This Second Amendment (“Amendment”) to that Consultant and Professional Services Agreement (“Agreement”), drafted 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, is made on this thirtieth day of June, 2020. The City, SAC, and HSNB shall be referred to as the “Parties” for purposes of this Amendment.
The Parties do mutually agree as follows:
1. Revised Term of Agreement. The Agreement term is currently scheduled to expire on June 30, 2020. As of the date of this Second Amendment, the term of the Agreement is extended to and shall expire on June 30, 2021.
2. Revised Maximum Amount of Agreement. The maximum amount of the agreement is increased by $607,356 to a revised sum of $3,575,571.
3. Animal Control/HSNB Relationship. Paragraph 6 on page 5 of Attachment 1 to Exhibit A of the Agreement is changed in its entirety to “After six (6) business days for all impounded and surrendered animals, at its discretion HSNB may keep animals it considers adoptable.
Sheriff’s Animal Control shall take possession of any impounded or surrendered animals that HSNB has chosen not to accept and deliver animals to the Solano County Animal Care Facility.
Impounded and surrendered animals will not be held longer than fourteen calendar days at HSNB.”
4. 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 Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Parties shall perform all duties, obligations and conditions required under the Agreement.
5. 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.
6. 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.
7. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
8. 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.
DocuSign Envelope ID: 7857F52C-A7A4-48C1-BC68-3A9E016368C1 County of Solano, City of Vallejo and Humane Society of the North Bay Second Amendment
THE COUNTY OF SOLANO, a political
subdivision of the State of California by and
through the Sheriff’s Office
By:
Birgitta E. Corsello, 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:
Stephanie Gomes, President
DATE: ____________________
Vallejo Business License No.
CITY OF VALLEJO,
a municipal corporation
By:________________________
Greg Nyhoff, City Manager
DATE:___________
ATTEST:
By:________________________
Dawn Abrahamson, City Clerk
APPROVED AS TO CONTENT:
__________________________
Allison Mattioli, Administrative Analyst II
APPROVED AS TO FORM
AND INSURANCE
(City Seal)
DocuSign Envelope ID: 7857F52C-A7A4-48C1-BC68-3A9E016368C1 8/17/2020
DocuSign Envelope ID: 20AE90CD-7383-49BD-801 D-E535E6304CED Sep 1, 2021 1:36 PM, 855192044 Contract and Routing Form
Contract Number: 15-CMO13
City of
VALLEJODate Originated:
(-alitì,nìi iì
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: City Manager's Office,
Staff Contact: Felicia Flores, [email protected] Contract Type: Amendment
Vendor: Human Society of the North Bay and County of Solano Vendor Number:900 Business License Number: 11710271
Contract Not to Exceed Amount: 6013876.00
Contract Start Date: Jan 13, 2015
Option to Extend: n/a
Authority to Contract: City Council
End Date : Jun 30, 2022
Date to Council: Sep 01, 2021
Attachments are uploaded for review here: https://bit.lylvContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: 20AE90CD-7383-49BD-BDI D-E535E6304CED Contract and Routing Form
Signature Page
Department Initial Date Comment
11/ 9/ 2021- DS
Originating Department/Division
3 - DS 11/ 9/ 2021
Risk Manager 5
11/ 10/ 2021- DS
Finance Director àfr
11/ 11/ 2021
City Attorney's Office VàN
C - DS 11/ 12/ 2021
City Manager's Office I Adl.
- DS 11/ 12/ 2021
City Clerk ál
Return executed contract to: Felicia Flores
DocuS]gn Envelope ID: 20AE90CD-7383-498D-B[)1 D-E535E6304CED
THIRD AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO, COUNTY OF SOLANO
AND
HUMANE SOCIETY OF THE NORTH BAY
This Third Amendment ("Amendment"), entered into as of July 1, 2021, to that Consultant and Professional Services Agreement CAgreement"), 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 Sheriffs Office Animal Control Unit ("SAC"),and Humane Society of the North Bay CHSNB") and amended by the First Amendment on June 30, 2017, and Second Amendment on June 30, 2020, is made on this thirtieth day of June, 2021. The City, SAC, and HSNB shall be referred toas 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; and WHEREAS, HSNB and the City would like to negotiate a long-term lease of the property to HSNB on terms amenable to both; and
WHEREAS, the Parties would like to continue services under the Agreement while HSNB and the City negotiate tile lease.
The Parties do mutually agree as follows:
1. Replacement of Exhibit A and Attachments. Exhibit A to the Agreement - Scope of Work, and any and all Attachments, is amended and replaced, in its entirety, by Exhibit A as attached hereto, including Attachment 1 and Attachment 2.
2. Replacement of Exhibit B and Attachments. Exhibit B - Compensation, Attachment 1 to Exhibit B- The Payment Schedule and Attachment 2 to Exhibit B tothe Agreement, is amended and replaced in its entirety with Attachment 1 to Exhibit B and Attachment 2 to Exhibit B, as attached.
3. Revised Term of Agreement. The Agreement term expired on June 30, 2021. As of the date of this Third Amendment, the term of the Agreement is amended to expire as of June 30,2022. The Parties agree that the Agreement, as previously amended, is reinstated by this Amendment, confirm that the Agreement is and shall be in full forceand effect as if it had never expired and that it is binding upon the Parties in accordance with its terms.
4. Integration. The Agreement, as previously amended and as amended by this Amendment, contains the entire agreement between the Parties with respect to itssubject matter and supersedes whatever oral or written understanding they may havehad prior to the execution of this Amendment. This Amendment shall not be amendedor modified except by a written agreement executed by each of the Parties. Exceptas specifically revised herein, all terms and conditions of the Agreement, and all prioramendments, if any, shall remain in full force and effect, and the Parties shall performall duties, obligations and conditions required under the Agreement.
City of Vallejo, County of Solano and Humane Society of the North Bay Third Amendment
DocuSign Envelope ID: 20AE90CD-7383-49BD-901 D-E535E6304CED
5. 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.
6. 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.
7. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement, it being understood that all Parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission (e.g., by e-maildelivery of a ".pdf' format data file), such signature shall create a valid and bindingobligation of the party executing (or on whose behalf such signature is executed) withthe same force and effect as if such facsimile or electronic signature page were an original signature.
8. 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 ofVallejo, County of Solano and Humane Society oftheNorth Bay Third Amendment
DocuSign Envelope ID: 20AES0CD-7383-49BD-801 D-E535E6304CED THE COUNTY OF SOLANO, a political
subdivision of the State of California by and
through the Sheriff's Office
By:
Birgitta E. Corsello, County Administrator
DATE:
CITY OF VALLEJO,
a municipal corporation
rDocusigned by
Byl kídual /lubb.
- Ijr ' O ./ ..... 4.
Mike Malone, Interim City Manager
11/ 12/ 2021
DATE:
APPROVED AS TO FORM
County Counsel
APPROVED AS TO CONTENT:
ATTES[úsigned by
1 Paw- 42. àlraL--56-Byl 110000 ,766062126
Dawn Abrahamson, City Clerk
APPROVED AS TO CONTENT:
DocuSigned by:
Cliüda uuvir
07.01010( CrEC 170
Thomas A. Ferrara, Sheriff - Coroner Felicia Flores, Assistant to the City Manager
HUMANE SOCIETY OF THE NORTH
BAY, a 501(c)3 private non-profit
CorpêrGAií, Áh,ed by:
í Én,da Auöu.tl
Byk 11015 ,12[ 73,,EllA
Brenda Mooney, President
11/ 15/ 2021DATE:
11710271
Vallejo Business License No.
FERQUED AS TO FORM
L liraa àf. All,b
[ 403100[ 002[47 *
Veronica A.F. Nebb, City Attorney
APPROVED AS TO
< àr,46*/ 506,5
- 1 1LrilyòtiOU -4 1
Armond Sarkis, Risk Manager
jí /
- -
(C íty Seal ).2.-
.-
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City of Vallejo, County of Solano and Humane Society of the North Bay Third Amendment
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DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1 D-E535E6304CED
EXHIBIT A
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Felicia Flores
Assistant to the City Manager
Office of the City Manager
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4577 (phone)
[email protected]
The SAC Representative for this Agreement is:
Thomas A. Ferrara
Sheriff - Coroner
Solano County Sheriff's Office
530 Union Avenue, Suite 100
Fairfield, CA 94533
(707) 784-7000 (phone)
The HSNB Representative for this Agreement is:
Brenda Mooney
President
Humane Society of the North Bay
1121 Sonoma Boulevard
Vallejo, CA 94590
(707) 853-2801 (phone)
(707) 645-7909 (fax)
[email protected]
All routine administrative communications between the parties will be between the abovenamed representatives and may be by personal delivery, mail, facsimile transmission or electronicmail as agreed between the Service Providers Representatives and City's Representative.
2. Services to be Provided.
The services provided shall be as set forth in Attachment 1 and 2 of Exhibit A, attached and incorporated by this reference.
Animal Control Services Consultant and Professional Services Agreement Page 1 of 1 Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1 D-E535E6304CED Attachment 1 to Exhibit A
ANIMAL CONTROL KEY DELIVERABLES
The provision of services by the Solano County Sheriff's Office - Animal Control Unit to the City of Vallejo for animal control services will be provided in accordance with the following specifications:
1. The Sheriff's Animal Control shall maintain on staff at least three (3) individuals who shall meet all the requirements set forth in Penal Code § 830.9, §7(a) of the Food and Agriculture Code, and Solano County Code Chapter 4-33. These Animal Control Officers, employed by the Sheriff's Office, shall issue citations, make arrests, serve warrants, and conduct criminal investigations.
2. The City agrees to appoint the Sheriff of Solano County as the Animal Control Director as outlined in the City of Vallejo Municipal Code ("VIVIC") §7.12.010.
3. Normal business hours for the Sheriff's Animal Control Unit are 6:00 a.m. to 7:00 p.m., Monday through Friday, and eleven hours with staggered times depending upon the season and as approved by both Sheriff's Animal Control and the City, Saturday and Sunday, excludingCounty recognized holidays. Sheriff's Animal Control shall provide the following minimum staffing to the City of Vallejo:
a. Two (2) Animal Control Officers on duty in the City of Vallejo Monday through Thursday for twelve and one half hours per day, and on Friday for eleven hours per day.
Each officer will have a one-hour unpaid lunch break per scheduled shift. Shifts shall be staggered so that one officer is present in Vallejo during the normal business hours. b. One (1) Animal Control Officer on duty in the City of Vallejo Saturday and Sunday for eleven hours per day. The officer will have a one-hour unpaid lunch break per scheduled shift.
c. At least one (1) Animal Control Officer on-call during non-scheduled hours seven (7) days per week and during County recognized holidays, as published annually by the Solano County Board of Supervisors.
d. With written approval of the City Manager, the Sheriff's Office may adjust the "normal" business hours.
e. Sheriff's Animal Control shall notice the City Manager, or designee, if the Sheriff's Office expects to have less than required staff on duty for more than two consecutive daysfor occasions of unexpected illness or unforeseen business necessity, as required toattend training, trade seminars, or to fulfill other legally mandated requirements from the State, County, or the City of Vallejo.
f. The Sheriff's Office may, at its discretion, move available resources as needed toother areas for mutual aid assistance at the request of other jurisdictions. The SheriffsOffice shall submit to City the purpose and length of time resources were redirected.
4. The Sheriff's Animal Control shall provide the following services within the response time set forth:
a. During normal business hours, Sheriff's Animal Control will respond to calls foranimals running loose, seriously injured animals, vicious animals or animals endangeringhuman life or safety, animal nuisance complaints, and abused or neglected animals within one hour of call received.
i. In accordance with Penal Code §597, Sherriff's Animal Control may administer field euthanasia.
b. During holidays and after-hours, Sheriff's Animal Control will respond within two, Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-498[)-BD1 D-E535E6304CED but no more than three hours, to confirmed reports of vicious animals or animals endangering human life or safety.
c. Calls for service from animal owners who wish to surrender their animal(s) for adoption or destruction and who do not have transportation to the Shelter shall be handled within twenty-four (24) business hours (Monday-Friday, excluding holidays). Animals surrendered by owners in the field will be transported directly to the Solano County Animal Care Facility. Sheriffs Animal Control will adhere to the Solano County process for field surrenders and may charge Vallejo residents according to the County Fee Schedule (i.e., pick-up, surrender, disposal, etc.). Sheriffs Animal Control will invoice Vallejo residents directly for this service and will retain revenues that will offset the Solano County Animal Shelter expense.
d. The Sheriff's Office reserves the right to utilize other Sheriff's Office resources to handle or validate a call for service prior to dispatching a Sheriffs Animal Control Officerafter hours, during times of staffing shortages, or during high volume of calls for service.
5. The Sheriff's Animal Control shall enforce all infraction and misdemeanor provisions of Federal, State, and local laws to include, but not limited to, the Penal Code, Health & Safety Code, Fish & Game Code, Code of Regulations of California, Chapter 4 of the County Ordinances, and Title 7 of the City of Vallejo Municipal Code as they relate to domestic animals within the City of Vallejo. Such enforcement shall include issuing citations, making arrests, and impounding animals.
a. The Vallejo Police Department (VPD) is responsible for investigating serious felony animal cruelty cases in their jurisdiction. If a Sheriffs Animal Control Officer determines a case may be a felony animal cruelty crime, they will request VPD to respond and assume the criminal investigation.
b. If VPD disagrees with the determination, the Sheriffs Animal Control Supervisor will be notified and he/she will assist in determining the lead agency.c. VPD may request the Sheriff's Office retain serious animal crueity cases and suchcost outside the normal scope of this agreement shall be charged to the City (i.e. overtime,specialists, supplies and/or investigators). The VPD Watch Commander is authorized to make this request.
6. The service area of this Agreement shall include incorporated areas of the City of Vallejo where the City has primary law enforcement jurisdiction, to include parts of Mare Island and excluding places such as California Maritime Academy.
a. Sheriff's Animal Control shall patrol and provide services as described within thisagreement and scope of work to the Mare Island Community Facility District (CFD) totalinga maximum of approximately 30 hours per month. Sheriffs Animal Control will track thetotal number of hours spent patrolling and servicing the Mare Island CFD and submit a monthly report to the City.
3 b. Sheriffs Animal Control will identify a tracking method that captures the total calls for service and amount of time spent within the boundaries of the CFD. A formalmemorandum identifying the best method will be provided to the City Manager within 90 days of the original contract date.
7. Sheriff's Animal Control shall undertake and maintain direct patrol of neighborhoods forunlawful stray animals and other violations of laws concerning animals.
8. Sheriff's Animal Control shall cooperate with the Solano County District Aüorney's Office,County Counsel, the City of Vallejo, the City's Attorney's Office, Vallejo Police Department, Fishand Wildlife, and other law enforcement agencies in investigating and prosecuting animal law violations.
Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign EnvelopelD: 20AE90CD-7383-4980-3D1 D-E53566304CED
9. When law enforcement assistance is needed for Sheriffs Animal Control, Vallejo Police Department shall be the primary law enforcement agency for response within the City of Vallejo.
10. The Sheriff's Office will accurately and legibly maintain all documentation and shall be the official repository for all documentation including but not limited to reports, records, case files, citations, and/or other criminal and administrative process completed by the Sheriffs Animal Control. The Sheriff's Office shall provide monthly reports to City in the first year of contract and quarterly for each year thereafter. Within each report, Sheriffs Animal Control will include the following:
a. Intake (Stray, Owner Surrender, etc.) and identify the location (address, cross streets) by which an animal was obtained.
b. Transfer information identifying which animals were obtained within the City of Vallejo jurisdiction, County-unincorporated jurisdiction, HSNB or other. c. Calls for service received and responded to, grouped by types of call (e.g. animal running loose, dangerous animal, complaints, etc.)
d. An accounting for on-duty and on-call Animal Control Officer hours (e.g. total normal and overtime hours per month, total number of hours on-call, etc.). e. A spreadsheet identifying the animal, date and total invoice amount for each Vallejo animal receiving emergency medical care.
11. Sheriff's Animal Control shall be responsible for enforcing the Dangerous Dog Ordinance, VMC §7.37. This shall include, but is not limited to, notifying participants of hearings, acting as the city's representative during hearings and enforcing the registration requirements of the ordinance.
12. Sheriff's Animal Control shall be responsible for enforcing and administering the field work of the Animal Nuisance ordinances as outlined in VMC §7.36.
13. Sheriff's Animal Control shall review all reported animal bite cases to ensure no violations of City ordinance exist, and/or to make a determination if dangerous dog or animal nuisance proceedings are appropriate.
14. Sheriff's Animal Control shall conduct facility inspections for Kenne[ Licenses as outlined in VMC §7.32.030 along with random inspections to ensure compliance with VMC §7.32.
15. Sheriff's Animal Control shall conduct facility inspections for exotic animal registration as outlined in VMC §7.12.130 as required by the City.
16. Sheriffs Animal Control shall provide trapping services for feral domestic animals on public property when overpopulation affects the health and welfare of the public. HSNB will be affordedan opportunity to create a Community Cat Program in the area as an alternate approach. In theevent the risk of health and safety to the public becomes a reality, trapping and other measureswill be utilized. This service may be provided on private property at the expense of the propertyowner as governed and/or based on the currently adopted Solano Countyfee schedule forACO(s) hourly rate(s).
17. Sheriff's Animal Control shall maintain a twenty-four (24) hour telephone number for calls for service. During normal business hours, Sheriffs Animal Control will be available to receivedirect calls for service from the public in an effort to obtain an instant response to inquiries. TheSheriff's Office shall be responsible for dispatching all calls for service.
Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign Envelope ]D: 20AE90CD-7383-49BD-BD1D-E535E6304CED Services Outside the Scope of Agreement
1. Animal carcass removal from public roads, buildings, or property to include properties outlined in §7.12.130 of the City of Vallejo Municipal Code shall be conducted under the City's contract with the local garbage company to include compliance with Streets and Highway Code §91.8 (S&HC).
2. The City shall retain the administrative process over exotic animal registration services as outlined §7.12.140 of the City of Vallejo Municipal Code.
3. The City shall retain the administrative process over the Kennel License process as outlined in Chapter 7 of the City of Vallejo Municipal Code as it relates to issuance, monitoring, or collecting fees for such licenses.
4. The City shall retain administrative process over the Dangerous Dog proceedings, to include the appointment of the Hearing Officer, as outlined in VMC §7.37.010(H). Sheriffs Animal Care shall receive written documentation of each step of the process from the City for records; i.e. copies of notices, services, outcome, and/or imposed conditions.
5. Sheriff's Animal Control shall not provide urban or wildlife trapping for the purposes of population control.
6. Rabies Control is not part of this agreement, as this service is conducted by the designated Public Health Officer (Sheriff's Animal Control) outside of this agreement. The City acknowledges that Sheriffs Animal Control Officers are also Public Health Officers as it relates to Rabies Control.
Sheriff's Animal Control Officers possess the authority as outlined in §7.28.010 / .020 of the City of Vallejo Municipal Code. No provisions of this agreement are intended to conflict or modify any rabies control agreement(s) with the County.
Animal Control/HSNB Relationship
The City agrees that Sheriffs Animal Control is not responsible for providing an animal shelter;such service is already being provided by Memorandum of Understanding on Provisions of AnimalCare Services dated December 30, 2012 with Solano County and by Agreement with HSNB.Additional process related protocols will be discussed and mutually agreed upon by all three parties.
1. No provisions of this agreement are intendecito conf[ict or modify any shelter agreement(s) with the County, unless otherwise stated.
2. Sheriffs Animal Control understands the importance of having animal shelter services inthe community, and understands that the City of Vallejo will maintain a business relationship with HSNB for such services.
3. Sheriff's Animal Control will make all reasonable efforts to maintain a positive workingrelationship with the HSNB. Sheriff's Animal Control shall deliver all impounded animals from theCity of Vallejo to HSNB for the temporary hold periods, and shall deliver all impounded animalsfrom unincorporated Vallejo to HSNB for the temporary hold periods. a. Specific information about each impounded animal shall be entered electronically Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibil A
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1 D-E535E6304CED via the shelter management software or form as approved in this agreement or via mutualagreement of the three parties during both normal business and non-scheduled hours.
4. HSNB will allow the Sheriff's Animal Control 24-hour access to a safe and secure locationfor Sheriff's Animal Control to deliver impounded animals, store vehicles, vaccines,supplies and equipment free of charge to the County in a restricted section of the HSNB- leased facility.
5. Fees collected by the HSNB for owner surrenders will be kept by the HSNB for all animals the HSNB brings into the HSNB program.
6. The HSNB retains the right to determine where Sheriffs Animal Control enters and exits the facility to drop off animals.
a. Sheriff's Animal Control will pay for equipment needed by Sheriff's Animal Controlto access HSNB facilities (i.e. keys or remote control units for the gate).
7. HSNB will work in partnership with Sheriff's Animal Control in avoiding animal destruction,reducing City of Vallejo sheltering expenses, and promoting adoption of Vallejo animals.
8. Sheriff's Animal Control shall take all animals not accepted by HSNB or beyond themaximum capacity of HSNB directly to the Solano County Animal Care Facility in Fairfield. a. HSNB will provide 20 restricted Animal Control kennels and 18 Animal Control catcages for the legally required holding periods or up to 10 days. b. Sheriff's Animal Control or field representatives will adhere to proper intakeprotocols (e.g. documentation, photographs and vaccination of animals upon intake,procedures that prevent the spread of disease, etc.)
9. Sheriff's Animal Control will take animals impounded during criminal disputes,investigations or other law enforcement actions directly to the Solano County Animal Care Facilityin Fairfield in order to protect HSNB staff, property and animals. Sheriff's Animal Control shallmake a good faith attempt to inform the animals' owners of the location of the impounded animal.
10. After the minimum holding period of three normal business days or up to 10 days for allimpounded and surrendered animals, at its discretion, HSNB may keep animals it considersadoptable. Animals deemed adoptable by HSNB shall be relocated to "non-animal control"kennels and cages. Sheriff's Animal Control shall take possession of any impounded orsurrendered animals that HSNB has chosen not to accept and deliver animals to the SolanoCounty Animal Care Facility. HSNB will maintain a minimum of four open dog kennels and catcages for incoming animals for impound. Unless an animal has an injury or disease, HSNB shallnot hold impounded animals longer than ten calendar days.
11. All animals will receive the following required vaccines immediately upon intake: modifiedlive DA2PP or DHPP and modified live Bordetella for canines; modified live FVRCP for felines. a. Representatives of the Solano County Sheriff's Office will place animals in pre-designated kennels during non-business hours. b. If Sheriff's Animal Control cannot vaccinate and intake these animals as soon aspossible, HSNB will do so. Sheriff's Animal Control will be responsible for the cost of the vaccines.
c. Sheriff's Animal Control shall submit a quarterly report to HSNB identifying theanimals brought in by representatives of the Solano County Sheriff's Office and placed inthe temporary off hours holding kennels, including whether vaccines were provided or not; Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-498D-B[)1 D-E535E6304CED if vaccines were not provided, Sheriff's Animal Control shall reimburse HSNB for the costof the vaccines and shall remit payment within 15 days of the quartefs end for vaccine costs incurred in the previous quarter.
d. Animals surrendered or dropped-off in person at HSNB by residents of Vallejo or Unincorporated Vallejo will be vaccinated upon intake by HSNB before placing in HSNB kennels/cages.
e. Rabies vaccinations will be lawfully administered as soon as possible following intake.
f. Of the owner-surrendered animals vaccinated and retained by HSNB, HSNB willreimburse Sheriff's Animal Control the cost of the vaccines if supplied by Sheriff's Animal Control.
g. If Sheriffs Animal Control uses HSNB vaccines, Sheriff's Animal Control will reimburse HSNB for the cost of the vaccines.
h. HSNB will provide space for refrigeration for all vaccines.
12. It is Sheriffs Animal Control expectation that HSNB shall work in partnership andcooperation with Sheriff's Animal Control to observe behaviors and maintain records of casesthat require any enforcement action or animal abuse investigation.
13. Sheriff's Animal Control shall provide reasonable animal transport for the City's stray andsurrendered animals from HSNB to the County shelter during normal business hours at noadditional cost to HSNB or the City of Vallejo. HSNB shall be responsible for costs associatedwith surrender of its non-impounded animals to the Solano County Animal Care Facility. a. Sheriff's Animal Control and HSNB will establish a routine and mutually agreed upon transport schedule that satisfies the needs of both parties while also conserving gas and reducing vehicle wear and tear.
