Cities Index.
Agenda packet

Vallejo City Council
October 8, 2024

Document
Agenda packet
Meeting
October 8, 2024
Body
Vallejo City Council
Pages
10
Original file
19.2 MB
Text extracted from the city's file for reading and search. Open the original on vallejoca.api.civicclerk.com. That file is the official record.

Any supplemental writing related to an agenda item for an open session of a regular meeting that is distributed to all or a majority of all members of the City Council less than 72 hours before the meeting will be posted concurrently on the City’s website at www.cityofvallejo.net/agendas Written material distributed during the meeting, will be available at the meeting if prepared by the City or after the meeting if prepared by someone else. Such materials may be obtained from the City Clerk

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
Press *9 to digitally raise your hand from the phone
Press *6 to Unmute/Mute
For additional instructions on how to speak during public comment, please visit, www.cityofvallejo.net/publiccomment

VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
OCTOBER 8, 2024

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

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

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

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:

There are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION OF A PROCLAMATION RECOGNIZING THE 50TH

ANNIVERSARY OF THE LOMA VISTA FARMS
B. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF FILIPPINO AMERICAN HISTORY MONTH - OCTOBER 2024

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

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

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES

Recommendation: Approve minutes for the special meeting of September 17 and the special and regular meetings of September 24, 2024 Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. ADOPT A RESOLUTION APPROVING FOUR PURCHASE AGREEMENTS

FOR PROCUREMENT OF WATER SYSTEM PRODUCTS (PARTS AND
SUPPLIES) FOR A COMBINED NOT TO EXCEED AMOUNT OF $1,250,000

FOR THE CITY OF VALLEJO WATER DEPARTMENT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME
Recommendation:

Adopt a resolution of the City Council of the City of Vallejo approving four purchase agreements (with Core & Main, Ferguson, Pace, and Underground Republic Water Works, Inc.) for procurement of water system parts and supplies for a combined not-to-exceed amount of $1,250,000 for the City of Vallejo Water Department and authorizing the City Manager to execute the same.

Contact: Beth Schoenberger, Water Director
[email protected]
D. ISSUE A PROCLAMATION DECLARING OCTOBER 2024 AS

CYBERSECURITY AWARENESS MONTH
Recommendation: Authorize the Vallejo City Council to approve a proclamation declaring October 2024, as Cybersecurity Awareness Month.

Contact: Erik Rzomp, Executive Assistant to Mayor McConnell, (707) 648-4377 [email protected]
E. ADOPT A RESOLUTION AMENDING THE CAPITAL GRANT AND
CONTRIBUTION FUND #221 FOR FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $164,850 TO RECOGNIZE THE ENERGY EFFICIENCY

AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER
FUNDS (STEP 2)
Recommendation: Adopt a resolution amending the budget to accept the Energy Efficiency and Conservation Block Grant formula voucher to be applied to energy efficiency projects in the City of Vallejo.

Contact: Andrew Murray, City Manager (707) 648-4576
[email protected]
F. ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF VALLEJO AND THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving a Side Letter Agreement between the City of Vallejo and the International Brotherhood of Electrical Workers, Local 1245 and authorize the City Manager to execute the same.

Contact: Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]

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

A. APPROVE A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY

BOARDS, COMMISSIONS AND COMMITTEES
Recommendation: Adopt a resolution making the following appointments:
• Beautification Commission - 1 vacancy
• Design Review Board - 2 vacancies
• Housing & Community Development Commission - 2 vacancies • McCune Collection Commission - 1 vacancy
• PBSC - 3 members and 3 alternate vacancies
• Planning Commission - 1 vacancy
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. INTRODUCTION OF AN UNCODIFIED ORDINANCE ADOPTING AND APPROVING VALLEJO POLICE DEPARTMENT POLICY 706, MILITARY

EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA
ASSEMBLY BILL NO. 481 (AB 481), BY READING OF THE TITLE ONLY

AND WAIVING FURTHER READING
Recommendation:

Considering introduction of an uncodified Ordinance adopting and approving Vallejo Police Department Policy 706, Military Equipment Use Policy, in compliance with California Assembly Bill No. 481 (AB 481), by reading of the title only and waiving further reading. It is further recommended that the City Council approve the Military Equipment Use Policy (Attachment 1) for the Vallejo Police Department (VPD). This policy addresses the VPD’s funding, acquisition, and use of military equipment as required by Assembly Bill (AB) 481.

