattioli
DocuSign Envelope ID: 7857F52C-A7A4-48C1-BC68-3A9E016368C1 8/3/2020
8/7/2020
8/10/2020
8/10/2020
8/17/2020
8/19/2020
SECOND AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO, COUNTY OF SOLANO
AND
HUMANE SOCIETY OF THE NORTH BAY
County of Solano, City of Vallejo and Humane Society of the North Bay Second Amendment