14. Sheriff's Animal Control shall provide emergency animal transport services during normalbusiness hours for any City of Vallejo animal requiring immediate medical care. The City of Vallejoshall reimburse Solano County for the non-County veterinary cost not to exceed $200, inaccordance with the standards set by Sheriffs Animal Control, including the collection of fees froman animal's owner. Sheriff's Animal Control will select the medical facilily, with the first choicebeing the county shelter, when a veterinarian is on duty, or a local veterinarian. In the event theimpounded animal is taken to the Solano County Animal Care Facility, it shall be transferred intoits care per the City MOU. If the animal is taken to a non-County veterinarian, an impound report,receipt and mileage log shall be submitted as part of the quarterly report. Requests exceedingthe allocation identified in Attachment 1 to Exhibit B shall be submitted monthly for reimbursementalong with the invoice. Reimbursements will not be afforded for animals taken to the Solano County Animal Care Facility.
Sheriffs Animal Control will first offer animals treated at a veterinary facility other than the SolanoCounty Animal Care Facility, upon completion of such care or requiring ongoing care from the aveterinary facility other than the Solano County Animal Care Facility, to HSNB for their adoptionprogram. If HSNB refuses, these animals shall be taken directly to the Solano County AnimalCare Facility. Sheriff's Animal Control will endeavor to respond to HSNB to retrieve surrenderedand/or abandoned City of Vallejo animals requiring immediate medical care within thirty (30)minutes, and not more than one hour. a. If Sheriffs Animal Control cannot respond within the allotted timeframe, or if theimpounded animal is suffering and needs immediate emergency care, HSNB shalltransport the animal to a local veterinarian. The cost of such treatment shall be paid bythe City of Vallejo in accordance with the standards set by Sheriff's Animal Control,including the collection of fees from an animal's owner, with costs not to exceed $200 per Animal Control Services Consultant and Professional Services Agreement Aüachment 1 to Exhibit A
DocuSign Envelope ID: 20AES0CD-7383-4980-881 D-E535E6304CED impounded animal. An impound report, receipt and mileage log shall be submitted as part of the quarterly report. Requests exceeding the allocation identified in Attachment 2 to Exhibit B shall be submitted monthly for reimbursement. b. HSNB will be responsible for transferring all records as they pertain to each animal being transferred to Sheriffs Animal Control, including but not limited to the address and driver's license number of individuals surrendering animals (if available), and in the case of stray animals, the address/cross streets where the animal was obtained. Only animals residing in or surrendered by Solano County residents will be transferred to the Solano Animal Care Facility.
c. Sheriffs Animal Control and HSNB will partner with local veterinarians for the purpose of providing emergency medical care in the times a veterinarian is not present atthe Solano County Animal Care Facility. Sheriffs Animal Control maintains the authorityto authorize a Veterinarian partner to provide treatment to animals without an identifiedowner in an amount not to exceed $200.00 per incident. Animals requiring treatmentbeyond this identified cap will be handled on an individual basis in coordination between Sheriff's Animal Control and the City representative. HSNB may assume responsibility for animals and accept them into its adoption program, thus taking on any further financially liability.
d. All HSNB animals once HSNB has assumed ownership/responsibility after thelegally mandated holding period of three days or up to 10 days before HSNB makes a final decision on the animal, shall be the responsibility of HSNB alone.
15. Any animal surrender fees collected by HSNB for animals that are later transported to theSolano County Animal Care Facility shall be paid to the Solano County Animal Care Facility, lessa $15 per day charge for care of the animal. HSNB will provide owner surrender and animalinformation and documentation to the Animal Control Officer at the time of transfer of the animalto the Solano Animal Care Facility. HSNB will provide a quarterly report identifying all animalsun'enders for which it collected fees and later transferred to Solano County Animal Care Facility,and remit payment within 15 days of the quartefs end for animal surrender fees collected in the previous quarter.
Equipment/Training/Facilities
As defined in the budget narrative, the Sheriffs Office shall be responsible for providing andmaintaining all equipment and training for Animal Control Officers (or their designees) that arerequired to perform the services under this agreement.
1. The City transferred ownership of up to three (3) City owned animal control vehicles inpossession of HSNB for a one-time transfer fee of one dollar per vehicle, upon origination of this agreement.
a. Should the agreement dissolve during the working life of these vehicles or ananimal control vehicle the City has directly funded, Sheriff's Animal Control will reimbursethe City the fair market value of each vehicle or return the vehicle to the City for a one-time transfer fee of one dollar per vehicle.
2. The Sheriffs Office will provide vehicles, maintenance of vehicles, uniforms, equipment,training, and any other reasonable tools, services, or objects necessary to perform the services under this Agreement.
3. The Sheriff's Office will facilitate training to include trade seminars, basic and advancedofficer training, along with any legally mandated training requirements to ensure Animal ControlOfficers meet or exceed industry standards to perform the duties related to Animal Control.
Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign Envelope [D: 20AE90CD-7383-4980-BDID-E53586304CED
4. HSNB will identify and provide Sheriff's Animal Control a safe and secure space to storevehicles, supplies, vaccines and equipment free of charge to the County; County is responsiblefor providing a refrigerator for vaccines if kept separate from HSNB's vaccines Public Billing/Fee Collection
The City agrees and acknowledges that the County shall retain all rights to collect fees for servicesas authorized by City or County ordinance and by state or federal law. Sheriff's Animal Controlmay charge the animal owners for the cost of services. Some of these fees include, but are not limited to, are:
a. Services outside the scope of this contract.
b. Fees as authorized by §7.16.050 of the Vallejo Municipal Code c. Fees as authorized by the County Board of Supervisors d. Any other fee as authorized by State or Federal Law
Fees collected by HSNB for animals that are not transferred to the Solano County Animal Care Facility are excluded from this provision.
Sheriffs Animal Control will ensure financial arrangements are made prior to transporting anynon-impounded animal from HSNB. The exchange of fees between Sheriffs Animal Control and HSNB will be processed on a quarterly schedule.
Agreement Review
All parties shall meet annually, or as needed, to evaluate service levels and contract cost, andamend as necessary with approval of the presiding boards or council.
Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-498[)-BD1O-8535E6304CED Attachment 2 to Exhibit A
LOCAL SHELTERING KEY DELIVERABLES
The Humane Society of the North Bay ("HSNB") (formerly the Benicia Vallejo Humane Society) isa private, non-profit organization whose mission is providing lost or homeless animals medicalcare, shelter and nourishment; protecting animals from cruelty, neglect, and carelessness; andeducating the public about animal welfare, overpopulation, and humane alternatives. This missionclearly is compatible with the need for effective and fiscally responsible animal control services for the citizens of the City of Vallejo ("City").
HSNB believes it is crucial to maintain a positive and supportive relationship with the City andSheriff's Animal Control so that the community has a local facility for community members torecover missing pets, adopt new pets, and access to other humane animal services - without traveling to the Solano County Animal Care Facility.
HSNB will supplementthe Solano County Sheriff's Office Animal Control and include the following:
HSNB Services Provided to the Community
Adoptions - on-site and through mobile adoption events Foster programs (saving lives and decreasing the number of animals going to the Solano County Animal Care Facility)
Reuniting lost/found animals with their owners
Low-cost spay/neuter and other pet care opportunities Microchipping
Dog licensing
Public education
Other pet-related community services (i.e. new owner dog training, neonatal kitten care, etc.)
Community Cat Program (Trap/Neuter/Return) and/or feral cat assistance (feral catspay/neuter options, vaccinations, relocation and general guidance and assistance) Hours of Operation
The HSNB facility will be open to the public for a minimum of six (6) hours per day, andfive (5) days per week unless an emergency/disease outbreak requires a temporaryclosure. HSNB will communicate any necessary closures with the City of Vallejo and Sheriffs Animal Control.
The HSNB facility may be closed to the public on the following Holidays:
o New Year's Day
o Memorial Day
0 4th of July
o Labor Day
o Thanksgiving Day
o Christmas Day
Animal Control Holds/Impounded Animals
HSNB will continue to provide humane animal services to the community, including intake ofowner-surrendered animals as space allows.
Animal Control Services Consultant and Professional Services Agreement Attachment 2 to Exhibit A
DocuSign Envelope 10: 20AE90CD-7383-49BD-B[MD-E53586304CED
1. Sheriffs Animal Control will deliver all impounded City and unincorporated Vallejo animalsto HSNB for the legally required holding periods with the exception of those animals requiringimmediate medical attention as identified in Attachment 1 of Exhibit A, incorporated by reference,pursuant to Penal Code §597(f). Animals requiring immediate medical care will be delivered to theSolano County Animal Care Facility or local veterinarian as described in Attachment 1 of Exhibit A, incorporated by reference.
2. The HSNB will create and maintain appropriate records for each animal brought to theshelter, including but not limited to the address and driver's license number of the individualsurrendering an animal (if available), and in the case of stray animals, the address orlocation/cross streets where the animal was obtained.a. Specific information about each impounded animal shall be entered electronicallyvia the shelter management software or form as approved in this agreement or via mutualagreement of the three parties during both normal business and non-scheduled hours.
3. HSNB shall provide care for the dogs in the 20 restricted Animal Control kennels and thecats in the 18 Animal Control cat cages forthe legally required holding periods. Animals will be fedtwice per day and kennels and cages will be cleaned twice per day; medications will be given if prescribed by a veterinarian.
a. Sheriff's Animal Control and representatives of the Solano County Sheriff'sDepartment will adhere to HSNB intake protocols (e.g. photographs, documentation andvaccination of animals upon intake, procedures that prevent the spread of disease, etc.)
4. All animals will receive the following required vaccines immediately upon intake: modifiedlive DA2PP or DHPP and modified live Bordetella for canines; modified live FVRCP for felines. a. Sheriff's Animal Control will vaccinate animals they bring to HSNB upon intake before placing into HSNB kennels.
b. Animals found in Vallejo or surrendered/ dropped-off in person at HSNB byresidents of Vallejo or Unincorporated Vallejo, will be vaccinated upon intake by HSNB prior to placing them into HSNB kennels.i. Sheriffs Animal Control may provide vaccines to HSNB for use on City ofVallejo and Unincorporated Vallejo animals if requested by HSNB.c. If not given by Sheriff's Animal Control, rabies vaccinations will be administered todogs accepted into HSNB's adoption program by a licensed veterinarian as soon as possible.
d. Of the owner-surrendered animals vaccinated and retained by HSNB, HSNB wi[1reimburse Sheriff's Animal Control the cost of the vaccines if supplied by Sheriff's Animal Control.
e. If Sheriff's Animal Control uses HSNB vaccines, Sheriff's Animal Control will reimburse HSNB for the cost of the vaccines.
HSNB will provide space and refrigeration for all vaccines; if Sheriff's Animal Control wants to usea separate refrigerator, Sheriff's Animal Control is responsible for the cost.
5. Animals under HSNB ownership/responsibility will not be adopted or returned to theirowners without the required vaccinations (modified live DA2PP or DHPP and modified liveBordetella for canines; modified live FVRCP for felines). Additionally, dogs will not be permanentlyreleased without the required rabies vaccination and a current license. Due to the limitedavailability of an onsite veterinarian to administer rabies vaccinations, and therefore the inabilityto license, a procedure will be developed for these animals to ensure compliance with state and local law within a defined timeframe.
6. The HSNB will provide fiea control on all animals brought or surrendered to the HSNB.
Animal Control Services Consultant and Professional Services Agreement Attachment 2 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-4980-BD1 D-E535E6304CED City will bear the cost offlea treatment for all impounded City of Vallejo and Unincorporated Vallejo animals.
7. During the period animals are at the HSNB facility, the HSNB may conduct temperamentand behavior evaluations on all animals as potential adoption candidates. After the mandatoryholding periods expire, HSNB maintains first right to pull any animal and place it into HSNBownership/responsibility pending HSNB's shelter and foster capacity. HSNB can also choose torelease any impounded animal to Sheriff's Animal Control to deliver to the Solano County Animal Care Facility.
a. HSNB will always maintain a minimum of 4 open dog kennels and cat cages for impounded animals.
8. HSNB will be responsible for the care and cost of any non-City or Unincorporated Vallejo animal unless the animal is left without HSNB's approval. a. HSNB will maintain records to track the origin of all animals surrendered ordropped at the shelter to maintain financial accountability should those animals be transported to the Solano County Animal Care Facility.
HSNB City-owned Property
City and HSNB will discuss the feasibility of a long-term lease for the property on which HSNBcurrently operates. The HSNB recognizes that this area is in a former Redevelopment areaand that all long-term leases must be approved by the State of California. The HSNB alsounderstands that this process can take quite some time.
In the meantime, as has been the agreement between the HSNB and the City, the HSNB willcontinue to pay the City $1 per year for the lease of the property, until a new lease agreementis executed. As a condition of the lease, a non-voting City Council liaison, may attend all boardmeetings on behalf of the City (except for closed sessions unless approved by the Board of Directors).
This lease is now in exchange for the identified "public benefit," defined as follows: Adopt or foster out a minimum of 500 animals per year Reunite losUfound animals with their owners
As available, provide low-cost spay/neuter and other affordable animal care opportunities to the Vallejo community
Provide microchipping to 500 animals per year
Available to the public to purchase dog licenses during business hours Provide a minimum of 12 public education opportunities per year (i.e. school programs,new owner dog training, neonatal kitten care, etc.) Will develop a Community Cat Program (Trap/Neuter/Return) and/or feral cat assistance(feral cat spay/neuter opportunities, vaccinations, relocation and general guidance and assistance)
Failure to meet these requirements may result in an increase or adjustment of rent paid by HSNBto the City or the termination of said lease. HSNB will provide monthly reports to the City duringthe first year of this Agreement, and quarterly reports thereafter. These reports shall includenumerical data to date toward achieving the above listed 'public benefit goals." Each HSNB report Animal Control Services Consultant and Professional Services Agreement Attachment 2 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-498[J-BD1D-E535EÛ304CED shall include, but not be limited to:
Intake (Animal Control, Owner Surrender, etc.) and outcome of animals (Adoption, County Transfer, RTC), Foster, etc.)
Low-cost spay/neuter and other affordable opportunities provided to the Vallejo community
Number of animals microchipped
Number of dog licenses processed
Number of public education events conducted or participated in Number of fera[ cats processed through the Community Cat program (Trap/Neuter/Retum)once established; and/or number of feral cats spayed/neutered or provided with assistance.
Transparency
HSNB will accurately and legibly maintain al! animal records and documents (Animal ControlServices). HSNB understands that the California Public Records Act or other applicable law maycompel the disclosure or production of records relating to this Agreement. Upon reasonablerequest by the City, HSNB will allow City representatives access to HSNB records and documents(Le. financial, animal, etc.) for any lawful purpose, including compliance with the California PublicRecords Act or any applicable Iaw. Personnel records, attorney/client privileged documents andany other exempted material will not be disclosed to any requestor, unless disclosure of thisinformation is compelled or warranted by law. In the event a request for HSNB records is receivedby the City, City will promptly notify HSNB of the receipt of the request in order to afford HSNBwith an opportunity to oppose disclosure. Any opposition to the disclosure must be in writing,articulating a legal basis for nondisclosure. The City attorney will consider the basis for any suchopposition prior to reviewing or issuing the City's timely response to the request for production of records .
Fee Processing
Sheriffs Animal Control will ensure financial arrangements are made prior to transporting any non-impounded animal from HSNB. The exchange of fees between Sheriff's Animal Control and HSNB will be processed on a quarterly schedule.
Animal Control Services Consultant and Professional Services Agreement Attachment 2 to Exhibit A
DocuSign Envelope ID: 20AE90CD-7383-4980-BD10-E535E6304(ED
EXHIBIT B
COMPENSATION
1. Service Providers Compensation.
City agrees to pay Service Providers for those services set forth in Exhibit A of this Agreementand for all authorized expenses, in monthly installments not to exceed the identified costs as outlined below:
- For Fiscal Year 2021-2022, six hundred forty-four thousand three hundred and sixty-four dollars ($644,364) to the County of Solano; and
- Annually three hundred thousand dollars ($300,000) to the Humane Society of the NorthBay, $10,000 of those dollars being reserved for emergency veterinary expense reimbursement.
The compensation over the term of this agreement is as follows:
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
Total $1,703,250 $4,310,626
Contract Total $6,013,876
a. Additional Services:
i. Additional Services are those services related to the Scope of Work ofService Providers as set forth in Exhibit A but not anticipated at the time ofexecution of this Agreement. Additional Services shall be provided only when aSupplemental Agreement authorizing such Additional Services is approved by theCity Manager, or his or her designee. City reserves the right to perform anyAdditional Services with its own staff or to retain other Service Providers to perform the Additional Services.
ii. Service Providers' compensation for Additional Services shall be based onthe total number of hours spent on Additional Services multiplied by the employees'appropriate billable hourly rate as established below. City, at its option, maynegotiate a fixed fee for some or all Additional Services as the need arises. Wherea fixed fee for Additional Services is established by mutual Agreement betweenCity and Service Providers, compensation to Service Providers shall not exceed the fixed fee amount.
Animal Control Services Consultant and Professional Services Agreement Page 1 of 2 Exhibit B
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1 D-E535E6304CED
2. Payments to Service Providers.
a. Payments to Service Providers shall be made within a reasonable time after receiptof Service Providers' invoices, the payments to be made in proportion to servicesperformed. Service Providers may request payment on a monthly basis. ServiceProviders shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City. b. All invoices submitted by Service Providers shall contain the following information:
i. Description of services billed under this invoice
ii. Date of Invoice Issuance
iii. Sequential Invoice Number
iv. Social Security Number or Taxpayer Identification Number v. Amount of this Invoice
vi. Total Billed to Date
c. Billings that do not conform to the format outlined above shall be returned toService Providers for correction. The City shall not be responsible for delays in paymentto Service Providers resulting from Service Providefs failure to comply with the invoice format described above.
d. Request for payment shall be sent to:
Felicia Flores
Assistant to the City Manager
Office of the City Manager
555 Santa Clara Street
Vallejo, CA 94590
3. Accounting Records of Service Providers.Service Providers shall maintain for three (3) years after completion of all services hereunder, allrecords under this Agreement, including, but not limited to, records of Service Providers' directsalary costs for all Services and Additional Services performed under this Agreement and recordsof Service Providers' Reimbursable Expenses, in accordance with generally accepted accountingpractices. Service Providers shall keep such records available for audit, inspection and copyingby representatives of the City's Finance Department or other government agencies during regularbusiness hours upon twenty-four (24) hours' notice.
The obligations of Service Providers under this section shall survive this Agreement.
4. Taxes.
Service Providers shall pay, when and as due, any and all taxes incurred as a result of ServiceProviders' compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
5. Taxpayer Identification Number. Service Providers shall provide City with Service Providers complete Request for Taxpayer Identification Number and Certification, Form W-9, asissued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Animal Control Services Consultant and Professional Services Agreement Page 2 of 2 Exhibit B
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1D-E535E6304CED Attachment 1 to Exhibit B
SOLANO COUNTY SHERIFF'S ANIMAL CONTROL UNIT
The City of Vallejo agrees to pay for personnel services, services and supplies, and service vehicles as follows:
PERSONNEL SERVICES
(3) Animal Control Officers $ 348,397
(1) Animal Control Supervisor $ 56,139
Extra Help Animal Control Officer (999 hours) $ 23,557
Overtime $ 11,869
Standby $ 20,436
Answering Service $ 10,260
SUBTOTAL PERSONNEL SERVICES $ 470,658
SERVICE & SUPPLIES
Clothing and Personal Equipment $ 7,901
Emergency Medical Services (Non-County Facility) $ 25,200 Animal Control Supplies $ 10,261
Office Supplies $ 4,211
Training/Travel $ 1,596
SUBTOTAL SERVICE & SUPPLIES $ 49,169
SERVICE VEHICLES
(3) ACO Vehicles and Fuel $ 62,215
Vehicle Technology $ 3,745
SUBTOTAL SERVICE VEHICLES $ 65,960
DEPARTMENT ADMINISTRATIVE OVERHEAD $ 58,577
TOTAL PROJECTED EXPENSES $ 644,364
MONTHLY COST $ 53,697
City agrees to pay Sheriff's Animal Control six hundred forty-four thousand three hundred sixtyfour dollars ($644,364) annually, for these services set forth in Exhibit A of this Agreement andfor all authorized reimbursable expenses upon satisfactory completion of the services.
Animal control service costs will be evaluated and renewed annually and are determined by theSolano County Auditor-Controller, Risk Assessment, employee COLA's, or as service levelschange. No additional charges are incurred by the City unless specifically approved by the City.Other requests for service will be determined as received. An annual true-up shall be reimbursed to City for overpayment.
Animal Control Services Consultant and Professional Services Agreement Attachment 1 to Exhibit B
DocuS gn Envelope ID: 20AES0CD-7383-498D-BD1 D-E535E6304CED Attachment 2 to Exhibit B
HUMANE SOCIETY OF THE NORTH BAY
City agrees to pay Humane Society of the North Bay three hundred thousand dollars ($300,000)in Fiscal Year 2021-2022, and annually thereafter, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses upon satisfactory completion of the services.
HSNB service costs will be evaluated and renewed annually and may be determined by newunfunded federal, state or city mandates related to animal care, inflation, or as service levelschange. No additional charges are incurred by the City unless specifically approved by the City.Other requests for service will be determined as received. An annual true-up shall be reimbursed to City for overpayment.
Emergency/critical medical services for animals taken to non-County veterinarian. Costsexceeding $200 are fully reimbursed by the City of Vallejo in a total amount not to exceed$10,000. If costs are estimated to exceed $10,000, City and HSNB shall amend this Agreement.
Medical Supplies and services
Spay/neuter
Veterinarian fees and expenses
Veterinarian services
Medical supplies
$800 mileage allowance
Maintenance and Utilities
Electric gates
Security System for animals
Water and Electricity
Animal Control kennel maintenance
Personnel Services
3.5 kennel staff for care of Animal Control animals
.5 Office Manager
.5 Receptionist
.5 Kennel Manager
Overtime for non-business hours and holidays; vacation/sick leave relief Animal Control Services Consultant and Professional Services Agreement Page 1 of 1 Exhibit C
DocuSign Envelope ID: 20AEV0CD-7383-49BD-891 D-E535E6304CED
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE (MÃUDD, YYrn
08/09/2021
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOTAFFIRMATWELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGEAFFORDED BY THE POLICIESBELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERnFICATE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT SteeIBridge Customer ServicePRODUCER NAME:
Steeleridge Insurance Services. Inc. ,%, En )· ( 831 ) 425 -6640 1 FAx (888) 338-72771 MA/C . No):
E-MAIL csr@steelbridgeins. comADDRESS:
PO Box 629
NAiC #INSURERMAFFORDING COVERAGE
Santa Cruz CA 95061 INSURERA: NOVACasuallyCompany 42552 tNSURED INSURER B :
Humane Society of the North Bay
1121 Sonoma BLVD
INSURER C :
tNSURER D:
INSURER E :
' Vallejo
COVERAGES
CA 94590 INSURER F :
CERTIFICATE NUMBER: 2020-2021 Certificates REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADUL SUBN POUCY EFF POUCY EXP
Lm TYPE OF INSURANCE INSD WVD POUCY NUMBER (MP.UDDr, YYY) IMMJDOJYYY'n LIMITS COMMERCLAL GENERAL LIABîLITY
-- CLAIMS-MADE OCCUR
GENZ AGGREGATE UMITAPPLIES PER:
F1 pouCY E - 1 22 El LOC
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AUTOMOBILE UABILITY
ANYAUTO
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- AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
--
SCHEDULEO
UMBRELLA UAB OCCUR
EXCESS LIAB CLAIMS-MADE
DED | | RETENnON S
WORKERS COMPENSATION
AND EMPLOYERS' UABILITY
. ANYPROPRIETOR/PARTNER/EXECUITVE
A OFFICER/MEMBER EXCLUDED?