Contact:

Jason Ta, Interim Chief of Police
[email protected]

10. INFORMATION CALENDAR
A. RECEIVE A REPORT REGARDING THE SPECIAL EVENT SPONSORSHIP PROGRAM GRANTS FOR FISCAL YEAR 2024-25
Recommendation: Receive a report regarding the Special Event Sponsorship Program Grants for Fiscal Year 2024-25
Contact: Shelee Loughmiller, Community and Volunteer Coordinator (707) 648- 8616
[email protected]

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

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

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

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Wednesday, October 2, 2024

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 2:00 p.m., Wednesday, October 2, 2024.

Dated: Wednesday, October 2, 2024

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
September 17, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
SEPTEMBER 17, 2024

LOWER LEVEL OF JFK LIBRARY
505 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.

2. ROLL CALL

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

Absent: Councilmember Arriola
Staff present: City Clerk Abrahamson

3. ACTION CALENDAR
A. CONDUCT APPLICANT INTERVIEWS FOR VARIOUS CITY OF VALLEJO

BOARD, COMMISSIONS & COMMITTEES
Recommendation: The purpose of this special meeting is to conduct applicant interviews only for appointments to fill vacancies on the following:
•Beautification Commission - 1 vacancy
•Design Review Board - 2 vacancies
•Housing & Community Development Commission - 2 vacancies •McCune Collection Commission - 1 vacancy
•Participatory Budgeting Steering Committee - 3 member and 3 alternate member vacancies
•Planning Commission - 1 vacancy
•Surveillance Advisory Board, District 3 member vacancy It is anticipated that appointments will be made at the City Council's regular meeting on October 8, 2024
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Council conducted interviews for the following applicants:

Beautification Commission – Angela-Sharee Taylor
Design Review Board – Matt Kennedy
Housing & Community Development Commission – LaWanda Smith Participatory Budgeting Steering Committee – Guillermo Herrera Surveillance Advisory Board, District 3 – Mario Chesney Planning Commission – Liesel Haldane, Craig Standafer and Ravi Sandhu

4. ADJOURNMENT
Special City Council Meeting Minutes
September 17, 2024
Page | 2
The meeting adjourned at 7:25 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
September 24, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
SEPTEMBER 24, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. ROLL CALL

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

Absent: None
Staff present: City Manager Murray, City Attorney Nebb, City Clerk Abrahamson, Assistant City Manager Haen, Chief Assistance City Attorney Risner, Administrative Analyst Smith, and Human Resources Director Sifuentes.

The City Council convened into Closed Session in the Council Conference Room at 4:34 p.m.

3. CLOSED SESSION
A. Liability Claims: Gilberto Grajeda v. City of Vallejo, Pursuant to Government Code Section 54956.95
B. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code section 54956.9(d)(1): Monteloyola v. City of Vallejo, et al., Solano County Superior Court, Case No. CU24-03609.

C. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code section 54956.9(d)(1): Matzke et.al. v City of Vallejo et. al Solano Superior Court Case No. FCS056066
D. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Stephanie Sifuentes, Human Resources Director
Employee Organizations: International Brotherhood of Electrical Workers (IBEW), Local 1245; Vallejo Police Officers Association (VPOA); and Unrepresented Employees
E. Conference with Real Property Negotiations Pursuant to Government Code Section 54956.8
Property: 50 Solano
Agency Negotiators: Gillian Haen, Assistant City Manager; Veronica Nebb, City Attorney
Negotiating Parties: Mark Tomko, General Manager, Vallejo Flood and Wastewater District
Special City Council Meeting Minutes
September 24, 2024
Page | 2
Under Negotiations: Price and Terms of Payment
F. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: APNS: 0081-040-100; 0081-040-110; 0081-040-620; 0081-040-790; 0081-040-880; 0081-191-010; 0081-630-030; 0181-190-010; 0181-190-070; and 0182-040-080
Agency Negotiators: Gillian Haen, Assistant City Manager and Veronica Nebb, City Attorney
Negotiating Parties: City of Vallejo and Jeb Elmore, Blue Rock Springs, LLC Under Negotiation: Price and Terms of Payment

4. ADJOURNMENT
The meeting adjourned at 6:57 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Regular City Council Meeting Minutes
September 24, 2024
Page | 1

VALLEJO CITY

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
SEPTEMBER 24, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:00 p.m.