{Mandatory In NH)
W yes,de= ibe undelDESCRIPTION OF OPERATIONS below
Y / N
NiA CF1-WK-10000356-01
EACH OCCURRENCE S
DAMAGE 10 KEN LED
PREMISES (Eø occurrence) S
MED EXP (Anyone person) S
PERSONAL &ADV INJURY S
GENERALAGGREGATE $
PRODUCTS - COMP/OPAGG $
$
COMBINED SINGLE LIMIT $
(Ea accident
BODILY INJURY (Per person) $
BODILY INJURY {Peraddeñt) S
PROPERTYDAMAGEmar accident)
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EACH OCCURRENCE $
AGGREGATE S
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| UTE |
1 OTH-
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12/01/2020 12/01/2021 EL EACH ACCIDENT $ 1,000,000
E,L DISEASE. ËA EMPLOYEE $ 1,000,000
E.L DISEASE - POUCY LIMIT $ 1.000,000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 1 11, Addl,lonal Ref:rurki Schedule, may be a tached 11 moro spaçe Is required} CERTIFICATE HOLDER CANCELLAmON
City of Vatlejo
555 Santa Clam St
SHOULD ANY OF THEABOVE DESCRIBED POUCIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF. NOTICE WILLBE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Vallejo CA 94590
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 20AEØ0CD-7383-4930-BD1DÆ535E6304CED
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Experience Mod Factor 1 EXP01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date
Limit 1 Umit 2 Limit 3 Deductible Amount Deductible Type Premium Rof# Description Coverage Code Form No. Edition Dato
UmIt 1 Umit 2 Umit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Umit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date
Umit 1 Umit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date
Umit 1 Limit 2 Limit 3 Deductiblo Amount Deductible Type Premium Rof# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Umlt 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverago Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD10-E535E6304CED Policy Number: CF1-WK- 10000356 - 01
HUMANE SOCIETY OF THE NORTH BAY
1121 SONOMA BLVD
VALLEJO CA 94590 -6954
ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED
HUMANE SOCIETY OF THE NORTH BAY1121 SONOMA BLVDVALLEJO CA 94590-6954 08-30-21
INSURED
1'
1 1
DocuSign Envelope ]D: 20AE90CD-7383-49BD-BD1D-E535E6304CED WORKERS COMPENSATION AND EMPLOYERS UABILITY INSURANCE POUCY WC 890600B (Ed. 7-01)-
POUCY INFORMATION PAGE ENDORSEMENTThe following item(s) Insured's Name (WC 89 06 01)
Policy Number (WC 89 06 02)
Effective Date (WC 8906 OSI)
Expiration Date (WC 89 0604)
Insured's Mailing Address (WC 8906 05)
Experience Modification (WC 890406)
Producer's Name (WC 89 06 07)
Change in Workplace of Insured (WC 89 0608}
Insured's Legal Status (WC 89 0610)
Item 3.B. Limits (WC 890612)
Item 3.C. States (WC 89 0613)
X Item 3.D. Endorsement Numbers (WC 89 06 14)
X Item 4. *Class, Rate, Other (WC 89 0415)
Interim Adjustment of Premium (WC 89 0416)
Carrier Servicing Office (WC 89 0617)
Interstate/Intrastate Risk I.D. Number (WC 89 06 18)
Carrier Number (WC 89 0619)
Issuing Agency/Producer Office Address (WC 89 06 25)
Item 3.A. States (WC 89 06 11)
is changed to read:
THE FOLLOWING RATING PLAN IS ADDED TO THIS POLICY:
SPECIFIC WAIVER(0930) STATE : CA AMOUNT : $37.00
THE FOLLOWING RATING PLAN IS ADDED TO THIS POLICY
WAIVER MINIMUM DIFFERENCE(0930) STATE : CA AMOUNT : $213.00 THE FOLLOWING FORM(S) HAS BEEN ADDED:
WC 04 03 06 04-84 CA WAIVER OF OUR RIGHT TO RECOVER
*Item 4. Change To:
Ciassifications
Premium Basis
Code Total Estimated
No. Annual
Remuneration
Rate Per $100
of
Remuneration
Estimated
Annual Premium
SEE ATTACHED WZ 89 06 00 B (07-01) EXTENSION
Total Estimated Annual Premium $ 14 , 273
Minimum Premium $ 645 Deposit Premium $ 3
All other terms and conditions of this policy remain unchanged. 530
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.) Endorsement Effective 09- 09-21 Policy No. CF1-WK- 10000356 - 01 , Eff. 12 - 01 - 20 Endorsement No. 002 Insured HUMANE SOCIETY OF THE NORTH BAY Premium: $ 277 . 00 VALLEJO, CA 94590-6954
Insurance Company
NOVA Casualty Company (14191 ) Countersigned By
WC 890600B
(Ed. 7-01)
O 2001 National Council on Compensation Insurance, Inc.
INSURED
1 DocuSign Envelope ID: 20AE90CD-7383-498[)-B[)1 D-E535E6304CED WORKERS' COMPENSATION AND EMPLOYERS UABILITY INSURANCE POUCY WC 890600 B (Ed. 7-01)
POLICY INFORMATION PAGE ENDORSEMENT
Classifications
Premium Basis
Code Total Estimated
No. Remuneration
TRANSACTION RECAP BY RATING GROUP
Rate Per
$ loo Of
Remuneration Estimated Premium
Transaction Factor = 0.227
State: CA Rating Group: 0001-01
Stat Old New Old Term New Term OOS Add /Return
Cade Rate Rate Premium Premium Offset Premium
9897 -.07 -.07 -677.00 -694.00 .00 -4 .00
9889 .5 .5 4,497.00 4,614 .00 .00 27 .00
0063 -.024 -.024 -324.00 -332.00 .00 -2.00
9999 .01704 .01704 229.00 235.00 .00 1.00
0069 .003349 .003349 45.00 46.00 .00 1.00
0986 .001274 .001274 17.00 18 .00 .00 1.00
0991 . 004829 . 004829 65 . 00 67 . 00 . 00 1 . 00 9998 .003918 .003918 53 .00 54.00 .00 1.00
0930 .00 0 .00 37 .00 .00 37.00
0930 .00 0 .00 213 .00 .00 213 .00
9997 .003813 .003813 51.00 53 .00 .00 1.00
Rating Group 0001-01 Estimated Transaction Premium 277.00 Cash State Total (CA) 277 .00
Total Transaction Premium 277 .00
WC 89 0600 B
(Ed. 7-01)
tNSURED
DocuSign Envelope ID: 20AE90CD-7383-498[)-BD1O-E535E6304CED 1112 Policy No. Cfl - WK- 10000356 - 01
HanoverInsurance Group:°
INSTALLIVIENT SCHEDULE
Named Insured HUMANE SOCIETY OF THE NORTH BAY Effective Date: 09-09-21 Agent Name CHARITY FIRST INSURANCE SERVICES, INC. Agent No: 51011
IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS
PAYABLE ON INSTALLMENTS AS FOLLOWS:
ADDITIONAL PREMIUM: 277.00 ,
TRANSACTION PREMIUM IS DUE OR PAYABLE ON THE NEXT POLICY INSTALLMENT DUE DATE (S) .
PLEASE NOTE: IF THERE ARE NO REMAINING INSTALLMENTS, PREMIUM IS DUE OR PAYABLE IN FULL .
Failure to pay the installment Premium by the Date Due shown shall constitute non-payment of premium for which we may cancel this policy.
WC 99 06 10 A 0615
INSURED
DocuSign Envelope ID: 20AES0CD-7383-498[)-BD1D-E535E6304CED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforceour right against the person or organization named in the Schedule. (This agreement applies only to the extent thatyou perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5
otherwise due on such remuneration.
% of the California workers' compensation premium
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
CITY OF VALLEJO
555 SANTA CLARA ST
VALLEJO, CA 94590
WORK WITH THE CITY OF VALLEJO TO
CAPTURE STRAY DOGS AND BRING THEM
TO THE SHELTER. CITY FUNDING.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.(The infornmtion below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09- 09- 21 Policy No. CF1-WK- 10000356 - 01 Insured HUMANE SOCIETY OF THE NORTH
Insurance Company NOVA Casualty Company
Endorsement No. 002
Premium $ INCL .
Countersigned By
© 1998 by the Workers' Compensation Imurance Rating Bureau of California. Æl rightsreserved.Fromthe WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. íNSURED
DocuSìgn Envelope ID. 20AE90CD-7383-498D-801 D-E535E6304CED HUMANE
Society ]*
July 20, 2021
Armond Sarkìs
Risk Manager & Safety Officer
City of Vallejo I Risk Management Division
555 Santa Clara St. 1 Vallejo, CA 94590
Dear Armond,
The Humane Society of the North Bay (HSNB) does not provide veterinary services for animals privately owned by members of the public.
HSNB contracts with a licensed veterinarian who serves part-time to provide basiccare and health evaluations for HSNB shelter animals. He also administers rabies shots; which staff are not licensed to perform.
HSNB animals that are observed to have health concerns that need medicaltreatment beyond basic and standard care, or have health concerns of unknownorigin, are transferred to outside veterinary offices for evaluation and treatment.
Best Regards,
Frank Hartig
Executive Board Board of Directors
President Frank Hartig Linette Atterbury
Treasurer Brenda Mooney Carol Stillson
Secretary Claire Svedberg Sara Cohen
Anthony Marschak
1121 Sonoma Blvd., Vallejo, CA 94590 /(707) 645-7905 / www.HSNB.org501(c)3 Non-Profit Organization # 94-3041601 DocuSign Envelope ID: 20AE90CD-7383-4980-BDI D-E535E6304CED DocuSign Envelope ID: 20AE90CD-7383-49BD-BDeD-8535E6304CED
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
POLICY NUMBER: 2021-40578
A Head for Insurance. A Hamt for Nonproms.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL UABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
A. Section 11- WHO IS AN INSURED Is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteersof that public entity, as applicable, who may be named in the Schedule above, when you have agreed In awriüen contract or written agreement presently in effect or becoming effective during the term of this policy,that such public entity and/or Its offícers, officials, employees, agents and/or volunteers be added as anadditional insured(s) on your policy, but only with respect to liability for «bodily Injurñ "properly damage" or"personal and advertising injury" caused, in whole or in part, by:
a. Your negilgent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.
No such public entity or Individual is an additional Insured for liability arising out of the sole negligence bythat public entity or its designated indMduals. The additional Insured status will not be afforded withrespect to liability arising out of or related to your activities as a real estate manager for that person or organization.
B. Section Ill- LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable Individuals Identified as an additional Insured(s) pursuant to Provision A.4. above, are those specified In the written contract between you andthat public entity, or the limits available under this policy, whichever are less. These limits are part of andnot in addition to the limits of insurance under this policy.
C. With respect to the Insurance provided ta the additional Insured(sh Condition 4. Other Insurance ofSECTION W- COMMERCIAL GENERAL LIABILITY CONDITIONS Is replaced by the following:
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed In a written contract or written agreement (1) That this insurance be primary. If other Insurance is also primary, we will share with all thatother insurance as described In c. below: or NIAC-E61 02 19 Page 1 of 2
DocuSign Envelope ID: 20AED0CD-7383-4965-BD1D-E535E6304CED
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
A Haad for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2021-40578 (2) The coverage afforded by this insurance is primary and non-contributory with the additional Insured(s)' own Insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described In paragraph b. below. b. Excess Insurance
This insurance Is excess over:
1. Any of the other Insurance, whether primary, excess, contingent or on any other basis:
(a) That Is Fire, Extended Coverage, Builder's Risk, Installatlon Risk or similar coverage for nyour work";
(b) That Is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner:
(c) That is insurance purchased by you to cover your liability as a tenant for 'properly damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not sublect to Excluslon g. of SECTION 1 - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) agalnst any "suit' if any other Insurer has a duty to defend the additional insured(s) against that "suit". If no other Insumr defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other Insurers. (2) When this Insurance Is excess over other insurance, we will payonly our share ofthe amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and
(b) The total of al deductible and self-insured amounts under all that other Ins'ur'ance. (3) We Will share the remaining loss, if any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shôwn in the Declarations of this Coverage Part. c. Methods of Sharing
tf all of the other insurance available to the additional insured(s) permits contribution by equalshares, we will follow this method also. Under this appmach each Insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains: whichever comes first.
If any other the other Insurance avallabÎe to the additional insured(s) does not permit contribution by equal shares, we wil! contribute by limits. Under this method, each Insurer's share Is based on the ratio of its applicable limit of insurance to the total applicable limits of Insurance of all Insurers. , NIAC-E61 02 19 Page 2 of 2
DocuSign Envelope ID: 20AEG0CD-7383-4980-BE)1 D-E535E6304CED HUMAN-1 OP ID: TS 7 ACORD
DATE [MMIDDAYYYJ
CERTIFICATE OF LIABILITY INSURANCE08/04/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S),AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.if SUBROGATION ]S WAIVED, subject to the terms and condleons of the policy, certain policies may require an endorsoment A statement onthis certificate does not confer rights to the certificate holderln lieu of such endorsement(s).
PRODUCER 707-554-6080 891(por Jeanne Kilkenny-Turk
Vallejo Insurance Associates PHONE 707-554-6080 VAX 707 -554-2198 P. 0. Box 4446 (AIC, No, Extl: (AfC, Nol:
Vallelo, CA 94590 [email protected] Jeanne Kilkenny-Turk INSURER!81 AFFORDING COVERAGE NAIC # INSURER A: NonProfits Insurance Alliance
INSURED
25895INSURERB: United States Liability
Humane Soclely of theNorth BayFrank Hartlg
INSURER C:
1121 Sonoma BlvdVanejo, CA 94590 INSURER 0:
INSURER Ë:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS ]S TO CERTIFY THAT THE POLICE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONSAND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POUCÝ EFF POLÎCY EXP
qTR TYPE OF INSURANCE IN ,in WVD POUCY NUMBER IM, nnrvvvY, iMMion/YYY·,1 LIMITS A X COMMERCIAL GENERAL UABILM 1,000,000EACH OCCURRENCE $ --- CLÆMS·MADE OCCUR X 2021 -40578 07/28/2021 07/28/2022 PREMISES (En of#, rranm) SDAMAGETORENTED 100,000 5,000MED EXP (Anv one Dersonì $
X Uquor Uability
1,000,000PERSONALÔ ADV INJURY $
2,000,000
GEN'LAGGREGAIE LIMIT APPLES PER: GENERAL AGGREGATE $
XI poucy 1 1 58% E-| Loc PRODUCTS - COMP/OP AGO $ 2,000,000 1 OTHER: COMBINED SINGLE I.MIT
A AU-OMOBILE UABILITY
fEEn ncr:Idnnlì
ANY AUTO 2021-40578 07/28/2021 07/28/2022 BODILY INJURY mar person)
OWNED SCHEDULED
AUTOS ONLY - AUTOS BODILY INJURY Per accldmill
-1 2 & oNLY .R EMI?
eglÿAMAGE
1,000,000$
S
$
$
A X UMBRELLAUAB OCCUR
EXCESS LIAR CLA]MS-MADEE
DED I RETENTION S
WORKERS COMPENSATIONAND EMPLOYERS' LIAWLITY
ANYPROPRIETOR,zëä * üECUTIVE - MA
8@âîly#ñ!Æll
lives, dascribounderDESCRIPTIONOF OPERATIONS below
B Non Profit D&O
2021-40578-UMB
NDO1587013F
EACH OCCURRENCE $
07,28/2021 07/28/2022 AGGREGATE $
$
mAT, ITF
TH-
E.L EACHACODENT $
E.1. DISEASE - EA EMPLOYEE $
E.L. D,SËASE - POLICY 1.IMLT $
07/16/2021 07/16/2022 Per Occur
Agger
2,000,000
2,000,000
2,000,000
2,000,000
DESCRIPTION OFOPERATÎONS,LOCATIONS,VEHËLES (ACOR)101. Addltionit Remârk: schaduio, maybe attachadlf morapacels røqutrod)The City of Vallejo its Officers, officials, employees, agents andvolunteers are included as additional insureds.Location: 1121 Sonoma Blvd Vallejo CA 94590 HSNB CoV Agreement.
CERTIFICATE HOLDER CANCELLATION
City of ValleJo
555 Santa Clara St.
Vanelo, CA 94590
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WlTH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTA
Jeanne Kilkenny-T
ACORD 25 (2016/03) © 1988-2 ACORD CORPORATION.JIll rights reserved The ACORD name and logo are registered marks of M D
019
DocuSign Envelope ID: 20AE90CD-7383-4980-801 D-E535E6304CED 1N U N 1' RU t 1 1 3
INSURANCE
ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED
NOTICE OF CANCELLATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BUSINESS AUTO COVERAGE FORM
Cancellation: 30 Days Notice of Cancellation
Person or Organization
The City of Vallejo
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice ofcancellation to the person or organization shown above. We will mail such notice to the address shown at least the number of days shown for cancellation.
NIAC-E64 10 12
DocuSign Envelope ID: 20AE90CD-7383-498[)-BD1D-8535E6304(ED CERTIFICATE NO. ISSUE DATE
GL1-14762 Al CERTIFICATE OF COVERAGE 06/25/2021
Public Risk Innovation,
Solutions, and Management
THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NORIGHTS UPON THECERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSPTUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES, INC.
PO BOX 6450
NEWPORT BEACH, CA 92658-6450
PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE #0C36861
IMPORTANT: If the certificate homer is an ADDITIONAL INSURED and/or requesüng a WAIVER OF SUBROGATION, the Memorandums of Coverage most be endorsed. A statement on this cerllicate doesnot confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGE A- Public Risk Innovation, Solutions, and ManagementAFFORDED Member: COVERAGE
SOLANO COUNTY AFFORDED B
ATTN: SHERRIADAMS COVERAGE
675 TEXAS ST., SUITE 1800 AFFORDED C
FAIRFIELD, CA 94533-6321 COVERAGE
AFFORDED D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR
THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIOt\IS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY UMITS
LTR NUMBER DATE DATE
A ® Excess General Liability PRISM 21 EL-12 07/01/2021 07/01/2022 $1,000,000 Auto Liability $1,000,000
Limits inclusive of the Membefs
Self-lnsuced Retention of
$200,000
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN SOLANO COUNTY AND CITY OF VALLEJO FOR PROVIDING ANIMAL CONTROL SERVICES.
THE CITY OF VALLEJO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL COVEREDPARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9.THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES) PURSUANT TO ENDORSEMENT NUMBER U-8.
Certificate Holder
Cance!!ation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLEDBEFORETHE EXPIRATION DATE THEREOF, NOUCE WIL BE DELIVERED IN ACCORDANCE WITH THEMEMORANDUMS OF COVERAGE PROVISIONS.
CITY OF VALLEJO
555 SANTA CLARA ST
VALLEJO, CA 94590 AUTHORIZED REPRESENTATIVE
- 041 _
Public Risk Innovation, Solutions, and Management
PAGE 1 OF 2
DocuSign Envelope ID: 20AE90CD-7383-498[)-801 D-E535E6304CED ENDORSEMENT NO. U-1
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
GENERAL LIABILITY 1
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the 'Covered Party, Covered Persons or Entities" section ofthe Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liabilityarising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of theMemorandum unless another effective date is shown below. All other terms and conditions remain unchanged.
Effective Date: Memorandum No.: PRISM 21 EL-00
Issued to: ALL MEMBERS
Issue Date: June 25. 2021
'&*£)6 »-
Aùtñ6rized Representative
Public Risk Innovation, Solutions, and Management PAGE 2 OF 2 DocuSign Envelope ID: 20AE90CD-7383-4983-BD10-E535E6304CED ENDORSEMENT NO. U-8
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) GENERAL LIABILITY 1
AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION
it is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following:
8. SUBROGATION
PRISM shall be subrogated to the extent of any payment hereunder to all the covered party's rights of recovery therefore; and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows:
Any interest (including the covered party's) having paid an amount in excess of the self-insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actualpayment. PRISM shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof.
Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs .
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of theMemorandum unless another effective date is shown below. All other terms and conditions remain unchanged.
Effective Date: Memorandum No.: PRISM 21 EL-00
Issued to: ALL MEMBERS
Issue Date: June 29, 2021
M,) /h,
AWHbrized Representative
Public Risk Innovation, Solutions, and Management
DocuSign Envelope ID: 20AE90CD-7383-4989-BD10535E6304CED ENDORSEMENT NO. U-9
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
GENERAL LIABILITY 1
AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY
lt is understood and agreed that Condition 7. OTHER COVERAGE of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following:
7. OTHER COVERAGE
If collectible insurance with an insurer, or collectible group coverage through another joint powers authority, interlocal cooperative agreement, self-insurance or other public entitygroup coverage is available to the covered party covering a loss also covered hereunder(whether on a primary, excess or contingent basis), the coverage hereunder shall be: (a)in excess of, and shall not contribute with, such insurance; and (b) shall contribute onlywith any excess group coverage available through another joint powers authority according to a pro-rata, time on the risk basis. However, this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit ofliability stated in the Declarations of this Memorandum when the coverage afforded underthis Memorandum provides less than 100 percent of the limit set forth in the Declarations.
However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement.
Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this Memorandum and a memorandum of coverage issued in connection with the PRISM's Medical Malpractice Program, this Memorandum shall afford primary coverage only wherethe gravamen of the claim or suit involves liability covered hereunder. EIA staff will preliminarily assess the gravamen of the claim or suit and refer it to the committee responsible for the coverage believed to be applicable under this paragraph. Where thatcommittee disputes PRISM's assessment of the gravamen of the claim or suit and rejectsprimary coverage, PRISM will thereafter refer the claim or suit to the committeeresponsible for the other applicable coverage. If that committee also rejects the primarycoverage responsibility, the Executive Committee will determine which of PRISM's coverages is primary under this paragraph.
If the Member disputes the acceptance of primary coverage by a committee of PRISM'sresponsible for the coverage, the Member may appeal that decision to the ExecutiveCommittee. Appeal must be requested within 60 days of the coverage acceptance by PRISM.
DocuSign Envelope ]D: 20AES0CD-7383-49BD-BDîD-E53526304CED If the Member is not satisfied with the outcome of the Executive Committee appeal or the determination by the Executive Committee as to which of PRISM's coverages is primary where no committee agreed to accept primary responsibility, the Member may invoke Section (d) and (e) of Article 31 of PRISM's Joint Powers Agreement and proceed to arbitration and, if necessary, litigation. For purposes of this paragraph, the Member must request to invoke Article 31 dispute resolution process within 60 days of the Executive Committee's determination as to which of PRISM's coverages is primary.
Where a memorandum of coverage issued in connection with PRISM's Medical Malpractice Program is determined to afford primary coverage pursuant to this section, the exhaustion of PRISM's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum.
Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum.
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.
Effective Date
Issued to: ALL MEMBERS
Memorandum No. PRISM 21 EL-00
Issue Date: June 25, 2021
Authorized Representative
Public Risk Innovation, Solutions, and Management
D !Sign E-rj,veopp_ID: 20AE90CD-7383-498[)-BDI D-E535E6304CED ISSUE DATE WC-2604 CERTIFICATE OF COVERAGE 06/25/2021
PUBLIC RISK INNOVATION,
SOLUTIONS, AND MANAGEMENT
C/O ALLIANT INSURANCE SERVICES, INC.
PO BOX 6450
NEWPORT BEACH, CA 92658-6450
PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE #0C36861
Member:
SOLANO COUNTY
ATrN: SHERRI ADAMS
675 TEXAS ST., SUITE 1800
FAIRFIELD, CA 94533-6321
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
ORNEGATIVELYAMEND, EXIEND ORALTERTHECOVERAGEAFFORDEDBELOW, THIS CERTIFICATE OF COVERAGE DOES NOT CONSTmTUE A CONTRACTBETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
IMPORTANT: If the certificato holder is requesting a WAIVER OF SUBROGATION, the Memorandums of Coverage must be endorsed. A stalementon this cerlificato does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGE A - See attached schedule of insurersAFFORDED BY:
COVERAGE
AFFORDED BY: B
COVERAGE
AFFORDED BY: C
COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBERNAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDmONS OF SUCH MEMORANDUMS AND POLICIES.
CO TYPE OF COVERAGELTR
MEMORANDUMi
POLICY NUMBER
COVERAGE EFFECTIVE COVERAGE EXPIRATION
DATE DATE LIABILITY LIMITS
A EXCESS WORKERS'
COMPENSATION &
EMPLOYER'S LIABILITY
See attached
Schedule of Insurers
for policy numbers
07/01/2021 07/01/2022 WORKERS' COMPENSATION
Difference between
Statutoryand Member's
$125,000 Relentjon
EMPLOYERS' LIABILITY:
Difference between
$5,000,000 and Membefs
Retention
UMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE FOR CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN SOLANO COUNTYAND CITY OF VALLEJO FOR PROVIDING ANIMAL CONTROL SERVICES.
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF VALLEJO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS ANDVOLUNTEERS PURSUANT TO ENDORSEMENT NUMBER U-2.
Cancellation
Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIESBEE CANCELLED BEFORE THE EXPIRATION THEREOF. NOTICE WILL BE DELIVERED INACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POUCIES PROVISIONS.
CITY OF VALLEJO
555 SANTA CLARA ST
VALLEJO, CA 94590
AUTHORIZED REPRESENTATIVE
Public Risk Innovation, Solutions. and Management
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1D-E535E6304CED
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION PROGRAM
2021/2022 SCHEDULE OF INSURERS
SOLANO COUNTY
PROVIDER MEMORANDUM/ LIMIT
POLICY NUMBER
Public Risk Innovation, Solutions,
and Management
PRISM 21 EWG19 Workers' Compensation:
$50,000,000 each accidenUeach employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accidenUeach employee
for disease
Liberty Insurance Corporation
(Difference between $5,000,000 and the
individual member's retention)
EW7-64N-444785-011 Statutory each accidenVeach employee for disease excess of
$50,000,000
r
DocuSign Envelope ID: 20AE90CD-7383-49BD-BD1 D-E535E6304CED ENDORSEMENT NO. U-2
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
[t is understood and agreed that Section Vlll. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following:
Vill. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows:
PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM.
However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged.
Effective Date: Memorandum No.: PRISM 21 EWC-00
Issued to: ALL MEMBERS
Issue Date: June 25, 2021
&%,Uéá/'-'
161#íorized Representative
Public Risk Innovation, Solutions, and Management
Jul 7, 2022 1:13 PM, 983647934
Contract and Routing Form
Date Originated:
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: City Manager's Office,
Staff Contact: Natalie Peterson, [email protected] Contract Type: Amendment
Vendor: HUMANE SOCIETY OF THE NORTH BAY Vendor Number:900 Business License Number: 11710271
Contract Not to Exceed Amount:
Contract Start Date: Jan 13, 2015 End Date: Jul 30, 2023 Authority to Contract: CLW\&RXQFLO
Other Comments: This is an amendment to extend the agreement for Animal Control services. &LW\&RXQFLODSSURYHGRQ-XQH 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
15-CM013 & 15-CM013A
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney's Office
City Manager's Office
City Clerk
Return executed contract to: Natalie Peterson
Jul 8, 2022 9:40 AM, 983976048
Pre-Requisition Form
Financ
e Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: City Manager's Office,
Staff Contact: Natalie Peterson, [email protected] Vendor: Humane Society of the North Bay
Term: Purchase this FY
Anticipated Purchase Date: Jul 08, 2022
Anticipated Contract Type: Amendment
Purchasing Authority: City Manager
Total Projected Expenditure: 300000.00
Multiple Project Numbers? Multiple Account Numbers? No, just one Description of Proposed Purchase:
Humane Society of the North Bay to provide animal control services I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.
It is an existing vendor and I am working to take an action to the City Council because it will exceed the City- wide cap of $100,000 in a single FY.
Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:
This is an amendment to an existing contract
Explanation for Vendor Selection:
This is an amendment to an existing contract
Uploaded documents available for review https://bit.ly/vPreReqs.
WarrantyNot sure
Original Contract/AgreementAmendment
Pre-Requisition Signature Section
Department Comment
Delegated Signee: Terrance Davis
Title: Assistant City Manager
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
Jul 8, 2022 9:52 AM, 983980694
Pre-Requisition Form
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: City Manager's Office,
Staff Contact: Natalie Peterson, [email protected] Vendor: Solano County Sheriff's Office
Term: Purchase this FY
Anticipated Purchase Date: Jul 08, 2022
Anticipated Contract Type: Amendment
Purchasing Authority: City Manager
Total Projected Expenditure: 656820.00
Multiple Project Numbers? Multiple Account Numbers? No, just one
Description of Proposed Purchase:
Solano County Sheriff's Office to provide animal control services I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.
It is an existing vendor and I am working to take an action to the City Council because it will exceed the City- wide cap of $100,000 in a single FY.
Competitive Process: I am exempt from having to complete a Competitive Process
Exemption Explanation:
This is an amendment to an existing contract
Explanation for Vendor Selection:
This is an amendment to an existing contract
Uploaded documents available for review https://bit.ly/vPreReqs.
WarrantyNot sure
Original Contract/AgreementAmendment
Pre-Requisition Signature Section
Department Comment
Delegated Signee: Terrance Davis
Title: Assistant City Manager
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
FIFTH 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 Fifth Amendment
This Fifth Amendment (“Amendment”) to that Consultant and Profe ssional 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 H umane Society of the North Bay ("HSNB"), and amended by the First Amendment on June 30, 2017, Second Amendment on June 30, 2020, and Third Amendment on June 30, 2021, and Fourth Amendment on June 13, 2022, is entered into on June 13, 2023. The City, SAC, and HSNB shall in dividually be referred to as a “Party” and collectively as the “Parties” for purposes of this Amendment. Additionally, SAC and HSNB may collectively be referred to as “Service Providers.”
WHEREAS, HSNB operates an animal shelter from the City-owned pr operty located at 1121 Sonoma Boulevard in Vallejo, California for which it pays the City $1.00 in annual rent; and
WHEREAS, SAC provides animal control services for City and uses HSNB for the housing of animals.
The Parties do mutually agree as follows:
1. Revised Term of Agreement. The Agreement term is currently scheduled to expire on June 30, 2023. As of the date of this Amendment, the term of the Agreement is extended to June 30, 2024.
2. EXHIBIT B COMPENSATION, Paragraph 1, is hereby amended to re ad as follows:
Service Providers Compensation. City agrees to pay Service Providers for services set forth in Exhibit A of Agreement in monthly installments, with a not to exceed as outlined below:
- For Fiscal Year 2023-2024
o Three hundred thousand dollars ($300,000) to the Humane Societ y of the North Bay; and
o Seven hundred thirty-eight thousand seven hundred ninety-two d ollars ($738,792) to the County of Solano.
The compensation over the term of this agreement is as follows:
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
FY 2023 – 24 $300,000 $738,792
DocuSign Envelope ID: 1CCCCB6E-9F11-4FAE-AAD0-5FE89874466D DocuSign Envelope ID: BBC79662-D02A-4F94-A95A-67D3E778F269 DocuSign Envelope ID: 8BC4A3CF-0F22-42C8-808E-51CBC1CB3110 City of Vallejo, County of Solano and Humane Society of the North Bay Fifth Amendment
Total $2,303,250 $5,706,238
Contract Total $8,009,488
The maximum amount of the Agreement is increased by $1,038,792 to a revised sum of $8,009,488.
The remainder of Paragraph 1 remains unchanged.
3. Integration. This Amendment contains the entire agreement between the Part ies with respect to its subject matter and supersedes whatever oral or w ritten understanding they may have had prior to the execution of this Amendment. This Amendm ent 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 pro visions of this Amendment and the Agreement, and any prior amendment, if a ny, 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 any 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 P arty hereby represents and warrants that he or she is fully authorized to s ign this Amendment on behalf of such Party.
DocuSign Envelope ID: 1CCCCB6E-9F11-4FAE-AAD0-5FE89874466D DocuSign Envelope ID: BBC79662-D02A-4F94-A95A-67D3E778F269 DocuSign Envelope ID: 8BC4A3CF-0F22-42C8-808E-51CBC1CB3110 City of Vallejo, County of Solano and Humane Society of the North Bay Fifth Amendment
THE COUNTY OF SOLANO, a political
subdivision of the State of California by and
through the Sheriff’s Office
B y :
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
B y :
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 F
ORM
Veronica A.F. Nebb, City Attorney
APPROVED AS TO INSURANCE
Armond Sarkis, Risk Manager
(City Seal)
DocuSign Envelope ID: 1CCCCB6E-9F11-4FAE-AAD0-5FE89874466D 7/7/2023
8/11/2023
for
DocuSign Envelope ID: BBC79662-D02A-4F94-A95A-67D3E778F269 DocuSign Envelope ID: 8BC4A3CF-0F22-42C8-808E-51CBC1CB3110 8/30/2023
11710271
SIXTH 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 Sixth Amendment
This Sixth 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, and Third Amendment on June 30, 2021, and Forth Amendment on June 13, 2022, and Fifth Amendment on June 13, 2023, is made November 28, 2023. 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, 2023. As of the date of this Amendment, the term of the Agreement is extended to June 30, 2024.
2. Service Providers Compensation. City agrees to pay Service Providers for services set forth in Exhibit A of Agreement in monthly installments, with a not to exceed as outlined below:
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
FY 2023 – 24 $352,000 $738,792
Total $2,355,250 $5,706,238
Contract Total $8,061,488
The maximum amount of the Agreement is increased by $52,000 to a revised sum of $8,061,488.
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.
City of Vallejo, County of Solano and Humane Society of the North Bay Sixth Amendment
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.
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)
CONSENT CALENDAR 8.J.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Alicia M. Jones, Housing Director
Chari Francisco, Administrative Manager
SUBJECT: ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND FUNDING ALLOCATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM PROJECTS AND ACTIVITIES
RECOMMENDATION
Adopt a Resolution approving the City of Vallejo's Annual Action Plan (AAP) for Fiscal Year (FY) 2024-25 and funding allocations for submission to the U. S. Department of Housing and Urban Development (HUD), as recommended by the Housing and Community Development (HCD) Commission and staff.
REASONS FOR RECOMMENDATION
By submitting the Annual Action Plan (Attachment 2) to HUD, the City maintains its eligibility for and may receive federal Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program funds in FY 2024-25. These funds benefit the City by helping it to accomplish its affordable housing and community development goals.
BACKGROUND AND DISCUSSION
The City is required by HUD to submit an "Annual Action Plan" (AAP) sixty days after the date grant allocations are announced in order to receive funds for several affordable housing and community development programs. The allocations were published by HUD on May 7, 2024. The AAP includes the allocation of FY 2024-25 (July 1, 2024 to June 30, 2025) CDBG Program and HOME Program funds to projects and activities. The Draft 2024-25 AAP is shown in Attachment 2,
Consolidated Plan Process
The FY 2020-24 Five-Year Consolidated Plan was adopted by the City Council in July, 2020. On December 1, 2022, the HCD Commission held a public hearing to receive comments on affordable housing and community development needs in Vallejo. The purpose of this hearing was to determine whether the needs and priorities identified in the Consolidated Plan had significantly changed and if so, what if any revisions to projects and activities may be appropriate. Two public speakers made comments at the December 1st hearing. These comments were consistent with the priorities in the adopted Consolidated Plan. No written comments were received.
The HCD Commission and the City Council have taken actions to support the development of the FY 2024-25 AAP. In December 2023, the HCD Commission recommended and the City Council adopted a CDBG Program and HOME Program funding process and criteria for FY 2024-25. On January 16, 2024 the City issued FY 2024-25 RFPs and Applications for Funding, inviting non-profit organizations to submit proposals for affordable housing and social service projects and activities. A Mandatory Briefing Session on the FY 2024-25 Applications was hosted by staff for non-profit agencies on January 25, 2024. The Applications were due not later than February 13, 2024. Four responsive social service applications were received, requesting
Date: June 25, 2024
Subject: ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND FUNDING ALLOCATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM PROJECTS AND ACTIVITIES
CDBG Program funds; one public facility request was received and deemed incomplete, requesting CDBG Program funds; and one responsive affordable housing proposal was submitted, for the Sonoma Estates Ownership Housing Project, requesting both CDBG Program and HOME Program funds. In February, 2023 staff screened the Applications received for consistency with the Consolidated Plan, and to ensure they were substantially complete.
In December, 2023 the HCD Commission formed an Ad Hoc Committee on the FY 2024-25 CDBG Program and HOME Program funding process, to include eventual funding recommendations from the Ad Hoc Committee and staff to the HCD Commission. The Ad Hoc Committee and staff met on March 6, 2024 to receive presentations from the non-profit agencies that requested FY 2024-25 CDBG Program and HOME Program funds. On March 14, 2024 the Ad Hoc Committee and staff met to review the Applications and input received on March 6th, and then developed recommendations for the HCD Commission's consideration and action. The Ad Hoc Committee and staff were in agreement on the proposed projects and activities, and funding amounts, for FY 2024-25.
During its regular meeting on April 4, 2024, the HCD Commission held a public hearing on the Draft AAP for FY 2024-25, which includes CDBG Program and HOME Program funding recommendations. A member of the public expressed support for the Annual Action Plan. After the public hearing, the HCD Commission voted, 5- 1-0, to recommend the FY 2024-25 AAP for approval by the City Council, as presented by the Ad Hoc Committee and staff. A 30-day written comment period on the Draft FY 2023-24 AAP began on March 22, 2024, and ended on April 23, 2024. No comments were received during the 30-day comment period.
The HCD Commission and staff's recommendations include the CDBG Program and HOME Program FY 2024-25 activities and funding allocations as shown in Attachments 3 and 4, respectively.
On June 12, 2024, the City was informed that HUD has approved the City's Voluntary Grant Reduction (VGR) request in response to the repayment of HOME Program funds used for the development of Blue Oak Landing (Sacramento Street Apartments Project). The repayment was due to delays in the acquisition of the property and construction of the project, as well as a series of administrative errors which occurred from 2019 to early 2021, prior to current management. HUD will reduce the City's FY 2024-25 HOME Program funds to zero as part of the VGR. This repayment method will have the least impact on City operations and funding, as the City will be utilizing its unallocated and unexpended HOME Program grant balances from prior fiscal years to fund future eligible HOME projects.
Key Program Requirements
CDBG Program - CDBG projects and activities receiving funding must: (1) meet a national objective of the program, and (2) qualify as an eligible activity. Projects must be completed and funds must be expended in a timely manner, or funds are recaptured by HUD.
(1) Program Administration - In each fiscal year, no more than twenty percent of the City's FY 2024-25 CDBG Program Entitlement grant and twenty percent of projected FY 2023-24 CDBG program income (revenue) may be expended on costs related to meeting the administrative requirements of the program. Typically, the City Council has allocated the maximum amount allowed by HUD to CDBG Program Administration.
(2) Social (Public) Services - No more than fifteen percent of the FY 2024-25 CDBG Program Entitlement grant and fifteen percent of FY 2023-24 ("prior year") program income received may be expended on social service activities. Staff estimates that approximately $150,000 will be available to allocate to social services in Date: June 25, 2024
Subject: ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND FUNDING ALLOCATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM PROJECTS AND ACTIVITIES
FY 2024-25.
HOME Program - The City must provide a 25 percent non-federal match for all HOME project costs. Similar to the CDBG Program, HOME-funded projects must be completed and funds spent in a timely manner, or funds are recaptured by HUD.
(1) Program Administration - No more than ten percent of the FY 2024-25 HOME Program Entitlement grant and ten percent of FY 2024-25 projected HOME program income may be expended on HOME program administration costs. Annually, the City Council has approved budget authority for the maximum amount allowed by HUD for HOME Program Administration.
(2) Community Housing Development Organization ("CHDO") Project and Operating (Soft) Costs - The City must set aside at least fifteen percent of its HOME Program Entitlement grant each year for specific activities to be undertaken by a special type of non-profit called a Community Housing Development Organization (CHDO). A CHDO is a private non-profit community-based organization that has staff with the capacity to develop affordable housing for the community it serves. In order to qualify for designation by the City as a CHDO, the organization must meet certain requirements pertaining to its legal status, organizational structure, and capacity and experience. Each fiscal year, the City has designated CHDC as a qualified CHDO.
At its option, the City may also allocate up to five percent of its HOME Program Entitlement grant each year to a CHDO for its operating costs.
Current Community Development and Housing Projects
Navigation Center Project - A high priority project of the City that is in progress is the construction of a Navigation Center for up to 125 homeless persons. The projected construction budget is approximately $7.9 million, and is being funded through a variety of sources, including but not limited to CDBG Program funds, City and Solano County American Rescue Plan Act ("ARPA") funds, and State of California Permanent Local Housing Allocation (PLHA) funds.
Beginning in FY 2019-20, the City has expended over $1.1 million of its CDBG Program funds on the Navigation Center Project, including for such items as design costs, and paying for the Center structures, The HCD Commission and staff believe it is critical to complete and open the Navigation Center within the next year in order to: (1) meet a high priority need identified in the Consolidated Plan, and (2) ensure that CDBG Program funds are expended in a timely manner. The City must expend and draw down approximately $1.5 million in CDBG Program funds by May 2, 2024 or such funds are permanently recaptured by HUD. These funds were drawn down by the deadline for expenditure on the Navigation Center Project.
Sonoma Estates Ownership Housing Project - Sonoma Estates was initially a housing project including eleven for-ownership, affordable housing units. Due to project feasibility and design, the decision to transition the project to permanent affordable housing for seniors was made by the developer, Community Housing Development Corporation (CHDC). The estimated total development budget for the Sonoma Estates Project is approximately $90.5 million, and will require funding from a variety of sources in order to be completed. The City invested $969,612 in Neighborhood Stabilization Program (NSP) funds in the form of a loan to CHDC for the acquisition and development of a vacant parcel located at Sonoma Boulevard and McLane Street in South Vallejo. These funds were provided in 2019 through a Five-Year Neighborhood Stabilization Program Agreement between the City and CHDC. CDBG Program and HOME Program funds, totaling $1,203,270, have also been committed by the City to the project in prior years; however, CDBG Program and HOME Date: June 25, 2024
Subject: ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND FUNDING ALLOCATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM PROJECTS AND ACTIVITIES
Program Funding Agreements have not yet been executed. The total commitment of funds to date, therefore, by the City to the Sonoma Estates Project is $2,172,882. During the FY 2022-23 CDBG Program and HOME Program funding cycle, CHDC informed the City that it anticipated that CDBG Program and HOME Program funding allocations from the City in FY 2022-23 would close the project's construction funding gap at that time.
CHDC requested an additional $1.2 million in CDBG Program and HOME Program funds in FY 2023-24, but the HCD Commission and staff did not recommend additional funding for the project. For FY 2024-25, CHDC has again requested $1 million in CDBG Program and HOME Program funds for the Sonoma Estates Project.
The HCD Commission and staff did not recommend additional funding due to lack of progress on the project, incomplete funding sources, and developer capacity. City staff meet on a regular basis with CHDC staff to discuss and review the project's status and plans on how to close its funding gap.
FY 2024-25 CDBG Program Funding Recommendations
The City anticipates it will receive $1,007,083 in CDBG Program Entitlement funds from HUD in FY 2024-25.
Staff estimates that the City will receive $5,000 in CDBG program income in FY 2024-25. Therefore, the total amount of CDBG Program funding available to allocate to projects and activities in FY 2024-25 is currently estimated at $1,012,083. Based on these estimated amounts, the HCD Commission and staff's FY 2024-25 CDBG Program funding recommendations are shown below, and in Attachment 3.
CDBG, FY 2024-25 (Proposed)
Proposed Activity Amount Administration
City Program Administration $202,417 (maximum allowed) Projects
Public Facilities
Homeless Navigation Center 659,666 Social Services
1. Lighthouse Covenant Fellowship - Unhoused Shower Outreach 50,161
2. Fair Housing Advocates of Northern California - Fair Housing Education and Enforcement 43,000
3. House of Acts - Transitional Housing Services 36,839
3. Faith Food Fridays - Food Pantry Services 20,000 Subtotal, Social Services 150,000 Subtotal, Projects 809,666 Total Expenditures $1,012,083
FY 2024-25 HOME Program Funding Recommendations
The City expects not to receive any HOME Program Entitlement funds in FY 2024-25 due to its repayment agreement with HUD; however, staff still estimates that the City will receive $100,000 in HOME program income in FY 2024-25. Based on this recent information, the HOME Program funding recommendation for FY 2024-25 is shown below, and in Attachment 4. Although there will be no HOME grant for FY 2024-25, the City still has unexpended grant balances from prior fiscal years totaling $2,165,117 that will be used to fund future eligible HOME projects. Staff intends to amend the FY 2024-25 HOME Budget shown below by the end of the first quarter of FY 2024-25 to carry over the unexpended funds.
Date: June 25, 2024
Subject: ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND FUNDING ALLOCATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM PROJECTS AND ACTIVITIES
HOME, FY 2024-25 (Proposed)
Proposed Activity Amount Administration
City Program Administration $10,000 (maximum allowed) Projects
1. CHDO Project 0
2. Permanent Supportive Housing Project 0 Subtotal, Projects 0 Total Expenditures $10,000
FISCAL IMPACT
The City Council's action will approve a new Annual Action Plan for FY 2024-25 for submission to HUD, including the allocation of approximately $1,012,083 and $10,000 in CDBG Program and HOME Program funds, respectively, totaling an estimated $1,022,083, to specific projects and activities in FY 2024-25.
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 Approving FY 2024-25 Annual Action Plan - CAO STAMP
2. FY 2024-25 Draft Annual Action Plan
3. FY 2024-25 CDBG Program Budget
4. FY 2024-25 HOME Program Budget
CONTACT
Alicia M. Jones, Housing Director, (707) 648-4408
[email protected]
RESOLUTION NO. ________ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE CITY OF VALLEJO’S ANNUAL ACTION PLAN FOR FISCAL YEAR (FY) 2024-25,
INCLUDING PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM
FUNDING ALLOCATIONS FOR SUBMITTAL TO THE
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, as a condition of receiving federal Community Development Block Grant (CDBG) Program (Fund 101) funds, HOME Investment Partnerships Program (Fund 102) funds, and certain other federal community development and housing funds, the City is required to prepare and submit an Annual Action Plan to the Department of Housing and Urban Development (HUD); and
WHEREAS, the City’s next Annual Action Plan includes the Fiscal Year (FY) 2024-25 CDBG Program and HOME Program funding allocations to projects and activities; and WHEREAS, in December 2023, the City adopted a CDBG Program and HOME Program funding process and criteria, which included a one-year funding cycle for FY 2024-25; and WHEREAS, as part of the funding process, on January 16, 2024, the City of Vallejo issued a Request for Proposals and Applications for the allocation of a portion of its CDBG Program and HOME Program funds to non-profit organizations; and
WHEREAS, a Draft Annual Action Plan for FY 2024-25 that included estimated CDBG Program and HOME Program funding allocations based on prior fiscal year amounts has been prepared by staff; and
WHEREAS, on April 4, 2024 the Housing and Community Development Commission of the City of Vallejo held a public hearing to receive comments on the Draft Annual Action Plan for FY 2024- 25, and the proposed allocation of CDBG Program and HOME Program funds to projects and activities for FY 2024-25, and then recommended the adoption of the Annual Action Plan, to include the annual allocation of CDBG Program and HOME Program funds to projects and activities for FY 2024-25, by the City Council; and
WHEREAS, on May 7, 2024, HUD published the exact grant amounts of $1,007,083 in CDBG Program and $463,688 in HOME Program funds allocated to the City of Vallejo for FY 2024-25; and
WHEREAS, staff estimates that the City of Vallejo will also receive $5,000 and $100,000 in program income (revenue) in FY 2024-25, as a result of the implementation of CDBG Program and HOME Program projects and activities, respectively; and
WHEREAS, on June 12, 2024, HUD has informed the City that its HOME Program grant for FY 2024-25 will be reduced to zero as part of the repayment of HOME Program funds used for the development of the Sacramento Street Apartments Project (Blue Oak Landing).
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE THAT:
Section 1. The Council of the City of Vallejo approves (1) the FY 2024-25 Annual Action Plan, (2) the FY 2024-25 CDBG Program funding allocations, and (3) the FY 2024-25 HOME Program funding allocations, as shown at Attachments 2, 3, and 4 of the Staff Report dated June 25, 2024.
Section 2. Notwithstanding any provision of the award of funds as described in the Staff Report, the Council of the City of Vallejo by this action acknowledges that these funding allocations do not constitute a commitment of funds or project site approvals, and that such commitment of funds or approvals may occur only upon satisfactory completion of environmental reviews under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), and receipt by the City as applicable of an Authority to Use Grant Funds from HUD under 24 CFR § 58.
Section 3. The provision of any CDBG Program funds or HOME Program funds to projects as described in the Staff Report is conditioned on the City’s determination to proceed with, modify, or cancel any activity based on the results of subsequent environmental reviews, as applicable.
Section 4. Notwithstanding the reservation of funds as described in the Staff Report, the City, and subrecipient agencies and contractors of the City, receiving CDBG Program funds and HOME Program funds, will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair, or construction prior to environmental clearance, and that the violation of this provision may result in the denial by HUD of the use of any CDBG Program or HOME Program funds by the City under the FY 2024-25 CDBG Program and HOME Program grants.
Section 5. The City Manager, or his/her designee, the Assistant City Manager, is hereby authorized to prepare and submit to HUD the City’s FY 2024-25 Annual Action Plan, and any related applications or documents, and any amendments or corrections to such applications and documents.
Section 6. The City Manager or his/her designee is hereby authorized to increase or decrease, proportionately, all proposed activity budgets from the estimated funding levels to match the FY 2024-25 CDBG Program and HOME Program actual allocation amounts received by HUD, in an amount not to exceed $100,000 for each program, as necessary.
Section 7. The City Manager or his/her designee is hereby authorized to prepare and execute written Agreements and Amendments as may be required with subrecipient and nonprofit agencies receiving funding allocations in FY 2024-25.
Section 8. The City Manager or his/her designee is hereby authorized to prepare and issue Requests for Qualifications and Requests for Proposals for FY 2024-25 CDBG Program and HOME Program projects and activities on or after July 1, 2024, as may be required by the City of Vallejo or HUD.
Adopted by the Council of the City of Vallejo at a meeting held on June 25, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: __________________________________ DAWN G. ABRAHAMSON, CITY CLERK
Annual Action Plan
2024
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Vallejo ("City"), with an estimated population of 123,564 as of July 1, 2022 according to the U. S. Census Bureau, is the largest city in Solano County, California, and is located on the northeastern shore of San Pablo Bay. Based on the most recent affordable housing and community development (non-housing) needs data available to the City of Vallejo, the City's current Five-Year Consolidated Plan (2020-2024), adopted in 2020, identified four high priority population groups in Vallejo, in this order of need:
1. Extremely low-income and very low-income renters,
2. Homeless persons,
3. Very low-income first-time homebuyers, and
4. Non-homeless persons with special needs, including persons living with HIV/AIDS, severe mental illness, and substance abuse addictions.