2. ROLL CALL

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

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

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported the following:
•Council provided direction to staff regarding Closed Session Item 3A. •Council provided direction to its legal counsel regarding Closed Session Items 3B and 3C.
•Council provided direction to its labor negotiators regarding Closed Session Item 3D.
•Council provided direction to its property negotiators regarding Closed Session Items 3E and 3F.

5. PRESENTATIONS AND COMMENDATIONS
Action: presentations were made by Vice Mayor Loera-Diaz and Councilmember Arriola.

A. PRESENTATION OF A PROCLAMATION RECOGNIZING HISPANIC
HERITAGE MONTH - SEPTEMBER 15 - OCTOBER 15, 2024
B. PRESENTATION OF A PROCLAMATION RECOGNIZING THE 50TH

ANNIVERSARY OF THE SOLANO COUNTY, KAPPA OMICRON LAMBDA
CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC.

6. FIRST COMMUNITY FORUM
Speakers: Askari Sowonde, Liat Meitzenheimer, Sherianne Grimm, Sharon M., Mario S., Julia D., Nathaniel M., Yuliana C., Susan H., Irma S., Enrique B., Anna Bergman, Jasmine S., and Azelya A.

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

Regular City Council Meeting Minutes
September 24, 2024
Page | 2

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: moved by Vice Mayor Loera-Diaz and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar (Absent: Arriola).

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

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

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

C. PAYMENT OF CLAIMS: JUNE 2024
Recommendation: Ratify the payment of claims for the period of June 1, 2024, through June 30, 2024.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for June 1-30, 2024.

D. PAYMENT OF CLAIMS: JULY 2024
Recommendation: Ratify the payment of claims for the period of July 1, 2024, through July 31, 2024.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for period of July 1-31, 2024.

E. ADOPT A RESOLUTION ACCEPTING THE ENERGY EFFICIENCY AND

CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER AND
PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO RECOGNIZE THE VOUCHER FUNDS (STEP 1)
Recommendation: Notice and adopt a resolution accepting the Energy Efficiency and Conservation Block Grant formula voucher to be applied to energy efficiency projects in the City of Vallejo.

Contact: Andrew Murray, City Manager (707) 648-4576
[email protected]
Regular City Council Meeting Minutes
September 24, 2024
Page | 3
Action: adopted Resolution No. 24-146 N.C.

F. ADOPT A RESOLUTION APPROVING A CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH ZERO FOODPRINT IN THE AMOUNT OF $189,476 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a Resolution approving a Consultant and Professional Services Agreement with Zero Foodprint in the amount of $189,476 and authorizing the City Manager to execute same.

Contact: Melissa Tigbao,PE, Public Works Director (707) 648-4455 [email protected]
Action: adopted Resolution No. 24-147 N.C.

G. ADOPT A RESOLUTION APPROVING THE HUD-REQUIRED

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR FISCAL YEAR 2023-24 ADDRESSING AFFORDABLE

HOUSING AND COMMUNITY DEVELOPMENT NEEDS IN THE CITY OF

VALLEJO
Recommendation: Adopt a resolution approving the required Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year (FY) 2023- 24 (July 1, 2023, through June 30, 2024) for submission to the U.S. Department of Housing and Urban Development (HUD) by 90 days after the close of the fiscal year.

Contact: Alicia M. Jones, Housing Director (707) 648-4408 [email protected]
Gilian Haen, Assistant City Manager (707) 648-4163
[email protected]
Action: adopted Resolution No. 24-148 N.C.

H. ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FONROCHE LIGHTING AMERICA, INC. IN AN AMOUNT NOT TO EXCEED $700,000 FOR

THE PURCHASE OF SOLAR STREETLIGHT EQUIPMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a resolution approving an agreement with Fonroche Lighting America, Inc. in an amount not-to-exceed $700,000 for the purchase of solar streetlight equipment and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
Action: adopted Resolution No. 24-149 N.C.