Community development (non-housing) needs identified in the Five-Year Consolidated Plan ("Consolidated Plan")include: (1) completing comprehensive, health and safety-related public improvements in neighborhood target areas, (2) installing curb ramps, City-wide, and (3) providing social services for extremely low-income and very low-income persons to meet their basic human needs.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The City of Vallejo's goals for fiscal year (FY) 2024-25 (period starting July 1, 2024 through June 30, 2025) are --
1. To establish a Navigation Center for up to 125 homeless persons
2. To establish a new permanent supportive housing project for homeless persons
3. To provide social services to 1,250 very low-income and low-income persons, and
4. To provide critical public services to 125 persons who are not homeless but who have special need.
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3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
In 2020, the City adopted a Five-Year Consolidated Plan for the period beginning July 1, 2020 and ending June 30, 2025. Approximately $20 million in private, federal, State, and local funds are invested in Consolidated Plan projects and activities annually; of this amount, a large majority is federal funds. The City is on track to accomplish many of its Consolidated Plan goals and address the high priority needs in the community.
The number of non-profit agencies that respond to the City's Request for Proposals to provide public services has considerably dwindled since the pandemic. The City has reached out to several agencies in order to continue achieving the goal of serving 6,250 individuals as stated in the Consolidated Plan.
Delays in the development and construction of the Homeless Navigation Center Project have resulted in large amounts of Community Development Block Grant (CDBG) Program funds remaining at the end of the previous program year and prior years. The City has since expended CDBG funds as construction has begun in the second quarter of 2024. The City will continue to commit funds to the project.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
For the fifth and final year of the Five-Year Consolidated Plan (period of July 1, 2024 through June 30, 2025), the City's Housing and Community Development (HCD) Commission held two public hearings: on December 7, 2023 and February 1, 2024, on affordable housing and community development needs.
The City holds at least one public hearing each year, in accordance with the City's Citizen Participation Plan, to receive comments on affordable housing and community development needs in the City of Vallejo. The specific purposes of this annual public hearing were to: (1) determine whether and how affordable housing and community development needs may have changed significantly from those identified in the adopted Consolidated Plan and if so what, if any, revisions to proposed projects and activities may be appropriate, and (2) provide an opportunity for residents and other interested parties to comment on how the City's CDBG Program and HOME Program funds might be used in FY 2024-25, the fifth year of the Five-Year Consolidated Plan. The purpose of the hearings was not to recommend the allocation of funding to specific projects and activities. Legal notices translated in Spanish and Tagalog regarding the hearings were published in the local newspaper, the Vallejo Times-Herald, on November 21, 2023, and January 2, 2024, respectively, and on the City's website, prior to the public hearing. Written comments were also invited from the public, prior to the hearing.
The HCD Commission held a public hearing on April 4, 2024, to receive comments from the public on the draft FY 2024-25 Annual Action Plan. Legal notices translated in Spanish and Tagalog regarding the April Annual Action Plan
2024
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4, 2024 public hearing were published in the local newspaper on March 22, 2024, and on the City's website. The written comment period on the Draft Plan ended on April 23, 2024.
The Vallejo City Council is scheduled to review and adopt the FY 2024-25 Annual Action Plan on June 25, 2024 as presented by the HCD Commission and staff, for submittal to HUD.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
Vallejo's Housing and Community Development Commission held two public hearings on affordable housing and community development needs: on December 7, 2023 and February 1, 2024.
No public comment was received at the December 7, 2023 public hearing. One comment was received on February 1, 2024. Meeting minutes are attached. A member of the public discussed scale and access to affordable housing. They also brought up developing a program to utilize skilled homeless community members for employment. No written comments were received.
6. Summary of comments or views not accepted and the reasons for not accepting them
7. Summary
After an extensive planning and public comment process, in 2020 the City adopted a Five-Year Consolidated Plan for the period of July 1, 2020 through June 30, 2025. The Consolidated Plan prioritizes affordable housing and community development needs in the City of Vallejo, and identifies anticipated resources to address the high priority needs in these areas. The City expects to meet most of its five- year and annual program goals; if needs or resources change in the future, the City will consider amending the Consolidated Plan, using a public process that follows its Citizen Participation Plan.
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2024
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator VALLEJO Housing and Community Development Department HOME Administrator VALLEJO Housing and Community Development Department Table 1 – Responsible Agencies
Narrative (optional)
The City of Vallejo's Entitlement grants are currently administered by the Housing and Community Development Department under the direction of the Housing Director.
Consolidated Plan Public Contact Information
Alicia M. Jones, Housing Director, City of Vallejo, 200 Georgia Street, Vallejo, CA 94590-5930, (707) 648-4408, Fax: 707-648-5249, [email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City of Vallejo's Housing and Community Development (HCD) Department takes the lead in implementing its affordable housing and community development strategy for Vallejo. The HCD Department is responsible for administering and delivering the City's Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, and Neighborhood Stabilization Program (NSP), as well as affordable housing set-aside funding and projects by the Housing Authority of the City of Vallejo as the Housing Successor Agency (formerly Vallejo Redevelopment Agency). Affordable housing projects and developments are typically completed through partnerships with non-profit and for-profit housing developers.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
City of Vallejo employees in the HCD Department staff the Housing Authority of the City of Vallejo (HACV), which administers the Housing Choice Voucher (HCV), Project-Based Voucher, Family Self- Sufficiency (FSS), Veterans Affairs Supportive Housing (VASH), and HCV Homeownership Programs. The City may partner with a non-profit agency, such as the Community Housing Development Corporation (CHDC), which is also a HOME Program-qualified Community Development Housing Organization (CHDO), to complete affordable housing projects. CHDC is also certified by the U. S. Department of Housing and Urban Development (HUD) as a housing counseling agency, and provides renter and homebuyer education and counseling to Vallejo residents. The HACV and social service agency partners share and target supportive services where possible on behalf of FSS Program participants.
In January 2024, non-profit affordable housing and social service agencies were invited to submit CDBG Program and HOME Program funding proposals to the City that would address the high priority affordable housing and community development needs in Vallejo identified in the Consolidated Plan.
The HCD Commission, an advisory body appointed by the City Council, provided significant input into how these funds will be allocated in FY 2024-25.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City's Assistant to the City Manager sits on the Continuum of Care (CoC) Board for Solano County.
The agency, called Housing First Solano, is a coalition of service providers in Solano County working together to end homelessness. The City of Vallejo's Vice Mayor serves on the governing board of the Community Action Partnership of Solano ("CAP Solano"), a Joint Powers Authority (JPA). These entities Annual Action Plan
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help to support Vallejo's ongoing work addressing homeless and safety net service needs. The City will continue to work with Housing First Solano and CAP Solano JPA to develop projects, programs, and supportive services as necessary to maintain a seamless continuum of care for the homeless. City staff will provide technical assistance when appropriate to the CoC and the JPA to strengthen capacity, identify and secure resources, and assist social service agencies to access resources to carry out the activities proposed in the FY 2024-25 Annual Action Plan.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Each year, CAP Solano JPA receives housing project proposals for the homeless. including proposals for permanent housing, transitional housing, and supportive services. HUD funds many of these activities on a competitive and then ongoing basis. For the last several years, Solano County has been successful in securing funding from HUD, the State, and private sources for homeless assistance centers, transitional housing, supportive services, and permanent housing. The City of Vallejo has been an active and participating member of the Solano County CoC since its inception, and the City's Assistant to the City Manager serves on the CoC Board. This participation informs the City's choice of priority needs and its funding allocation decisions.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Annual Action Plan
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Advocates of Northern California
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Provided comments to assist the City in
addressing fair housing issues.
Identify any Agency Types not consulted and provide rationale for not consulting This section is not applicable; therefore, there are no comments in this section.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care City of Vallejo
Housing Element
The City's Housing Element has been updated through 2023; certain affordable housing goals are the same as the HCD Department's goals.
City of Vallejo
Housing Strategy
HCD Division, City of
Vallejo
A Housing Policy for all income groups was adopted by the City Council in 2020; certain affordable housing goals are the same as the HCD Department's goals, including expanding resources for the homeless population.
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
Annual Action Plan
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There are no additional comments in this section.
Annual Action Plan
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting
Three public hearings and three written comment periods were scheduled during FY 2023-24 (July 1, 2023 through June 30, 2024), pre- and post-drafting of the FY 2024-25 Annual Action Plan. One comment was received at the February 1, 2024 public hearing on needs. The comment received at the February 1, 2024 hearing was consistent with the priorities in the adopted Consolidated Plan. No written comments were received for the three public hearings.
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Citizen Participation Outreach
Sort
Order
Mode of O
utreach
Target of
Outreach
Summary of
response/at
tendance
Summary o
f
comments
received
Summary of
comments
not accepted
and reasons
URL (If applicable)
1 Public
Hearing
Minorities
Non-
English
Speaking -
Specify
other
language:
Spanish,
Tagalog
Non-
targeted/b
road
communit
y
A member
of the
public
discussed
scale and
access to
affordable
housing,
and
developing
a program
to utilize
skilled
homeless
community
members
for
employme
nt.
Annual Action Plan
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Sort
Order
Mode of O
utreach
Target of
Outreach
Summary of
response/at
tendance
Summary o
f
comments
received
Summary of
comments
not accepted
and reasons
URL (If applicable)
2 Newspape
r Ad
Minorities
Non-
English
Speaking -
Specify
other
language:
Spanish,
Tagalog
Non-
targeted/b
road
communit
y
Annual Action Plan
2024
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Sort
Order
Mode of O
utreach
Target of
Outreach
Summary of
response/at
tendance
Summary o
f
comments
received
Summary of
comments
not accepted
and reasons
URL (If applicable)
3 Internet
Outreach
Minorities
Non-
English
Speaking -
Specify
other
language:
Spanish,
Tagalog
Non-
targeted/b
road
communit
y
https://www.cityofvallejo.net/city_hall/departments___divi sions/housing___community_development
Table 4 – Citizen Participation Outreach
Annual Action Plan
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In FY 2024-25, the City anticipates to receive $1,007,083 in CDBG Program funds from HUD and is expecting $5,000 as program income. CDBG Program funds will be used by the City for public facility improvements, social services, and program administration.
On June 12, 2024, the City was informed that HUD has approved the City's Voluntary Grant Reduction (VGR) request in response to the repayment of HOME Program funds used for the development of Blue Oak Landing (Sacramento Street Apartments Project). HUD will be reducing the City's FY 2024-25 HOME Program funds to zero as part of the VGR. The City will utilize prior year HOME Program unexpended Annual Action Plan
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balances to fund future eligible HOME projects. The City is expecting $100,00 in HOME Program income for FY 2024-25.
HOME Program funds will be used for a reservation of funds for a CHDO project, permanent supportive housing, and program administration.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 1,007,083 5,000 529,361 1,541,444 1,000,000 Public facility improvements,
social services, and program
administration.
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Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA 0 100,000 2,128,266 2,228,266 500,000
CHDO reserve, permanent
supportive housing, program
administration, and non-federal
match.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
Funding sources that will be used to implement the Annual Action Plan include but are not limited to: (1) Housing Choice Voucher Program funds for rental assistance, (2) prior HOME Program funds for permanent supportive housing, (3) private, State, and other federal funds to enable non- profit agencies to provide emergency shelter, supportive services, and transitional housing for homeless persons and persons with special needs, and (4) CDBG Program funds for social services to meet basic human needs.
HOME Program funds that are used for project (non-administrative) costs will be matched by local sales tax and Housing Successor Agency funds.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Vallejo has started construction of a public facility that will be used as a homeless navigation center for homeless persons, a crucial step forward in tackling homelessness within our community. The site located at 1937 Broadway Street was purchased by the City in FY 2022-23. a crucial step forward in tackling homelessness within our community. Construction of the Navigation Center is expected to be complete in December 2024, weather permitting, with occupancy shortly thereafter.
Discussion
Serving as a central hub for the unhoused community, the Navigation Center represents a holistic approach, providing vital services and shelter to combat homelessness in Vallejo and Solano County.
With a capacity of 125 shelter beds, the center will deliver thorough case management services and access to social and medical resources. Additionally, individuals will be able to engage in job training programs, empowering them with the necessary skills to obtain and sustain permanent housing.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Permanent
Supportive Housing
2020 2024 Affordable Housing South Vallejo
Central City
Country Club
Crest
Eastern City
Vallejo
Heights
Affordable
Housing
HOME: $0 Rental units constructed:
45 Household Housing
Unit
2 Homeless
Navigation Center
2020 2023 Homeless South Vallejo
Central City
Country Club
Crest
Eastern City
Vallejo
Heights
Community
Development
CDBG:
$659,666
Other: 125 Other
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Social Services 2020 2024 Non-Housing
Community
Development
South Vallejo
Central City
Country Club
Crest
Eastern City
Vallejo
Heights
Community
Development
CDBG:
$150,000
Other: 1250 Other
4 Non-Homeless
Special Needs
Services
2020 2024 Non-Homeless
Special Needs
South Vallejo
Central City
Country Club
Crest
Eastern City
Vallejo
Heights
Affordable
Housing
Community
Development
CDBG:
$202,417
HOME:
$10,000
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Permanent Supportive Housing
Goal
Description
The City will work toward the completion of a new permanent supportive housing project, providing rental units to homeless persons. The City plans to allocate prior year uncommited funds, estimated to be $2,128,266.10, to this project.
Annual Action Plan
2024
19 OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Goal Name Homeless Navigation Center
Goal
Description
The City will complete the construction of a homeless navigation center in FY 2024-25. The Vallejo Navigation Center will be a "one-stop-shop" that will provide services and shelter critical to helping address homelessness. The center will offer 125 shelter beds for six months and provide individual case management, connecting people to social, and medical services. The City plans to allocate prior year uncommited funds, estimated to be $529,361.13, to this project. 3 Goal Name Social Services
Goal
Description
The City will allocate CDBG Program funds to non-profit organizations providing social (public) services. 4 Goal Name Non-Homeless Special Needs Services
Goal
Description
This annual goal is actually Program Administration for CDBG and HOME to match AP-38. There is no "Program Administration" in the drop-down menu of Strategic Plan Goal.
Annual Action Plan
2024
20 OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
Under the City's CDBG Program for FY 2024-25, the City of Vallejo will fund construction of a homeless navigation center, social services, and program administration. With FY 2024-25 HOME Program funds, the City will allocate funding to a future permanent supportive housing project, the reservation of CHDO funds for a future affordable housing project, and program administration.
Projects
# Project Name
1 Program Administration
2 Public Services
3 CHDO Project
4 Navigation Center
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City's funding allocations proposed for FY 2024-25 are consistent with the priority needs in the Five- Year Consolidated Plan.
Other than the need for additional funding in some instances, the City does not anticipate any significant obstacles in addressing underserved needs in FY 2024-25.
Annual Action Plan
2024
21 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
Annual Action Plan
2024
22 OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name Program Administration
Target Area South Vallejo
Central City
Country Club Crest
Eastern City
Vallejo Heights
Goals Supported
Needs Addressed
Funding CDBG: $202,416
Description
Target Date 6/30/2025
Estimate the number and type of families that will benefit from the proposed activities
Location Description
Planned Activities
2 Project Name Public Services
Target Area South Vallejo
Central City
Country Club Crest
Eastern City
Vallejo Heights
Goals Supported Social Services
Needs Addressed
Funding CDBG: $150,000
Description
Target Date 6/30/2025
Estimate the number and type of families that will benefit from the proposed activities
Location Description
Planned Activities
Project Name CHDO Project
Annual Action Plan
2024
23 OMB Control No: 2506-0117 (exp. 09/30/2021)
3 Target Area South Vallejo
Central City
Country Club Crest
Eastern City
Vallejo Heights
Goals Supported Permanent Supportive
Housing
Needs Addressed
Funding :
Description
Target Date
Estimate the number and type of families that will benefit from the proposed activities
Location Description
Planned Activities
4 Project Name Navigation Center
Target Area
Goals Supported
Needs Addressed
Funding CDBG: $659,666
Description
Target Date
Estimate the number and type of families that will benefit from the proposed activities
Location Description
Planned Activities
Annual Action Plan
2024
24 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City's affordable housing and community development projects and services will be made available City-wide. Many program participants and beneficiaries reside in neighborhood target areas. However, in FY 2024-25, the City will not prioritize program assistance by target area, or to areas of minority concentration. Eligibility for services or projects on a direct or indirect basis will be determined by a household's annual income.
Geographic Distribution
Target Area Percentage of Funds
South Vallejo 0
Central City 0
Country Club Crest 0
Eastern City 0
Vallejo Heights 0
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically This section is not applicable.
Discussion
In FY 2024-25, the City will not prioritize program or project assistance by target area. The City has not identified any areas of poverty or minority concentration.
Annual Action Plan
2024
25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
One Year Goals for the Number of Households to be Supported Homeless 125
Non-Homeless 1,250
Special-Needs 125
Total 1,500
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through Rental Assistance 1,725
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 1,725
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
The City will rely on its Housing Authority, and non-profit agencies, to accomplish its housing goals in FY 2024-25.
Annual Action Plan
2024
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-60 Public Housing – 91.220(h)
Introduction
This section is not applicable, as the Housing Authority of the City of Vallejo does not own, administer, or manage any public housing units.
Actions planned during the next year to address the needs to public housing This section is not applicable, as the Housing Authority of the City of Vallejo does not own, administer, or manage any public housing units.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
This section is not applicable, as the Housing Authority of the City of Vallejo does not own, administer, or manage any public housing units.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the City of Vallejo was not designated as a troubled housing authority.
Discussion
This section is not applicable, as the Housing Authority of the City of Vallejo does not own, administer, or manage any public housing units.
Annual Action Plan
2024
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The responses to this section are shown below.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will establish a public facility to be used as a Navigation Center to assess and address the needs of homeless persons.
Addressing the emergency shelter and transitional housing needs of homeless persons The Navigation Center, when completed, will include shelter services for homeless, unsheltered persons.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will allocate HOME Program funds for the completion of a new permanent supportive housing project (rental units) for homeless persons.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City and the its Housing Authority will coordinate services and referrals where appropriate with (1) Fighting Back Partnership, a non-profit agency, through its Family Resource Centers, and (2) Global
Annual Action Plan
2024
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
Center for Success, a non-profit organization that provides supportive services to homeless persons.
Discussion
The City intends to address the needs of homeless persons with permanent supportive housing.
Annual Action Plan
2024
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City of Vallejo Housing Element for the period 2015-23 states that the City's land use controls offer limited options for the construction of affordable housing. However, the City controls where housing may be constructed. The City may allow density bonuses for the provisions of affordable housing units for families and individuals, and for senior housing units.
A Housing Strategy for all income groups in Vallejo was adopted by the City Council in 2020, which includes a strategy for addressing the need for additional affordable housing, and expanding resources for the homeless population.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The cost of public facility improvements will be supported by the City's CDBG Program and other funds obtained by the City, to construct and open a navigation center for homeless persons. The City will provide expedited California Environmental Quality Act (CEQA) review for larger housing projects that are within a Specific Plan Area. The State of California Senate Bill 35 (SB35) review and approval process will be used for affordable housing projects where possible.
Discussion:
In FY 2024-25, the City will provide additional support for the completion of the construction of a navigation center for homeless persons.
Annual Action Plan
2024
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:
The responses to this section are provided below.
Actions planned to address obstacles to meeting underserved needs The primary obstacle to meeting underserved needs is related to a lack of sufficient funding to complete and implement activities that are needed, and to expand needed programs. Therefore, no actions are planned in this area.
Actions planned to foster and maintain affordable housing Using a variety of funding sources, in FY 2024-25 the City will continue to seek opportunities to establish increased affordable rental and owner-occupied housing.
Actions planned to reduce lead-based paint hazards
Lead-based paint hazard educational materials, inspections, and referrals will be made available when necessary to Housing Authority-assisted Housing Choice Voucher holders, as well as participating and prospective rental housing owners, and if applicable, to prospective first-time homebuyer, housing rehabilitation, and paint grant recipients.
Actions planned to reduce the number of poverty-level families The City recognizes the need to prioritize anti-poverty efforts, and will continue to support existing programs in FY 2024-25. Family self-sufficiency programs with supportive services will continue to be a key component of the City's anti-poverty strategy. Coordination with social service agencies that administer programs such as Child Start, assistance to families in crisis, and similar social services will be necessary to prevent duplication of effort, and to ensure a maximum of opportunities for extremely low- income and very low-income persons, (at 0 to 50 percent). The City will facilitate projects to meet community needs, which may help reduce the number of households in Vallejo living in poverty.
Actions planned to develop institutional structure
To carry out the FY 2024-25 Annual Action Plan, the City has an existing institutional structure that is already well-developed and strong, through a network of government agencies, non-profit agencies, and private organizations.
Actions planned to enhance coordination between public and private housing and social
Annual Action Plan
2024
31 OMB Control No: 2506-0117 (exp. 09/30/2021)
service agencies
A total of approximately $6.2 million over a three-year period has been provided to the City by three different health care providers to support the operation of a navigation center for homeless persons, once it is completed.
Discussion:
The City has been successful in leveraging funds from health care partners, the State of California, and the federal government to address the needs of unsheltered homeless persons. The City will also support social service providers with its CDBG Program funds that work to reduce the number of households living in poverty.
Annual Action Plan
2024
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
The City will reserve HOME Program funds for a qualified CHDO, as required by regulation; and adhere to the HOME Program non-federal match requirement for project costs.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
Annual Action Plan
2024
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
as follows:
The City will have no other forms of investment beyond those identified in Section 92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The City of Vallejo's HOME Program Recapture Policy is attached.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
The recapture provision will be used, and it will be codified and recorded against the property through an Affordability Agreement not to exceed fifteen years in any circumstance.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City will not use HOME Program funds in FY 2024-25 to refinance existing debt.
5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).
7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR
92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
Annual Action Plan
2024
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
There are no additional comments for this section.
Annual Action Plan
2024
35 OMB Control No: 2506-0117 (exp. 09/30/2021)
CITY OF VALLEJO
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BUDGET FISCAL YEAR (FY) 2024-25
CDBG, FY 2024-25 Amount
Revenue
Entitlement 1,007,083
Program Income (Projected) 5,000
Total Revenue 1,012,083
Expenditures (Projected)
Administration
City Program Administration 202,417
(101-2102-463.xx-xx)
Projects
Public Services
Fair Housing Advocates of Northern California - 43,000
Fair Housing Education and Enforcement Project
Faith Food Fridays - Food Pantry Services 20,000
House of Acts - Transitional Housing Services Program 36,839 Lighthouse Covenant Fellowship - Unhoused Shower Outreach 50,161 Subtotal, Social Services 150,000
Public Facilities 659,666
Subtotal, Projects 809,666
Total Expenditures 1,012,083
CITY OF VALLEJO
HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM BUDGET
FISCAL YEAR (FY) 2024-25
HOME, FY 2024-25 Amount
Revenue
Entitlement (Projected) -
Program Income (Projected) 100,000
Total Revenue 100,000
Expenditures (Projected)
Administration
City Program Administration 10,000
(102-2101-463.xx-xx)
Projects
CHDO Project (To Be Determined) -
Affordable Housing Project -
Subtotal, Projects -
Total Expenditures 10,000
CONSENT CALENDAR 8.K.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer and IT Director SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO APPROVING A
MASTER CUSTOMER AGREEMENT AND FIRST AMENDMENT THERETO WITH ZAYO
GROUP LLC FOR THE PROVISION OF BROADBAND BANDWIDTH SERVICES FOR
VALLEJO MUNICIPAL FIBER NETWORK FOR RESALE TO ITS CUSTOMERS IN AN AMOUNT NOT TO EXCEED $205,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a Master Customer Agreement and First Amendment thereto with Zayo Group LLC for the provision of broadband bandwidth services to the City of Vallejo for the purpose of resale to its retail municipal fiber customers in an amount not-to-exceed $205,000, and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The City of Vallejo has a robust underground municipal fiber network. The underground conduit network was installed in the mid-nineties and connects all 130 traffic signal intersections throughout the city. The underground conduit network spans over 44 linear miles. It is the desire of the Vallejo City Council to create a municipal fiber network that can be used to deliver broadband internet services to our retail and residential customers. More details are in the background and discussion section of the staff report.
BACKGROUND AND DISCUSSION
In the past 4 years, the Vallejo City Council has allocated $3 million dollars from the two ARPA (American Rescue Plan Act) tranches towards building and expanding the municipal fiber network. In May 2022, the Vallejo City Council adopted a new Broadband & Digital Equity Strategy 2022. The Broadband & Digital Equity Strategy recommends that Vallejo continue its expansion of the municipal fiber network and create a community-based network that can deliver high speed broadband internet services. The community-based municipal fiber network will serve new and existing businesses and will also focus on addressing the digital divide that exists in our community.
In order to create a community-based municipal fiber network, high speed bandwidth from carriers must be procured. The city has selected Zayo Group LLC to procure a 10 gigabit internet service that gets distributed to the customers subscribed to Vallejo's community-based municipal network. This is a monthly service and the City has the right to cancel with a 90-day notice. The service is brought in from Oakland and gives Vallejo direct access to a 10 gigabit retail class internet service that is ready for distribution. The city wishes to lock down a 60-month contract in order to secure a fixed price for the monthly recurring charges. The financial impact section of the staff report below further lists charges and identifies the sources of funds.
FISCAL IMPACT
The cost and funding sources of the monthly recurring charges for the 10 gigabit service are detailed below:
Date: June 25, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO APPROVING A
MASTER CUSTOMER AGREEMENT AND FIRST AMENDMENT THERETO WITH
ZAYO GROUP LLC FOR THE PROVISION OF BROADBAND BANDWIDTH
SERVICES FOR VALLEJO MUNICIPAL FIBER NETWORK FOR RESALE TO ITS CUSTOMERS IN AN AMOUNT NOT TO EXCEED $205,000 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
Year Service Cost/Year (Includes Taxes) Fund Source
24-2025 10 Gigabit Internet Service $39,000 ARPA
25-2026 10 Gigabit Internet Service $39,000 ARPA
26-2027 10 Gigabit Internet Service $39,000 Fiber Enterprise Fund 27-2028 10 Gigabit Internet Service $39,000 Fiber Enterprise Fund 29-2029 10 Gigabit Internet Service $39,000 Fiber Enterprise Fund 2024-2029 Contingency Expenses $10,000 Fiber Enterprise Fund
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting 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 Approving Zayo Contract For Fiber Bandwith CAO Stamp
2. Zayo-Master-Customer-Agreement-First-Amendment-06-13-2024 CAO Stamp
3. City of Vallejo - Zayo Renewal SO 2345205
CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
RESOLUTION NO. 24-_____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A 60-MONTH MASTER CUSTOMER AGREEMENT AND FIRST
AMENDMENT THERETO WITH ZAYO GROUP LLC FOR THE PROVISION OF
BROADBAND BANDWIDTH SERVICES FOR VALLEJO MUNICIPAL FIBER
NETWORK FOR RESALE TO ITS CUSTOMERS IN AN AMOUNT NOT-TO-EXCEED $205,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, Vallejo owns a robust underground conduit network that connects 130 city intersections and traffic signals. the underground network spans over 44 linear miles and was installed in the mid-nineties; and
WHEREAS, May 2022, Vallejo City Council adopted a Broadband & Digital Equity Strategy 2022; and
WHEREAS, it is the desire of Vallejo City Council as per directions in Broadband & Digital Equity Strategy 2022 to continue to expand the underground municipal fiber network; and WHEREAS, it is the desire of Vallejo City Council to create a community-based municipal fiber network for the benefits of its residents, retail small/large, and new businesses to increase competition in the internet service provider space; and WHEREAS, information technology department has selected Zayo Group LLC to bring high- speed broadband bandwidth into the city; and
WHEREAS, the high-speed broadband bandwidth is purchased on a month-to-month basis and then redistributed to subscribers on the municipal fiber network. The 60-month agreement guarantees the price for the duration of the contract with the option cancel with 90-day notice.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Master Customer Agreement and First Amendment thereto with Zayo Group LLC for the provision of broadband bandwidth services for Vallejo municipal fiber network for resale to its customers in an amount not to exceed $205,000 and authorizing 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:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
FIRST AMENDMENT
TO
MASTER CUSTOMER AGREEMENT
This First Amendment to the Master Customer Agreement (this “First Amendment”), made as of June 13, 2024 (“First Amendment Effective Date”) is by and between City of Vallejo , a USA/California city (“Customer”) and Zayo Group, LLC, a Delaware limited liability company (“Zayo”, and together with Customer, the “Parties”). All terms used but not defined herein shall have the meaning ascribed to them in the Agreement (as defined below).
RECITALS
WHEREAS, Zayo and Customer entered into a Master Customer Agreement dated January 21, 2022 (the "MC A" together with all other attachments thereto shall hereinafter be referred to as the “Agreement”) pursuant to which Zayo provides certain Services to Customer; and
WHEREAS, Zayo and Customer desire to amend the Agreement as set forth below.
NOW, THEREFORE , in consideration of the mutual promises and covena nts hereinafter contained, the Parties hereto agree as follows:
1. Confidentiality. 5.1 of the MCA shall be deleted in its entirety and replaced with the following:
Subject to disclosures required by law, Information or documentation exchanged between the Parties in performing this Agreement, including the terms of this Agreement, are subject to the terms of any non- disclosure agreement in effect between the Parties, and if none, neither Party will disclose Confidential Information to third parties (other than to vendors, if and as needed to perform under this Agreement) without the express consent of the other Party. Each Party will limit disclosure and access to Confidential Information to those of its employees, vendors, or other representatives who reasonably require such access to perform under this Agreement and who are subject to confidentiality obligations at least as restrictive as those required herein. “Confidential Information” means any information disclosed by one Party to the other in connection with the Agreement, including any terms of this Agreement and does not include information that: (i) is in dependently developed by the receiving Party, (ii) is lawfully received by the receiving Party free of any obligation to keep it confidential, or (iii) becomes generally available to the public other than by breach of this Agreement.
2. Governing Law; Venue; Prevailing Party. 5.4 of the MCA shall be deleted in its entirety and replaced with the following:
The Agreement shall be governed by and construed in accordance with the laws of California, without giving effect to any conflict of law principles. Venue arising under the Agreement shall be Solano County, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If suit is brought or an attorney is retained by either party to enforce the terms of the Agreement or to collect any money as due hereunder or to collect any money damages for breach hereof, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and related expenses incurred in connection therewith.
2 3. Entire Agreement. Except as modified hereby, the Agreement shall remain in full effect, and the Agreement, as amended hereby, shall be binding upon Zayo and Customer and their respective successors and assigns.
4. Conflicts. If any inconsistency exists or arises between the terms of this First Amendment and the terms of the Agreement, the terms of this First Amendment shall prevail.
5. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. Emailed signatures shall have the same binding effect as original signatures.
6. Authority of Signatories. The person executing this Fir st Amendment on behalf of both P arties represent and warrant that (a) the execution and delivery of this First Amendment is duly authorized, (b) he or she is authorized to execute and deliver this First Amendment, and (c) this First Amendment is the valid and binding obligation, enforceable in accordance with its terms.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the day and year first above written.
Zayo Group, LLC
By: __________________________
Name: ________________________
Title: _________________________
City of Vallejo
By: __________________________
Name: ________________________
Title: _________________________
Master Customer Agreement (Ver. 2.9.2021)
Confidential and Proprietary Page 1 of 3
MASTER CUSTOMER AGREEMENT
This Master Customer Agreement (“MCA”) is effective as of 01 21 , 20 22 (“Effective Date”) between Zayo Group, LLC, a Delaware limited liability company, with an address of 1821 30 th Street, Unit A, Boulder, CO 80301 (collectively “ Zayo” and each entity controlled by, controlling or under common control with Zayo, a “ Zayo Affiliate”) and City of Vallejo, a U.S.A/California City of Vallejo with an address of 555 Santa Clara Street Vallejo, CA 94590 (“Customer”). Zayo and Customer each may be referred to herein as a “ Party” and collectively as the “Parties”.
ARTICLE 1 - GENERAL
1.1 Agreement Structure. This MCA provides general terms and conditions under which Customer may from time to time purchase access to and utilization of selected portions of the Zayo fiber network and associated infrastructure (" Access") and certain related telecommunications and infrastructure services (“Services”) from Zayo. Terms and conditions tha t apply to Access and to each type of Service are set forth in customer schedules (each a “Customer Schedule”). This MCA, applicable Customer Schedules, and Customer Orders are collectively the “Agreement”. Any part of the Agreement may be entered into and performed by any Zayo Affiliate, including those authorized to provide Access or Services in any country or jurisdiction.
1.2 Orders for Access and/or Services . Customer may request that Zayo provi de Access and/or Services by submitting a customer order in a form provided by Zayo (“Customer Order”). Customer is responsible for the accuracy of all information that it provides to Zayo. Customer Orders shall set forth the term, pricing, Access and Serv ice type and location(s), monthly recurring charge (“ MRC”), non-recurring charge (“ NRC”) and any additional terms applicable to the Access and/or Services. All Customer Orders are subject to availability and acceptance by Zayo, and are governed by this Agreement.
1.3 Term. The term of each Customer Order shall commence on the Activation Date (as defined in the applicable Customer Schedule) for such Access and/or Service and continue for the period of time specified in that Customer Order. Thereafter, the term shall automatically renew for one year periods (collectively, the “ Order Term”) until terminated by either Party upon at least 90 days written notice prior to the end of the Order Term. Customer is responsible for payment to Zayo for the Access an d Services to be terminated through the end of the 90 day notice period. The term of the Agreement is coterminous with the longest Order Term hereunder.
1.4 Order of Precedence . In the event of an express conflict between terms in the Agreement, prec edence will be given, as applicable, in the following order: (a) the Customer Order, but solely with respect to the Services covered by such Customer Order (b) the Customer Schedule, but solely with respect to the Services covered by such Customer Schedule, and (c) the MCA.
ARTICLE 2 - PAYMENT TERMS
2.1 Invoicing and Payment Terms. Zayo commences billing and Customer shall be liable for payment upon the Activation Date.
Zayo will provide Customer with a monthly itemized invoice for the Access and Serv ices together with all other charges due. Customer shall pay to Zayo all amounts due in full, without offset or reduction, within 30 days from the date of the invoice (“ Due Date”). Invoice amounts not paid on or before the Due Date shall bear interest at t he rate of one and one -half percent per month or the highest lawful rate, whichever is lower. Unless otherwise stated in the Agreement, Zayo invoices NRCs upon acceptance of a Customer Order.
2.2 Invoice Disputes. If Customer reasonably disputes any portion of an invoice, Customer shall timely pay all undisputed amounts and shall notify Zayo in writing and provide detailed documentation supporting its dispute by the Due Date or Customer’s right to any billing adjustment shall be waived. If the dispute is resolved against Customer, Customer shall pay such amounts due plus interest, as set forth in Section 2.1 above, from and after the Due Date.
2.3 Taxes and Other Fees and Surcharges. Excluding taxes based on Zayo’s net income, Customer shall be responsible for all Taxes (defined below) and Other Fees and Surcharges (defined below) arising in any jurisdiction imposed on or incident to the provision, sale or use of Access or Services, including but not limited to value added, consumption, sales, u se, gross receipts, foreign withholding (which will be grossed up), excise, access and bypass (collectively “Taxes”) and any property, franchise, rights of way, license or permit, regulatory or other taxes, duties, fees, charges or surcharges (collectively “Other Fees and Surcharges”), imposed on Zayo, Customer or a Customer’s end user s. Charges for Access and Services are exclusive of any Taxes and Other Fees and Surcharges. Taxes and Other Fees and Surcharges may be recovered through imposition of a percentage surcharge on the charges for Access and Services to Customer. Customer may p resent Zayo with a valid exemption certificate (in a form reasonably acceptable to Zayo) eliminating Zayo’s liability to pay certain Taxes and Other Fees and Surcharges; Zayo will give effect thereto prospectively.
DocuSign Envelope ID: B03C1EDF-CB09-4D3C-AAE6-6D6F3415C62D Master Customer Agreement (Ver. 2.9.2021)
Confidential and Proprietary Page 2 of 3
ARTICLE 3 - DEFAULT
If Customer fails to make any payment due under the Agreement by the Due Date, and such failure continues for five days after receiving notice of the failure to make payment, or if a Party fails to cure any material breach of any term of the Agreement within 30 days of receiving notice of the breach from the other Party, then the non -breaching Party may: (a) terminate the Agreement in whole or in part and (b) subject to the liability limitations stated herein, pursue any available remedies at law or in equity.
ARTICLE 4 - LIABILITIES
4.1 Damage Limitations . Except for indemnity oblig ations arising under Section 4.4 or confidentiality obligations arising under Section 5.1: (i) Zayo’s total liability for any and all causes and claims whether based in contract, warranty, tort or otherwise shall be limited to the lesser of (a) the actual direct damages sustained by Customer in connection with the affected Customer Order and affected Access or Service, or (b) an amount equivalent to the total MRC payable by Customer over the preceding three months for the Access or Service affected or if the claim arises prior to the Activation Date, an amount equivalent to the total MRC payable by Customer for t he first three months of the Order Term. Notwithstanding anything to the co ntrary, Customer’s sole and exclusive remedy for any non -performance, defect or failure to deliver the Access or Service are the performance credits and/or other remedies expressly stated in the relevant Customer Schedule, and (ii) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY DAMAGES FOR LOST PROFITS,
LOST REVENUES, LOSS OF GOODWILL, LOSS OF DATA, ANTICIPATED SAVINGS OR COST OF PURCHASING REPLACEMENT
SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THE AGREEMENT.
4.2 No Warranty. ZAYO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR
BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTAB ILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
4.3 No Liability for Certain Actions . Zayo exercises no control over and is not responsible for the content of any information transmitted or received through the use of the Access or the Services. Other than as expressly stated in the Agreement, Customer shall be solely responsible for all of the security and confidentiality of information it transmits using the Access or Service.
4.4 Indemnification. Each Party (an “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party, its directors, officers, employees, agents, contractors, successors and assigns (“Indemnified Party”) harmless from and against all losses, damages, costs, expenses and liabilities (including reasonable attorney’s fees and expenses) incurred by such Indemnified Party arisin g from any third party claims relating to: (i) any physical damage to tangible pr operty, or personal injury or death, or (ii) infringement or misappropriation of such third party’s intellectual property right, in each case caused by the gross negligence or willful misconduct of the Indemnifying Party, provided, however, that Zayo is not obligated to indemnify Customer, and Customer shall defend and indemnify Zayo as an Indemnified Party, for any claims or actions commenced by any third party, including end users, arising from or in conn ection with goods or services provided by Customer that incorporate any of the Access or Services.
ARTICLE 5 – MISCELLANEOUS PROVISIONS
5.1 Confidentiality. Information or documentation exchanged between the Parties in performing this Agreement, including the terms of this Agreement, are subject to the terms of any non-disclosure agreement in effect between the Parties, and if none, the Parties agree to keep any such information which is of a confidential nature confidential and not disclose such information to third parties (other than to vendors, if needed to perform under this Agreement).
5.2 Force Majeure. Neither Party shall be liable, nor shall any credit allowance or other remedy be extended, for any failure or hindrance of performance hereunder due to causes beyond its reasonable contro l. The Party claiming relief under this Section shall notify the other Party of the occurrence or existence of the event and of the termination of such event.
5.3 Subject to Laws. Each Party is responsible for complying with laws and regulations applicable to it, including but not limited to applicable: (a) federal, state and local laws; (b) regulations, rulings and orders of government agencies; (c) data protection legislation; (d) laws, statutes, regulations and codes relating to anti-bribery and anti-corruption; and (e) import, export and economic sanction laws and regulations. Neither Party shall use the Access or Services for any unlawful purposes.
5.4 Governing Law; Venue; Prevailing Party. The Agreement shall be governed by and construed in accordance with the laws of Colorado, without giving effect to any conflict of law principles. Venue arising under the Agreement shall be Denver, Colorado. The United DocuSign Envelope ID: B03C1EDF-CB09-4D3C-AAE6-6D6F3415C62D Master Customer Agreement (Ver. 2.9.2021)
Confidential and Proprietary Page 3 of 3
Nations Convention on Contracts for the International Sale of Goods does not apply. If suit is brought or an attorney is retained by either party to enforce the terms of the Agreement or to collect any money as due hereunder or to collect any money damages for breach hereof, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and related expenses incurred in connection therewith.
5.5 Notices. Notices under this MCA shall be in writing and delivered by electronic mail or certified mail, return receipt requested, or by a nationally recognized courier to the persons whose names and business addresses appear below, and such notice shall be effective on the date of receipt, or refusal of delivery, by the receiving Party. In lieu of the foregoing notice requirement, if Customer is disconnecting Access or discont inuing Service(s) of any type for any reason, Customer must submit the disconnection request through the form located at https://www.zayo.com/disconnectservice/ If to Zayo:
Zayo Group, LLC
Attn: General Counsel, Legal
1821 30th Street, Unit A
Boulder, CO 80301
Email: [email protected]
Billing Disputes:
Zayo Group, LLC:
Attn: Accounts Receivable
1821 30th Street, Unit A
Boulder, CO 80301
Email: [email protected]
If to Customer:
City of Vallejo
Attn: Naveed Ashraf
555 Santa Clara Street
Vallejo, CA 94590
Email: [email protected]
(if this “Customer” section is left blank, notice shall be deemed effective if delivered to Customer’s registered
office address or the last Customer address provided
to Zayo by Customer)
5.6 Assignment. Neither Party shall transfer or assign, voluntarily or by operation of law or otherwise, its obligations under the Agreement without the prior written consent of the other party, except no such consent shall be required in the event of a merger, reorganization, consolidation or sale of substantially all of the Party’s assets or business in which case the assigning party shall provide notice to the non-assigning Party; provided, however, that Customer may only transfer or assign under this provision if its account balance with Zayo is current. Zayo may assign in whole or in part the Agreement or any of its rights and obligations hereunder to any Zayo Affiliate without prior notice to Customer. The Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
5.7 No Third Party Beneficiaries; Relationship and Counterparts. The Agreement is not intended for, nor shall it be for the benefit of or enforceable by, any third party or person not a Party hereto, including without limitation, end users.
The Agreement does not create a partnership, joint venture or agency relationship between the Parties. Neither Party shall have any authority to bind the other Party to any agreement, understanding or other instrument, in any manner whatsoever.
The Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument.
The Agreement may be executed via a recognized electronic signature service and/or signed, scanned and emailed to Zayo, and any such signatures shall be treated as original signatures.
5.8 Entire Agreement; Amendment . The Agreement constitutes the entire and final agr eement and understanding between the Parties, expressed or implied, with respect to the Access and Services ordered after the Effective Date and supersedes all other prior or contemporaneous representations, understandings or agreements. No alteration or variation of the terms of any provision shall be valid unless made in writing and signed by the Parties. If any provision of the Agreement shall be held to be invalid or unenforceable, the remaining provisions of the Agreement shall be unimpaired and shall remain in effect and be binding upon the Parties. No course of dealing and no failure to exercise any right hereunder shall be construed as a waiver of any provision hereof.
ZAYO GROUP, LLC City of Vallejo
Signature: Signature:
Name: Name:
Title: Title:
Naveed Ashraf
Chief Innovation Officer & IT Director
DocuSign Envelope ID: B03C1EDF-CB09-4D3C-AAE6-6D6F3415C62D Jonathan Kilburn
VP & General Counsel LE
Order Form
Order Information
City of Vallejo City of Vallejo 37683
Rose Tullius (949) 681-6846 [email protected]
Renewal Order - 2345205
Order Details
Order Details
Order ID 2345205
Order Type Renewal
Order Term 60 months
Product DIA
Service 675164
Product Details
Product Category DIA
Bandwidth 10G
Bandwidth Type Standard
Circuit Id IDIA/334001//ZYO
Protection and Feature Details
Burstable IP Service No
Order Component(s)
SOC Type Term Address Port Handoff Sp Bandwidth Lateral A Handoff Loc Fib Path Div Local Network Protection Rate Limit Rate Limit to Initials Renewal 60
Redwood St & Couch
St/Fl-G/Rm-HH Vallejo, CA
94590
10GigE 10G One
(Single)
Singlemode
1550nm
ZX/ZR -
80km
No No N/A \SOF1\
Order Component(s)
Address In-Building Charges Conduit Riser Cable Cross Connect Customer LOC Space & Power New Customer Loc Device CFA Provided by Initials Redwood St & Couch
St/Fl-G/Rm-HH Vallejo,
CA 94590
Customer
Responsibility
Customer
Responsibility
Customer
Responsibility
Customer
Responsibility N/A No Zayo \SOF1\
Pricing
Product Service Item Desc Component Component Address Type Status Quantity Amount Items Total DIA Interface Port Charge SOC-0005099568
Redwood St & Couch
St/Fl-G/Rm-HH Vallejo CA
94590
MRC Active 1 USD 1,920.00 USD 1,920.00
DIA Additional IPv4 Address(es) - IPv4/24 SOC-0005099568 Redwood St & Couch
St/Fl-G/Rm-HH Vallejo CA
94590
MRC Active 1 USD 961.00 USD 961.00
DIA Connected IPv6 Address - IPv6/125 SOC-0005099568
Redwood St & Couch
St/Fl-G/Rm-HH Vallejo CA
94590
MRC Active 1 USD 0.00 USD 0.00
Monthly Recurring Charges Total: USD 2,881.00
Contract Details
Details
Governing MSA City of Vallejo MASTER CUSTOMER AGREEMENT 2022-01-21 Order Notes
Pricing on this Order Form expires if Order is not signed prior to July 13, 2024 Contracting Entity Billing Account Account
Number
Representative Phone Email
Expiration Date
MTM Renewal. The term of this Customer Order shall commence on the Activation Date and continue for the period of time specified in this Customer Order ("Initial Term"), and thereafter, shall automatically renew for one (1) month periods (collectively, with the Initial Term, the “Order Term”) until terminated by either Party upon at least ninety (90) days' written notice prior to the end of the Order Term. Customer shall continue to be responsible for payment to Zayo for the Offerings to be terminated through the end of the ninety (90) day notice period. After the Initial Term, the rates in this Customer Order will automatically increase from time to time to Zayo’s then-current month-to-month rates.
Additional Terms and
Conditions
Order ID(s): 2345205
Grand Total Costs
Service Item Desc Items Total
Monthly Recurring Charges Total: USD 2,881.00
Taxes and impositions As Invoiced²
Customer Contact Information:
Role(s) Name Phone Email
Billing Contact Naveed Ashraf (707) 648-4374 [email protected] Primary Naveed Ashraf +1 707-648-4374 [email protected] Signatures
Zayo Group LLC City of Vallejo
Signature:\s2\ Signature:\s1\
Printed Name:\n2\ Printed Name:\n1\
Date:\d2\ Date:\d1\
Title:\t2\ Title:\t1\
Terms and Conditions
1. Customer acknowledges that Customer is ordering the access and service(s) described above (“Offering”) from Zayo Group, LLC, and or its applicable affiliate or subsidiary (“Zayo”). This Customer Order shall be governed by and subject to the applicable contract documents between Customer and Zayo referenced above (collectively, the "Agreement”). If Customer has not executed an Agreement and/or no Agreement is referenced in this Customer Order, then this Customer Order shall be governed by the terms and conditions of Zayo’s Master Customer Agreement and applicable Customer Schedule in effect as of the date of this Customer Order, incorporated herein by this reference and available upon request. This Customer Order is subject to availability and shall only become binding upon acceptance by an authorized Zayo representative.
Customer acknowledges that upon Zayo’s acceptance, this Customer Order shall become a non-cancellable, binding obligation for the purchase of the Offering for the Offering Term stated above. By signing this Customer Order, Customer further acknowledges that it has read and understands the terms and conditions of this Customer Order and Customer’s signatory represents that he/she is authorized to sign this Customer Order on Customer’s behalf.
2. If Customer is discontinuing Offering (s) of any type for any reason, Customer must submit the disconnection request through the form located at https://www.zayo.com/disconnectservice/. For notice of disconnect to be effective, all information necessary for Zayo to complete the disconnect must be provided at time of request such as; Circuit ID, Customer ordered 3rd Party Cross Connect Vendor’s Disconnect Firm Order Commitment ("FOC") or the 3rd Party Cross Connect Vendor’s Disconnect Order Number. Failure to provide complete and accurate information may delay or impact Zayo's ability to process the disconnection request. Customers will be responsible for outstanding amounts due for Services through the actual date of termination, inclusive of any early termination charges, if applicable.
Proprietary and Confidential
CONSENT CALENDAR 8.L.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: AUTHORIZE THE COUNCIL BY MOTION TO APPROVE A PROCLAMATION RECOGNIZING THE RETIREMENT OF VALLEJO CITY UNIFIED SCHOOL DISTRICT’S
SUPERINTENDENT, WILLIAM SPALDING
RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation recognizing the retirement of Vallejo City Unified School District’s (VCUSD) Superintendent, William Spalding.
REASONS FOR RECOMMENDATION
The City of Vallejo has traditionally recognized the careers of long-time public servants who have made significant contributions in the City of Vallejo.
BACKGROUND AND DISCUSSION
This proclamation honors the 37 year career of VCUSD Superintendent William Spalding upon his retirement on June 30, 2024. The granting of this proclamation is consistent with the honors bestowed jointly by State Senator Bill Dodd and State Assemblymember Lori Wilson through RN 24 51934.