I. ADOPT A RESOLUTION APPROVING THE FOLLOWING AGREEMENTS

BETWEEN THE CITY OF VALLEJO AND FIRM FOUNDATION COMMUNITY HOUSING REGARDING THE BROADWAY PROJECT: 1) MEASURE P LOAN AGREEMENT IN THE AMOUNT OF $2,879,665 AND AFFORDABILITY AGREEMENT; 2) FIRST AMENDMENT TO THE ARPA FUND GRANT
AGREEMENT; 3) COUNTY OF SOLANO ARPA GRANT SUBRECIPIENT
AGREEMENT; 4) INFILL INFRASTRUCTURE GRANT SUBRECIPIENT
AGREEMENT; AND 5) OPTION AGREEMENT AND REAL PROPERTY
TRANSFER AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO Regular City Council Meeting Minutes
September 24, 2024
Page | 4

EXECUTE SAME
Recommendation: Adopt a Resolution approving the following agreements between the City of Vallejo and Firm Foundation Community Housing regarding the Broadway Project: 1) Measure P Loan Agreement in the amount of $2,879,665 and Affordability Agreement; 2) First Amendment to the ARPA Fund Grant Agreement; 3) County of Solano ARPA Grant Subrecipient Agreement; 4) Infill Infrastructure Grant Subrecipient Agreement; and 5) Option Agreement and Real Property Transfer Agreement; and authorizing the City Manager to execute same.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Action: adopted Resolution No. 24-150 N.C.

J. ADOPT A RESOLUTION APPROVING AMENDMENT TO THE FY 2024-2025 BUDGET FOR CAMP NEGOTIATIONS (STEP 2)
Recommendation: Adopt a resolution to amend the City's Fiscal Year 2024- 2025 Adopted Budget.

Contact: Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
Action: adopted Resolution No. 24-151 N.C.

K. ADOPT A RESOLUTION APPROVING AMENDMENT TO FISCAL YEAR 2024-25 BUDGET RELATING TO SALARY AND BENEFIT CHANGES FOR UNREPRESENTED EMPLOYEES (STEP 2)
Recommendation: Adopt a resolution to amend the City's Fiscal Year 2024- 2025 Adopted Budget.

Contact: Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
Action: adopted Resolution No. 24-152 N.C.

L. ADOPT A RESOLUTION APPROVING THE SIXTH AMENDMENT TO THE

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS BY AND BETWEEN THE CITY OF VALLEJO AND BLUE

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

THE PARTICIPATION AND PERFORMANCE AGREEMENTS AND

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

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: adopted Resolution No. 24-153 N.C.

9. ACTION CALENDAR
Regular City Council Meeting Minutes
September 24, 2024
Page | 5
A. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE

VALLEJO MUNICIPAL CODE RELATING TO TOBACCO RETAIL

LICENSING AND PROVIDE DIRECTION TO STAFF REGARDING POSSIBLE

MODIFICATIONS TO THE DRAFT ORDINANCE
Recommendation: Consider the proposed Tobacco Retail Licensing Ordinance proposed as Chapter 5.10 of the Vallejo Municipal Code and provide direction to staff regarding any desired modifications to the draft ordinance.

Contact: Veronica A.F. Nebb, City Attorney (707) 648-4545 [email protected]
City Attorney Nebb provided background information, outlined the concerns discussed at the noticed community meetings and the remote meeting regarding transferability, minimum pack sizing and pricing, density (cap on tobacco licenses) and penalties and enforcement, discussed major provisions of the existing TRL ordinance, and concluded the presentation with sharing other ideas as a result of community discussions.

Speakers: Joseph Hayden, Eric Lee, Amaya Wooding, Jimmy Ancira, Paul Matharu, Robin Cox, Klulwinder Bains, Belraj Dhami dhami, Sumir Hayer, Harminder Singh Grewal, Ben Sanhu, Simar Singh, Heidi Wohlwend, Brian Davis, Tehra Martin, Amit Pal, Faqira Mehmi, Will McGarvey, Tracy Nchand, Tino Ratliffe, Blythe Young, Bob Gordon, Carol McGruder, Milo Trejo, Calyn Kelley, and Nef Nefer.