FISCAL IMPACT
None.
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. 06252024 PROCLAMATION HONORINGING WILLIAM SPALDING
CONTACT
Erik Rzomp, Executive Assistant to Mayor McConnell (707) 648-4377 [email protected]
CONSENT CALENDAR 8.M.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING: 1) AN AMERICAN RESCUE PLAN ACT GRANT
AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED BY CITY COUNCIL; AND 2) AN
AFFORDABLE HOUSING AGREEMENT AND COVENANT FOR THE BROADWAY
PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution Approving (1) an American Rescue Plan Act Grant Agreement with Firm Foundation Community Housing in the amount of $3,270,335 as previously allocated by City Council; and (2) an Affordable Housing Agreement and Covenant for the Broadway Project, and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
On May 28, 2024 City Council amended the budget to allocate $3,270,335 of remaining unspent ARPA funding towards the construction of the Broadway Project. Approving this item authorizes the City Manager to enter into a grant agreement for this allocation. Approval of the Affordable Housing Agreement and Covenant for the Broadway Project ensures the affordability of the Project for a term of 55 years and includes operational provisions.
BACKGROUND AND DISCUSSION
On May 10, 2022, the City of Vallejo, Firm Foundation Community Housing and Shelter Inc. were awarded a California Department of Housing and Community Development (HCD) Homekey Program (“Homekey”) Round 2 Grant of $11,621,866 to develop and build a permanent supportive housing project to house chronically homeless individuals. On June 10, 2022, the Council accepted the grant and amended the City’s budget to receive the grant. On June 14, 2022, the Council approved a resolution to appropriate Homekey Round 2 grant funding for the Broadway Project.
The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the Project is $26.64M. Construction began on September 19, 2022 and is anticipated to be completed in September 2024. Residents are expected to move in by December 31, 2024. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations. The Project will include 47 permanent supportive housing units (studios), an on-site case manager unit, a community room and courtyard. On-site wrap around services will be provided to facilitate connections to services, benefits, and community resources.
The project is currently 70% built and needs requested funding to finish the project.
On May 14, 2024, staff presented step one Notice of Intent to amend the fiscal year 2023-2024 budget in the amount of $6.15M for the Broadway Project in order to close the construction funding gap and complete the project within the designated HCD HOMEKEY Grant timelines.
On May 28, 2024 City Council adopted a resolution allocating $3,270,335 of City American Rescue Plan Act
Date: June 25, 2024
Subject: ADOPT A RESOLUTION APPROVING: 1) AN AMERICAN RESCUE PLAN ACT GRANT
AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED BY CITY COUNCIL; AND 2)
AN AFFORDABLE HOUSING AGREEMENT AND COVENANT FOR THE
BROADWAY PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
(ARPA) Funding and $2,879,665 as a loan from Measure P Funding towards the construction of the Broadway Project.
The existing State, City and Housing Authority funding amounts for the Broadway Project are summarized below:
Funding Source Amount State of CA Homekey $11,621,866 City of Vallejo American Rescue Plan Act (ARPA) $ 192,740 Solano County American Rescue Plan Act (ARPA) $ 3,000,000 City of Vallejo American Rescue Plan Act (ARPA) $ 200,000 Infill Infrastructure Grant Program $ 2,559,656 Wells Fargo Grant* $ 90,000 LMIHAF Loan $ 3,300,000 City of Vallejo American Rescue Plan Act (ARPA) $ 3,270,335 Measure P Loan Funding** $ 2,879,665
Total project Funding: $27,114,262
*Awarded directly to Firm Foundation
** Pending loan agreement and approval by Council
The item before the City Council is to approve an agreement with Firm Foundation Community Housing for the additional $3,270,335 authorized by the City Council on May 28, 2024 and to approve an Affordable Housing Agreement and Covenant for the Broadway Project. Staff will return at a later date with the Measure P Loan Funding Agreements.
FISCAL IMPACT
There is no additional fiscal impact associated with this item. City Council amended the budget and allocated funding at their May 28, 2024 meeting from the remaining ARPA funds.
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.
ATTACHMENTS
1. Reso Approving Broadway ARPA Agreement and Affordable Agreement CAO Stamp
2. ARPA-Grant-Agreement-Firm Foundation_6_25_2024_CAO Stamp
3. Affordability Agreement_Broadway Project ARPA_CAO Stamp
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
Date: June 25, 2024
Subject: ADOPT A RESOLUTION APPROVING: 1) AN AMERICAN RESCUE PLAN ACT GRANT
AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED BY CITY COUNCIL; AND 2)
AN AFFORDABLE HOUSING AGREEMENT AND COVENANT FOR THE
BROADWAY PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RESOLUTION NO. 24-________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING: 1) AN
AMERICAN RESCUE PLAN ACT GRANT AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED BY CITY COUNCIL; AND 2) AN AFFORDABLE HOUSING AGREEMENT AND COVENANT
FOR THE BROADWAY PROJECT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
WHEREAS, Firm Foundation Community Housing is constructing the Broadway Project, a 47- unit Permanent Supportive Housing Project, with 1 manager’s unit (total 48 units), that will provide wrap around services to chronically homeless population in Vallejo (“Project”); and WHEREAS, the City of Vallejo, Firm Foundation Community Housing, and Shelter, Inc obtained original grant funding for the Project through a Project HOMEKEY grant in the amount of $11,621,866; and
WHEREAS, on May 14, 2024, the City Council provided notice of intent to amend the 2023-2024 Fiscal Year budget; and
WHEREAS, on May 28, 2024, the City Council approved an amendment to the Fiscal Year 2023- 2024 budget to allocate $3,270,335 of American Rescue Plan ACT (“ARPA”) funds and a loan of $2,879,665 of Measure P funds towards the construction of the Broadway Project; and WHEREAS, the City Council previously allocated $392,740 City ARPA funding, $2,559,656 of Infill Infrastructure Grant Funding, $3,300,000 of Low and Moderate Income Housing Allocation Funds, to the Project and the County of Solano previously allocated $3,000,000 of County ARPA Funds towards the Project, and
WHEREAS, a regulatory agreement is required to ensure affordability of the Project at or below 30% of Area Median Income for a period of 55 years.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve the Broadway Project American Rescue Plan Act Grant Agreement with Firm Foundation Community Housing in the amount of $3,270,335.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Affordable Housing Agreement and Covenant for the Broadway Project.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager or his designee to execute the Grant Agreement and Affordable Housing Agreement and Covenant for the Broadway Project, attached hereto as Exhibit A and incorporated by reference, with any modifications deemed necessary by the City Attorney and City Manager and to be attested by the City Clerk.
BE IT FURTHER RESOLVED that the City Council hereby directs the City Clerk to record the Affordable Housing Agreement and Covenant for the Broadway Project upon its execution.
Adopted by the 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 ARPA Fund Grant Agreement
This AMERICAN RESCUE PLAN ACT (“ARPA”) FUND GRANT AGREEMENT ("Agreement") is made at Vallejo, California, dated for reference this 25th day of June 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Firm Foundation Community Housing, a California nonprofit public benefit corporation, hereinafter referred to as “Grantee”, who agree as follows:
1. Term. This Agreement takes effect as of the Effective Date and terminates as set forth in Section 7, below.
2. Disbursement of Funds. The City shall disburse to the Grantee a total sum not to exceed $3,270,335 in accordance with Section 4, below.
3. Additional Funds. Grantee acknowledges that this sum is in addition to the two previous grants of ARPA funds made to Grantee by the City for the Broadway Project in the amounts of $392,740 and $3,000,000, respectively, as authorized by Resolution Nos. 22-005 and 23-164 and County of Solano Standard Contract No.
COV-1-ARPA. By accepting this Grant, Grantee hereby attests that it has expended and will continue to expend such previous grant funds only in compliance with all federal, state, and local requirements, rules, and regulations applicable thereto.
4. Reimbursement Basis. The City will make payments to the Grantee in arrears as follows:
(a)Progress Payments. On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities (in accordance with Section 8(f) below) and a detailed and properly documented invoice for reimbursement that must include a detailed accounting of costs already incurred in sufficient detail for the City, in its opinion, to substantiate the costs. The City will notify the Grantee within fifteen business days following receipt of its invoice and written report of any circumstances or data identified by the City that would cause withholding of approval and subsequent payment.
The City may request any additional documentation it determines is needed to substantiate any request for reimbursement. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice approval. (b)Final Payment. As a condition of receiving final payment under this Agreement, the Grantee shall provide the City with (i) all of the documents described in Section 4(a), above, covering the period since the Grantee last submitted a monthly payment request, and (ii) the closeout report required
2 under Section 8(h), below. The City may request any additional documentation it determines is needed to substantiate any request for reimbursement or that is needed to complete the closeout report. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice and closeout report approval.
5. Authorized Uses. The following terms apply to the Grantee’s activities and expenditures related to this Agreement:
(a)The Grantee may seek reimbursement solely for costs it incurs that are necessary for completion of the construction of the Broadway Project comprised of 47 permanent supportive housing units and 1 unrestricted manager’s unit at 2441 Broadway Street in Vallejo (“Authorized Activities”) in accordance with the budget listed in Attachment 1 (“Approved Budget”) and for no other purpose.
(b)The Grantee may seek reimbursement solely for eligible costs that it incurs after the Effective Date of this Agreement. If Grantee receives a refund or credit for any cost for which it received a payment of ARPA funds, Grantee shall return ARPA funds in an amount equal to the refund or credit to the City by check payable to the City and delivered to the City at the address shown in Section 9 no later than 10 days following receipt of such refund or credit, unless otherwise agreed to in writing by the City.
(c)Any costs that are determined by subsequent audit to be unallowable are subject to repayment by the Grantee to the City within 60 days of being notified of same unless the City approves in writing an alternative repayment plan. (d)The Grantee shall not use the ARPA funds to supplant funding provided by the City to the Grantee under any other agreement. The Grantee shall include a term in every contract between Grantee and any contractor or subcontractor providing work on the Authorized Activities (“Contractors”) that prohibits the Contractor from using ARPA funds to supplant funding provided by the City directly or indirectly to the Contractor, if any.
(e)If the Grantee has received ARPA funds from any other entity or has received other federal funds (e.g., Coronavirus Relief Act funds, payroll protection act loan, etc.), Grantee shall not use the ARPA funds awarded pursuant to this Agreement to pay for direct or indirect costs already covered by the other federal funds or ARPA payments.
6. Books and Records. During the term of this Agreement and for five years after the termination or expiration of this Agreement, the Grantee shall keep appropriate books, records, and accounts in connection with the ARPA funds and activities performed under this Agreement and is subject to the following:
3 (a)The Grantee shall maintain all records related to this Agreement in accordance with generally accepted accounting practices, including the following records: (i) general ledger and subsidiary ledgers used to account for the receipt of ARPA funds and the disbursements of ARPA funds to meet eligible expenses; (ii) budget records for all fiscal years covered by this Agreement; (iii) payroll, time records, human resource records to support costs incurred for payroll expenses related to this Agreement; (iv) receipts of purchases made related to this Agreement; (v) contracts and subcontracts entered into using ARPA funds and all documents related to such contracts; (vi) all documentation of reports, audits, and other monitoring of Contractors and the Grantee; (vii) all documentation supporting the performance outcomes of contracts, subcontracts, and this Agreement; (viii) all internal and external email/electronic communications related to use of ARPA funds; and (ix) all investigative files and inquiry reports involving payment of ARPA funds.
(b)The Grantee shall make its books, records, and accounts (both those that relate to this Agreement and those that do not), employees, performance-related records, property, and equipment related to this Agreement available to the City’s Finance Director, the City Auditor, and any independent auditor at all reasonable times so that the Finance Director, City Auditor, or an independent auditor may determine whether the Grantee has complied with this Agreement.
If the City requests, the Grantee shall obtain and provide to the City, at the Grantee’s sole cost, an independent financial audit of the Grantee’s use of the ARPA funds.
(c)Upon demand by the City, given in accordance with Section 9, the Grantee shall reimburse the City for all ARPA funds that the Finance Director, City Auditor, or an independent auditor determines were expended for activities other than Authorized Activities in accordance with this Agreement, with reimbursement to be by check payable to the City and delivered to the City at the address shown in Section 9.
7. Termination. The City may terminate this Agreement if the City Manager determines that:
(a)The Grantee has failed to perform, or has performed unsatisfactorily, any provision or requirement of this Agreement, including failing to use the ARPA funds solely for Authorized Activities;
(b)The Grantee has made (with or without knowledge) any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this Agreement; or (c)There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect the undertaking of or the carrying out of the Authorized 4 Activities.
8. Other Requirements. In connection with its activities and expenditures related to this Agreement, the Grantee shall do the following:
(a)The Grantee shall follow the City’s procurement standards in Chapter 3.20 of the Vallejo Municipal Code when contracting for goods or services; and (b)The Grantee shall comply with the provisions of Title 24, Code of Federal Regulations, Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status; and (c)The Grantee shall enter into a written contract when it purchases goods or services using ARPA funds; and
(d)On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities. This monthly report must include all the following: (i) a narrative explanation of the Grantee’s progress toward all goals set forth in the Authorized Activities; (ii) an itemized list of all expenditures of ARPA funds to date, including the names of any contractors paid with ARPA funds and the amount paid; and (iii) any other information the City may request to demonstrate that the ARPA funds are being used solely for Authorized Activities and in accordance with this Agreement and all applicable laws; and (e)No later than sixty days following the final disbursement of ARPA funds under this Agreement, the Grantee shall provide the City with a closeout report that includes all the following: (i) an itemized list of all expenditures of ARPA funds; (ii) the name of each contractor who is paid with ARPA funds; (iii) the amount of each contract for the purchase of goods or services that is paid for in whole or in part with ARPA funds; (iv) a copy of each contract for the purchase of goods or services that is paid for in whole or in part with ARPA funds; (v) all information required to be reported under Attachment 1; and (vi) any other information that the City may request to demonstrate that the ARPA funds were used solely for Authorized Activities in accordance with this Agreement. The Grantee shall include with the report a certification that it used the ARPA funds solely for Authorized Activities in accordance with the terms of this Agreement; and (f)Grantee shall enter into an Affordable Housing Agreement and Covenant for the Broadway Project in the form attached hereto as Attachment 2 to ensure the affordability restrictions of the project shall remain in effect for fifty-five (55) years following its recordation.
9. Notices. Any notice, request, report, or demand under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this section 9 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be 5 effective or will be considered to have been given on the third calendar day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be effective or will be considered properly given when actually delivered. Any party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this section.
If to the City:
City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Attention: Gillian Haen,
Assistant City Manager
If to the Grantee:
Firm Foundation Community Housing
2845 Castro Valley Boulevard
Castro Valley, CA 94546
Attention: Taryn Sandulyak
Senior Project Manager
10. Effective Date. This Agreement is effective on the date that all parties have signed it, as indicated by the dates in the signature blocks below.
11. Indemnity. The Grantee shall defend, hold harmless and indemnify the City, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the direct supervision and control of the Grantee.
12. Insurance. Grantee shall maintain insurance coverage throughout the term of this Agreement as follows:
6 (a)Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and completed operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than two million dollars ($2,000,000) for any person, three million dollars ($3,000,000.00) for any occurrence, five million dollars ($5,000,000) annual aggregate. The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation. (b)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(c)Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear and provide that the insurer shall not have rights of recovery against the City and Grantee.
(d)The minimum limits of insurance required by this section 12 may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it.
(e)The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Grantee and its subcontractors; products and completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors. (f)The policies must contain, or be endorsed to contain, the following provisions:
(1)Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it.
7 (2)Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers.
(3)Coverage must state that Grantee’s insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(g)The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms. (h)Insurance must be placed with insurers with a Bests’ rating of not less than A:VI.
Self-insured retentions, policy terms, or other variations that do not comply with the requirements of this section 12 must be declared to and approved by the City in writing prior to execution of this Agreement.
(i)The Grantee shall furnish the City with certificates evidencing the insurance required. The certificates must be forwarded to the City’s Risk Manager.
Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(j)The City may terminate this Agreement if the certificates of insurance required have not been provided prior to execution of this Agreement or if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this section 12.
(k)Any available insurance proceeds in excess of the specified minimum limits and coverages must be made available to the City. (l)The Grantee’s liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this Agreement.
(m) In the event of damage or destruction to the Property or the Project improvements, all commercial property insurance (including builder's risk) proceeds shall be applied to the payment of the costs of repairing or rebuilding that part of the Property and Project improvements damaged or destroyed, provided that the extent of Grantee’s obligation to restore the Property and Project improvements shall be limited to the amount of the insurance proceeds.
(n)If the Project improvements are damaged or destroyed, then Grantee shall, to the extent insured, or required to be insured, and with reasonable diligence, repair, reconstruct or replace such improvements (to the extent the same is commercially feasible) to a condition substantially similar to their 8 condition immediately prior to such damage or destruction. All such repair, reconstruction or replacements shall be at the sole cost and expense of Grantee and, upon completion thereof, shall be free and clear of all mechanics’ liens.
13. Conflicts of Interest. The Grantee, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders the Grantee’s performance under this Agreement.
14. Miscellaneous.
(a)Assignment. The Grantee may not assign or otherwise transfer this Agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(a) is void.
(b)Successors and Assigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This section 14(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in this Agreement.
(c)Interpretation. This Agreement is to be interpreted and applied in accordance with California law.
(d)Waiver of Breach. A party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy.
A party’s waiver of the other party’s breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
(e)Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable. (f)Counterparts. The parties may sign this Agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement.
Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
(g)Time of Essence. Time is of the essence in performing this Agreement. (h)Authority to Sign. The person signing this Agreement on Grantee's behalf represents that he or she is authorized to do so and that no further action 9 beyond his or her signature is required to bind Grantee to this Agreement. City shall have no obligations whatsoever under this Agreement, unless and until this Agreement is executed by the City Manager or the City Manager’s authorized designee.
(i)Compliance with all Laws, Requirements, and Orders. The Grantee shall comply with all applicable laws, regulations, orders of public officials, and requirements in connection with this Agreement, including all non-discrimination and equal opportunity laws to ensure that Grantee does not deny benefits or services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity).
(j)Tax Implications and Consequences. The City makes no representations as to the tax consequences associated with the disbursement of ARPA funds related to this Agreement, and any determination related to this issue is the sole responsibility of the Grantee. Grantee acknowledges consulting with its own tax advisors or tax attorneys regarding this transaction or having had an opportunity to do so prior to signing this Agreement. Grantee acknowledges the City cannot provide advice regarding the tax consequences or implications of the ARPA funds disbursed to Grantee under the terms of this Agreement. (k)Integration and Modification. This Agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(l)Attachments. Attachments 1 and 2 to this Agreement are incorporated herein by reference.
(Signature Page Follows)
11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
FIRM FOUNDATION COMMUNITY
HOUSING., a California nonprofit public
benefit corporation
By:
Taryn Sandulyak
Senior Project Manager
DATE:
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
12 Attachment 1
Budget Narrative and Table
Purpose:
The purpose of the Budget Narrative is to provide support and an explanation for the amounts requested in the Budget Table (itemized cost list).
The Grantee must provide cost information for each applicable category listed below and explain how the requested funds will allow the Grantee to achieve the program goals. If you are not expending funds for a particular category, list $0 for that category in your narrative and cost list. Each expenditure must be supported by a justification to support the cost. All costs must be reasonable and allocable.
Cost Categories:
A.Direct Costs, including:
➢Salaries and Benefits: List the classification/title, percentage of time, salary or hourly rates, and benefits costs (if applicable) for every person funded by the grant. Briefly describe each position’s roles and responsibilities for grant activities.
➢Services and Supplies: Itemize all services and supplies to be purchased with grant funds to support the grant activities. If utilizing a subcontractor for professional or non-professional services, list subcontractor names (if known) and the amount of funds to be allocated to such services.
➢Marketing Expenses: Costs related to advertising the program services to the target audience.
➢Equipment/Fixed Assets: Itemize any equipment or fixed assets to be purchased with grant funds. List each piece of equipment or fixed asset separately.
➢Program Evaluation: Itemize all costs associated with evaluating progress toward the program goals.
➢Other: Itemize any other direct costs that are not listed in the categories above.
B.Indirect Costs:
➢Indirect Costs: Itemize indirect costs. Please note that the indirect costs cannot total more than 10% of the total direct costs, unless the Grantee has an established Negotiated Indirect Cost Rate with a federal agency.
If so, the
13 Grantee must submit the indirect cost rate agreement as an attachment to justify its indirect costs.
14 Budget Table (Itemized Cost List)
Cost Categories* A. Grant Funds B. Cash
Match (if
any)
C. In-Kind
Match (if
any)
D. Total
(A+B+C)
1. Salaries and Benefits S0 S0 S0 S0
2. Supplies S0 S0 S0 S0
3. Non-professional
Services
S0 S0 S0 S0
4. Professional Services S0 S0 S0 S0
5. Sub-awards to Partners S0 S0 S0 S0
6. Marketing Expenses $0 $0 $0 $0
7. Equipment/Fixed
Assets
S0 S0 S0 S0
8. Program Evaluation S0 S0 S0 S0
9. Other Direct Costs S0 S0 S0 S0
DIRECT COST
SUBTOTAL
$0 $0 $0 $0
10. Indirect Costs** S0 S0 S0 S0
TOTAL (Direct Cost
Subtotal
+ Indirect
Costs)
S0 S0 S0 S0
*Within each cost category in blue, expenses should be itemized in sufficient detail to allow the City to determine the allocability and reasonableness of the expense (e.g., salary and benefits should be listed for each position, and sub-awards should be itemized).
**Indirect costs cannot total more than 10% of the total direct costs, unless the Grantee has an established Negotiated Indirect Cost Rate with a federal agency. 15 ATTACHMENT 2
(Attach Affordability Agreement and Covenant)
Affordable Housing Rental Agreement and Covenant
Broadway Project Page 1
NO FEE RECORDING PURSUANT
TO GOVERNMENT CODE §27383
RECORDING REQUESTED BY AND
AFTER RECORDATION, MAIL TO:
City of Vallejo
Attn: City Clerk
555 Santa Clara Street
Vallejo, CA 94590
APN: 0067-140-150
AFFORDABLE HOUSING AGREEMENT AND COVENANT FOR THE
BROADWAY PROJECT
RECITALS
This Affordability Agreement and Covenant (“Agreement”) affects that certain real property commonly known as Assessor’s Parcel No. 0067-140-150 and located at 2441 Broadway in the City of Vallejo, County of Solano, State of California, as more particularly described in the Legal Description attached hereto as Exhibit A and incorporated herein by this reference (the “Property”) and is entered into based on the following facts and understandings:
A. The City of Vallejo, a charter city and municipal corporation (“City”), provided grant funding to Firm Foundation Community Housing Inc., a California nonprofit public benefit corporation (“Owner”), in the amounts of $192,740, $200,000, and $3,270,335 of American Rescue Plan Funds (ARPA), and the County of Solano provided $3,000,000 of ARPA funds toward construction of a 47 Unit Permanent Supportive Housing Project on the Property (“Project”). The City and Owner entered into an American Rescue Plan Act (“ARPA”) Fund Grant Agreement dated _________ 2024 (the "Grant Agreement"), applicable to the ARPA grant funding for the Project of THREE MILLION TWO HUNDRED SEVENTY THOUSAND THREE HUNDRED AND THIRTY-FIVE DOLLARS ($3,270,335) (the "Grant") for the purpose of constructing permanent supportive housing on the Property to be available at an affordable rent to households of extremely low income levels.
B. City and Owner desire by the execution of this Agreement to assure the affordable covenant to last for a minimum of fifty-five (55) years, following the date of recordation of this Affordability Housing Agreement and Covenant for the Broadway Project (the “Term”).
Affordable Housing Rental Agreement and Covenant
Broadway Project Page 2
AGREEMENT
1. PROPERTY. Owner represents and warrants that it holds the fee title interest in that certain parcel of real property commonly known as 2441 Broadway Street in Vallejo, California (APN: 0067-140-150) as more particularly described in Exhibit A.
2. USE OF THE PROPERTY. Owner hereby covenants and agrees, for itself, its lessees, successors, and assigns, that Owner shall not use the Property other than for the operation of a permanent supportive housing project including 47 affordable supportive rental housing units and one manager’s unit, in compliance with all of the following:
a. Development. Owner shall diligently construct a supportive housing project consisting of 47 rental units and one manager’s unit for a total of 48 units on the Property (the “Project”). Pursuant to the conditions of the Site Development Permit SD22-0022, approved by the City on August 22, 2022, Owner has agreed to restrict 47 of the Units in the Project for occupancy by Extremely Low Income Households, as defined below, collectively the “Restricted Units.” All of the supportive housing units within the Project shall be collectively referred to in this Agreement as the “Units.”
b. Restrictions on Use. Owner understands that the Project as approved includes, among other things, a density bonus and application of reduced development standards under State Density Bonus Law, permitting the reduction of the minimum rear setback, ground floor heights, and area of solid waste room space otherwise required and the elimination of the private open space, street tree, and long-term bicycle parking requirements, and that said entitlements were based upon the proposed use constituting a Subsidized/Assisted (affordable) Supportive Housing project. Owner understands and agrees that the use of the Property is specifically restricted for use as a Subsidized/Assisted Supportive Housing project and that any new or different use, including housing which does not constitute Subsidized/Assisted Supportive Housing, would require new entitlements. The provisions of this section 2.b. shall run with the land as a use covenant and shall survive termination of this Affordable Housing Agreement. c. Income and Rent Restrictions. Upon completion of construction, Owner shall operate the Project as a “Permanent Affordable Housing Project” with the required number of Units, as set forth herein, for rental to Extremely Low Income Households in accordance with the following criteria:
(1) General. The term “Permanent Affordable Housing Project” as set forth herein, means a residential rental project in which the identified number of units meet the requirements of the Agreement and are consistent with the occupancy restrictions set forth in Exhibit B, attached hereto and Affordable Housing Rental Agreement and Covenant
Broadway Project Page 3
incorporated herein by reference. The Restricted Units will be occupied or held for occupancy as follows:
(i) 47 Restricted Units will be occupied or held for occupancy by Extremely Low Income Households. An “Extremely Low
Income Household” is one whose income is at or below 30% of the area median income as adjusted by household size appropriate for the Unit. Said Extremely Low Income Units shall be Rent Restricted for Very Low Income as set forth herein.
(2) As used herein, all references to “area median income” shall mean the median household income (adjusted for household size appropriate for the Unit and for other factors, such as area of high housing cost) of the Metropolitan Statistical Area in which Solano County is located, as annually estimated by the United States Department of Housing and Urban Development (“HUD”) pursuant to Section 8 of the United States Housing Act of 1937 or as established in accordance with Section 50093 of the California Health and Safety Code.
(3) Rent-Restricted Units.
(i) An Extremely Low Income Unit is Rent Restricted for Extremely Low Income if the rent (as defined in Section 50106 of the California Health and Safety Code) for the Unit does not exceed thirty percent (30%) of area median income, adjusted by household size appropriate for the Unit.
(ii) For purposes of determining rent, the “household size appropriate for the Unit” shall be determined in accordance with Section 42(g)(2)(C) of the Internal Revenue Code.
(iii) For purposes of this Agreement, rent does not include any payment under Section 8 of the United States Housing Act of 1937 or any comparable federal rental assistance program (with respect to such Restricted Unit or occupants thereof) but does include any utility allowance determined by the Secretary of the Department of Housing and Urban Development after taking into account such determinations under Section 8 of the United States Housing Act. (4) Tenants of the Restricted Units are not required to accept services from Owner for which charges will be made in excess of rent as a condition of tenancy.
d. Reporting Requirements. Owner shall certify under penalty of perjury to the City within sixty (60) days after January 1 of each year that during the preceding calendar year the requirements of section 2 of this Agreement have been met. Such certification shall be submitted in a form acceptable to the City. The income Affordable Housing Rental Agreement and Covenant
Broadway Project Page 4
certification required by this section shall be supplied by each tenant in a Restricted Unit.
In order to provide the above certification, the Owner or its agent shall retain the following information:
(1) Total number, size, affordability type and address of the Restricted Units. (2) The number of persons living in each Restricted Unit. (3) Rent charged for each Restricted Unit, by affordability type, including utility allowance.
(4) Any and all vacancies in the Restricted Units and information that shows when and to whom the next available Restricted Units were rented. (5) Annual income certification for each tenant of a Restricted Unit; and (6) Documentation to support income certification for each tenant in a Restricted Unit.
Such information shall be retained by Owner for at least six (6) years from the date of each annual verification. City may from time to time during the term of this Agreement reasonably request additional or different information be retained and Owner shall promptly comply with any such reasonable request. Upon request for examination by City, Owner, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Agreement.
Owner shall permit City to audit, examine, copy and make excerpts or transcripts from these records.
e. Preservation and Maintenance of the Project. During the useful life of the Project, Owner shall maintain the Project at a high-quality level, and shall keep the Project in good condition, order and repair and shall not commit waste or permit impairment, demolition or deterioration of the Project, nor violation of City ordinance. City or its duly authorized representatives shall have the right to inspect the Project at all reasonable times, provided Owner and the occupants of the Units (subject to the express terms of the occupants’ lease) to be inspected are given notice prior to any such inspection.
f. Management.
(1) City shall have the right to approve or disapprove of the proposed Owner’s Management Agent, including any change of Owner’s Management Agent.
The Management Agreement with the Owner’s Management Agent shall name the City as a third-party beneficiary permitting City the right to enforce such agreement. Owner shall submit a copy of such Management Agreement, and any subsequent amendments thereto, to the City. City shall have the right to approve or disapprove such agreement to the extent to Affordable Housing Rental Agreement and Covenant
Broadway Project Page 5
ensure compliance of such agreement with the provisions of this Agreement, including the requirement for high quality property management, on-going grounds and property maintenance, implementation, monitoring and compliance and adherence to the Management Plan. (2) Owner and/or Owner’s Management Agent shall prepare a Management Plan for the management of the Project, including each of the following minimum provisions, which shall be subject to the review and approval of the City:
(i) Rules and procedures for qualifying and screening tenants and filling vacancies. Said rules and procedures shall include anti- discrimination policies, waiting list policies, grievance process, eligibility certification process and unit transfer policies. (ii) Measures to maintain security and crime prevention, including the provision of a licensed security guard (“Safety Ambassador”) who shall be required to monitor the Property daily from 6 p.m. to 1 a.m., seven days a week, for a period of three months from the date the Property is occupied at 50% occupancy. From and after the end of the 3 month period, provided the average number of criminal incident reports reported by the Vallejo Police Department (excluding physical and mental wellness checks and EMT service calls), averages fewer than eight calls per month, the requirement to have a Safety Ambassador on site shall be terminated.
(iii) Rules of conduct for tenants, including provisions for: drug free property; anti violence against women and other tenants; anti-drug; smoking; storage and open space use; noise; alcohol in common areas, unlawful activities, annual inspections; parking; annual eligibility certification; and grounds for eviction. The rules of conduct related to parking must include that the vehicle be in good repair and operable, be legally registered to the tenant, and have a current registration sticker.
(iv) Process for handling tenant complaints/grievances. (v) Provisions for maintenance of the Property, Project and the Units, including keeping the Property, Project and Units in good condition, order and repair, free of waste or deterioration and in full compliance with all City ordinances.
(vi) Provisions for ongoing communications between management and tenants, management and Owner, City and management and City and Owner.
(vii) Provisions for property management staffing, including daily on- site management of the Project.
Affordable Housing Rental Agreement and Covenant
Broadway Project Page 6
(viii) A copy of the standard lease agreement.
A copy of the Management Plan shall be provided to City at least sixty (60) days prior to occupation of the Project and prior to the City approval of the Owner’s Management Agent. Any proposed amendments or revisions to the Management Plan shall be provided to City promptly upon any such request for modification.
(3) Owner and/or Owner’s Management Agent shall comply with all terms and conditions of the Project Financing and shall promptly notify City if there is any default or failure to make any payment of principal, interest or any fees owing on any debt affecting the Project, or upon any other default or failure to comply with any material terms of any financing or financing regulatory agreement affecting the Project. Owner and/or Owner’s Management Agent shall promptly provide City with a copy of all notices received from any lender under any financing agreements or from any other party relating to the financing regulatory agreement(s). (4) Notwithstanding City’s approval of the Management Agent, Management Agreement and Management Plan, Owner shall at all times remain responsible for, and such approval of a Management Agent, Management Agreement and the Management Plan shall not relieve Owner or Owner’s Management Agent from, compliance with the requirements of the Project approvals, the City loan or funding agreements, if any, and this Agreement, with respect to the use, operation and maintenance of the Property.
3. NO DISCRIMINATION. The Project shall, at all times, comply with all Federal, State and local fair housing and civil rights laws and with all equal opportunity requirements. Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual preference, source of income, age, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property.
All deeds, leases or contracts made relating to the Property, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clauses:
a.In deeds: The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease, transfer, Affordable Housing Rental Agreement and Covenant
Broadway Project Page 7
use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.
b.In leases: The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, medical condition, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.
c.In contracts: There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees subtenants, or vendees in the land.
These covenants against discrimination shall be deemed to run with the land and shall survive termination of this Agreement and shall remain in effect in perpetuity.
4. DURATION. The covenants contained in the provisions of this Agreement shall remain in effect for 55 years after the date of this Agreement, or such longer period as may be permitted by law.
5. SALE OR TRANSFER OF PROPERTY. Owner shall not make any sale, assignment, conveyance, or transfer of the Property, or any interest therein, without City’s prior written consent. City shall have the right, in its sole discretion, to impose such terms and conditions as necessary to ensure compliance with this Agreement.
6. RIGHT OF FIRST REFUSAL. If during the Term of this Agreement, Owner receives a lawful offer to purchase the Property and it intends to accept the offer, Owner shall notify Affordable Housing Rental Agreement and Covenant
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City in writing of its intent to sell the Property. Said notice shall include a written copy of any offer to Purchase the Property. City shall have twenty-one (21) calendar days from said notification to notify Owner, in writing, of City’s intent to purchase the Property on the same terms and conditions as the offer identified in the notice. If City so notifies Owner of its intent to purchase the Property, City will be bound to purchase the Property strictly in accordance with the terms of the offer.
7. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Owner to the Property shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.
8. SUCCESSORS AND ASSIGNS. The covenants contained in this Agreement shall be binding upon Owner and any successor in interest to the Property or any part thereof, for the benefit of City, and its respective successors and assigns and such covenants shall run in favor of the City and its respective successors and assigns for the entire period during which such covenants shall be in force and effect, without regard to whether City is an owner of any land or interest therein to which such covenants relate. City and its respective successors and assigns in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies under this Agreement, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Agreement shall be enforceable only by City and its successors and assigns.
9. SUBORDINATION. It is the objective of the City and Owner that this Agreement shall not be subordinated for the benefit of lenders providing financing to the Project and that the City may subordinate the provisions of this Agreement only if the City is satisfied that subordination will not impair the City’s ability to enforce the affordability restrictions and all City project approvals, and that all other provisions of such subordinations, including but not limited to notice and cure provisions on behalf of City, are acceptable to City in its sole discretion. Notwithstanding the foregoing, the City will not object to subordination of this Agreement to the California Department of Housing and Community Development Homekey Round 2 regulatory agreement which restricts 47 units at 30% of AMI.
10. REMEDIES; CITY AS THIRD-PARTY BENEFICIARY.
a. Subject to sections 10.b. and 10.c., below, in addition to any other rights or remedies that may be available under law or equity, either party may institute judicial action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other legal or equitable remedy for default consistent with the purposes of this Agreement, including without limitation specific performance or injunctive relief. Such judicial actions must be instituted in the Superior Court of the County of Solano, State of California, if applicable, or in the Federal District Court of the Eastern District of California. The Parties hereby agree and intend that Affordable Housing Rental Agreement and Covenant
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the City be a third-party beneficiary of the Management Plan and the Management Agreement, and as such shall have the right to enforce the terms thereof. b. No member, official or employee of City shall be personally liable to Owner in the event of any default or breach by City or for any amount which may become due to Owner or on any obligations under the terms of this Agreement, and no action for damages shall be brought against City, except for purposes of enforcing any amounts due, if any, from City to Owner under this Agreement. c. The remedies provided under this section 10 do not preclude the exercise of any and all remedies available to City under any other agreement, approvals or entitlements to which Owner is a party or is otherwise bound affecting the Property, the Project, or any portion thereof.
d. Owner recognizes that in the event that Owner or Owner’s Management Agent fail to perform the obligations set forth in this Agreement, the Management Plan or the Management Agreement, including but limited to on-going operation of the Project as an affordable housing project and other such obligations referred to in section 2, City may be subject to liability and cost under fair housing laws, or restrictions or certifications made in furtherance of the Project. Therefore, Owner agrees (and Owner’s Management Agent shall agree under the Management Agreement) that any default concerning the on-going grounds and property maintenance, implementation, monitoring and compliance, as specified in this subsection and in section 2 above, shall be deemed material and shall entitle City, in the event such default is not cured within a reasonable time period after written notice from City to Owner, without any liability to Owner or Management Agent, to cause Owner to remove the Owner’s Management Agent and to substitute another qualified Management Agent as approved by City. Notwithstanding the previous sentence, such removal and substitution of the Management Agent shall be in accordance with the requirements established by the Project funding.
11. INDEMNIFICATION.
a. Owner shall defend, indemnify and hold harmless City and its agents (including consultants), officials, officers, and employees, from any and all damage, liability or loss or any claim of damage, liability or loss, including without limitation attorney’s fees or costs, connected with or arising out of: (i) any action or proceeding (collectively “action”) against City, or its agents (including consultants), officials, officers, or employees, arising out of or related to any decision, determination, or action made or taken approving, supplementing, or sustaining the Project or any part thereof, or any related approvals; or (ii) any action imposing or seeking to impose personal liability against such agents (including consultants), officers, or employees resulting from their involvement in the Project, including without limitation any claim for punitive damages or private attorney general fees claimed by or awarded to any party if such action arose as a result of Owner’s gross negligence, intentional misconduct or willful failure to comply with the terms of this Agreement.
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b. Nothing in this section 11 shall limit the scope or application of any and all indemnifications provided by Owner to City under any other agreements, approvals or entitlements of which Owner is a party or is otherwise bound affecting the Property, the Project, or any portion thereof.
c. The provisions of this section 11 shall survive termination of this Agreement.
12. INSURANCE REQUIREMENTS. Throughout the Term of this Agreement, Grantee shall keep the Property and Project improvements insured against loss or damage by a standard commercial property special form policy in amounts not less than the replacement value of the Project improvements and shall maintain such additional insurance coverage as follows:
a. Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than two million dollars ($2,000,000) for any person, three million dollars ($3,000,000.00) for any occurrence, five million dollars ($5,000,000) annual aggregate. The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
b. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
c. Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear and provide that the insurer shall not have rights of recovery against the City and Grantee. d. The minimum limits of insurance required by this section 12 may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it.
e. The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of:
activities performed by or on behalf of Grantee and its subcontractors; products and Affordable Housing Rental Agreement and Covenant
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completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors.
f. The policies must contain, or be endorsed to contain, the following provisions. (1) Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it.
(2) Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers. (3) Coverage must state that Grantee’s insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
g. The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms.
h. Insurance must be placed with insurers with a Bests’ rating of not less than A:VI.
Self-insured retentions, policy terms, or other variations that do not comply with the requirements of this section 12 must be declared to and approved by the City in writing prior to execution of this Agreement.
i. The Grantee shall furnish the City with certificates evidencing the insurance required. The certificates must be forwarded to the City’s Risk Manager. Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier. j. The City may terminate this Agreement if the certificates of insurance required have not been provided prior to execution of this Agreement or if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this section
12. k. Any available insurance proceeds in excess of the specified minimum limits and coverages must be made available to the City.
l. The Grantee’s liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this Agreement.
m. In the event of damage or destruction to the Property or improvements thereon, all commercial property insurance (including builder's risk) proceeds shall be applied to the payment of the costs of repairing or rebuilding that part of the Property and improvements damaged or destroyed, provided that the extent of Grantee’s Affordable Housing Rental Agreement and Covenant
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obligation to restore the Property and improvements shall be limited to the amount of the insurance proceeds.
n. If the Project improvements are damaged or destroyed, then Grantee shall, to the extent insured, or required to be insured, and with reasonable diligence, repair, reconstruct or replace such improvements (to the extent the same is commercially feasible) to a condition substantially similar to their condition immediately prior to such damage or destruction. All such repair, reconstruction or replacements shall be at the sole cost and expense of Grantee and, upon completion thereof, shall be free and clear of all mechanics’ liens.
13. CONFORMING MODIFICATIONS. Owner and City shall reasonably consider, at the request of either party, modifications to this Agreement from time to time for purposes of clarification of terms hereof in implementation of the Project funding, or in order to conform the terms hereof to changes in law or other requirements pertaining to financing.
14. DOCUMENTS REFERENCED HEREIN. Owner acknowledges receipt of all documents referenced herein, including but not limited to the documents referenced in section 2 hereof, and that it is familiar with the terms thereof. City agrees to provide Owner with copies of any amendments or modifications to said documents.
15. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute the same instrument, with the same effect as if all of the parties to this Agreement had executed the same counterpart.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Owner have caused this instrument to be executed on their behalf by their respective officers or representatives thereunto duly authorized, as of _________________________________, 2024.
CITY OF VALLEJO,
a Municipal Corporation
By: _________________________________
Andrew Murray
City Manager
FIRM FOUNDATION COMMUNITY HOUSING,
a California nonprofit public benefit corporation
By: _________________________________
Taryn Sandulyak
Senior Project Manager
Approved as to form:
By: _________________________________
Veronica A. F. Nebb
City Attorney
(City Seal)
ATTEST:
By: _________________________________
Dawn Abrahamson
City Clerk
Affordable Housing Rental Agreement and Covenant
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA, COUNTY OF __________________________________________ On _________________, before me ___________________________, Notary Public, personally appeared _____________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Notary Public in and for said
County and State
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Vallejo, County of Solano, State of California, described as follows:
PARCEL “B” AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED: “PARCEL MAP, PORTION OF SEC. 36, T.4.N., R4W. M.D.B. & M., CITY OF VALLEJO, SOLANO COUNTY, CALIFORNIA” FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, ON AUGUST 23, 1982 IN BOOK 23 OF PARCEL MAPS, AT PAGE 79.
EXCEPTING THEREFROM A LIFE ESTATE AS TO AN UNDIVIDED ONE FIFTH (1/5) RIGHT,
TITLE, AND INTEREST IN AND TO ALL MINERAL RIGHTS AND ALL MINERALS OF EVERY
KIND AND NATURE INCLUDING GAS, OIL, AND/OR OTHER ASSOCIATED SUBSTANCES
LOCATED AND FOUND IN, UPON AND BENEATH THE ABOVE DESCRIBED LAND AS GRANTED IN THE DEED FROM HENRY A. MINI, ET AL, TO VIRGINIA C. MINI, DATED NOVEMBER 5, 1954 RECORDED JANUARY 14, 1955, IN BOOK 748 OF OFFICIAL RECORDS, AT PAGE 313, INSTRUMENT NO. 678.
APN: 0067-140-150
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EXHIBIT B
DESCRIPTION OF THE AFFORDABLE UNIT TYPES BY BEDROOM SIZE AND
AFFORDABILITY LEVEL
AFFORDABLE UNIT MIX
0BR/1BA 47
1BR/1BA 0
2BR/1BA 0
3BR/2BA 0
Affordable Unit Mix Total 47
UNRESTRICTED UNIT MIX
2BR/1BA (Manger’s Unit) 1
Unrestricted Unit Mix Total 1
TOTAL UNIT COUNT 48
The above units, with the exception of one 1BA unit reserved for the on-site manager, shall be affordable to: EXTREMELY LOW INCOME HOUSEHOLDS.
ACTION ITEM 9.A.
DATE: June 25, 2024
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE VALLEJO
MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701 RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69 REGARDING
OTHER REGULATIONS RELATED TO TOBACCO RELATED PRODUCTS
RECOMMENDATION
Introduce Ordinance adding Chapter 5.10 of the Vallejo Municipal Code relating to Tobacco Retail Licensing and amending Chapters 7.68, 16.301, 16.340, AND 16.701 Relating to Tobacco Retailers and Use Permit Requirements and repealing Chapter 7.69 regarding other regulations related to Tobacco Related Products.
REASONS FOR RECOMMENDATION
This action arises from a Council member's request, which the Council voted to move forward.
BACKGROUND AND DISCUSSION
The Council has directed staff to bring forward a Tobacco Retail Licensing (TRL) Ordinance for review and approval to ensure that retailers comply with tobacco control laws and business standards, and to protect the health, safety, and welfare of the community, particularly Vallejo's youth.
The Vallejo Municipal Code (VMC) regulates the location and sales of tobacco products within the City. These regulations are located in various portions of the Zoning Code. Because the new Ordinance uses different definitions and imposes new regulations, all portions of the VMC that related to the sale of tobacco products need to be amended to be internally consistent.
Staff is proposing the following actions to implement the new TRL Ordinance:
• Adding Chapter 5.10, Tobacco Retail Licensing;
• Amending Chapters 7.68, Prohibition of Smoking;
• Amending Chapter 16.301 - Table 16-301-A: Land Use;
• Amending Chapter 16.340, Tobacco Product Sales;
• Amending Chapter 16.701, Land Use Terms and Definitions; and • Repealing Chapter 7.69, Restrictions on Accessibility to Cigarettes and other Tobacco Products.
Adoption of the TRL Ordinance would require all tobacco retailers in Vallejo to obtain a Tobacco Retail License from the City, prohibits the sale of all types of flavored tobacco and flavored tobacco products-- including for electronic devices, imposes minimums on packaging size and pricing, and limits the location of tobacco retailers in relation to other tobacco retailers, cannabis retailers, youth facilities and residential districts. It would also limit the number of tobacco retailers in relationship to the City's population. There are limited exceptions to these location and density requirements for existing retailers. The ordinance provides for a license application process, a license fee (yet to be established), compliance monitoring, suspension or
Date: June 25, 2024
Subject: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE VALLEJO
MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701 RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69
REGARDING OTHER REGULATIONS RELATED TO TOBACCO RELATED
PRODUCTS
revocation for non-compliance, and penalties for those operating without a license.
General and Specific Plan Conformance
The proposed changes are in conformance with the applicable General and Specific Plan Policies and actions.
In particular, Policy CP-1.10 and associated actions (below) are implemented by the proposed new Tobacco Retail License Ordinance and the changes to Title 16.
Date: June 25, 2024
Subject: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE VALLEJO
MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701 RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69
REGARDING OTHER REGULATIONS RELATED TO TOBACCO RELATED
PRODUCTS
Proposed changes to Title 16 of the VMC (Zoning Code) are as follows:
Table 16.301-A:
Tobacco-Cigar Bar or Lounge with a Major Use Permit added in some districts:
Date: June 25, 2024
Subject: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE VALLEJO
MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701 RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69
REGARDING OTHER REGULATIONS RELATED TO TOBACCO RELATED
PRODUCTS
Staff notes that regardless of the permitting and location requirements in the Zoning Code, all tobacco uses would be required to adhere to the location restrictions and licensing requirements set forth in Chapter 5.10.
As an example, if a tobacco use were allowed within a certain district, it would still have to adhere to the distancing requirements set forth in Chapter 5.10, which is referenced in "Note 8" in the Use Table next to affected tobacco uses.
A "Tobacco-Cigar Bar or Lounge" requires a Major Use Permit, requiring a public hearing before the Planning Commission, in the following districts:
Neighborhood Mixed Use (NMX)
Downtown Mixed Use (DMX)
Waterfront Mixed Use (WMX)
Neighborhood Commercial (NC)
Central Corridor Commercial (CC)
Regional Commercial (RC)
These locations correspond with the districts in which bars and lounges serving alcohol are permitted with a Minor Use Permit. Staff is proposing that Tobacco-Cigar Bar and Lounges be permitted with a Major Use Permit, which imposes a greater level of scrutiny. The addition of this use is intended to address the 2022 amendments to Chapter 7.68, which displaced smokers residing in multi-unit residences from smoking in their own homes, and the desire of smokers to gather indoors to smoke, while protecting the interests of community health.
A new definition of "Tobacco-Cigar Bar or Lounge" is proposed to read as follows:
"Tobacco-Cigar Bar or Lounge’ means an establishment that is open to the public and is designated for the consumption or use of tobacco products purchased on the premises or elsewhere."
The "Smoke Shop or Tobacco Retailer" definition is being changed and a discretionary permit added.
Under Retail Sales in the Use Table, in keeping with the new definitions in Chapter 5.10, staff proposes revising “Smoke Shop or Tobacco Retailer” to read “Tobacco Retail Store.” This definition is further broken down into two categories, Tobacco Retail Store-Major (having more than 20% of the retail area dedicated to tobacco products), and Tobacco Retail Store-Minor (having 20% or less of the retail area dedicated to tobacco products).
Tobacco Retailer-Major would require a Major Use Permit in the following districts:
Neighborhood Mixed Use (NMX)
Downtown Mixed Use (DMX)
Central Corridor Commercial (CC)
Regional Commercial (RC)
This represents no change from the current requirements for a Smoke Shop or Tobacco Retailer.
Date: June 25, 2024
Subject: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE VALLEJO
MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701 RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69
REGARDING OTHER REGULATIONS RELATED TO TOBACCO RELATED
PRODUCTS