Staff responded to questions from Councilmembers. Councilmembers provided comment and direction to staff.

B. HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE FOR FISCAL YEAR 2024- 25 ESTABLISHING NEW USER FEES FOR CODE ENFORCEMENT
Recommendation: Hold a public hearing and adopt a resolution approving an amendment to the Master Fee Schedule for Fiscal Year 2024-25 establishing new User Fees for Code Enforcement.

Contact: Kristin Pollot, AICP, Director of Planning & Development Services (707) 648-4283
[email protected]
Ruben Rivas (MGT Consultant) provided an introduction of the company, background and project history information, outlined the objectives, shared the study methodology and concluded the presentation with study findings and recommendations.

Mayor McConnell opened the public hearing. There being no speakers, the public hearing was closed.

Action: moved by Vice Mayor Loera-Diaz and carried unanimously to adopt Resolution No. 24-154 N.C.

C. PRESENTATION ON ROLES OF THE CITY COUNCIL AND CITY MANAGER Regular City Council Meeting Minutes
September 24, 2024
Page | 6

IN COUNCIL-MANAGER FORM OF OPERATION AND DISCUSSION OF
CITY COUNCIL’S GOALS FOR CITY MANAGER
Recommendation: Receive a presentation from consultant Joe Gorton of Bob Hall and Associates on the traditional roles of the City Council and the City Manager in a council-manager form of operation and discuss the City Council’s collective goals for and expectations of City Manager Andrew Murray.

Contact: Andrew Murray, City Manager (707) 648-4576
[email protected]
City Manager Murray provided background information and introduced Joe Gorton (Bob Hall & Associates).

Mr. Gorton’s presentation included the following:
•Purpose of the item
•Council/Manager Form of Government
•Role, Authority & Duties of the City Manager
•Role of City Manager vs. role of City Council
•City Council’s performance expectations of City Manager •Near Term Priorities
City Manager Murray provided closing comments.

Councilmembers provided comment.

10. INFORMATION CALENDAR – None.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: None.

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

15. ADJOURNMENT
The meeting adjourned at 12:19 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

Regular City Council Meeting Minutes
September 24, 2024
Page | 7
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.C.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING FOUR PURCHASE AGREEMENTS FOR

PROCUREMENT OF WATER SYSTEM PRODUCTS (PARTS AND SUPPLIES) FOR A COMBINED NOT TO EXCEED AMOUNT OF $1,250,000 FOR THE CITY OF VALLEJO

WATER DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution of the City Council of the City of Vallejo approving four purchase agreements (with Core & Main, Ferguson, Pace, and Underground Republic Water Works, Inc.) for procurement of water system parts and supplies for a combined not-to-exceed amount of $1,250,000 for the City of Vallejo Water Department and authorizing the City Manager to execute the same.

REASONS FOR RECOMMENDATION
The City of Vallejo Water Department has historically utilized multiple companies to procure specialized parts for maintenance and repair of the water system infrastructure. Approving these four purchase agreements will allow the Water Department to secure a reliable and diverse supply of critical components necessary for the ongoing maintenance and repair of the water system. With increasing challenges such as inflation, supply chain disruptions due to global events, and the need to maintain adequate stock levels, having four approved vendors - Core & Main, Ferguson, Pace, and Underground Republic Water Works - will ensure the Department can continue its operations and drinking water service delivery without interruption.

By leveraging multiple vendors, the City benefits from reduced risk of delays in acquiring essential parts from varied sources, as well as potentially better pricing resulting from increased competition among vendors.

These purchase agreements will ensure that routine maintenance and emergency repairs can be completed promptly and efficiently, which is vital for maintaining the City’s water infrastructure and continuing to provide reliable delivery of drinking water to all customers.

BACKGROUND AND DISCUSSION
The City of Vallejo Water Department manages, operates and maintains water treatment plants, reservoirs, pump stations, a de-watering facility, distribution systems, dams, lake systems, and over 10,000 acres of watersheds and rural land, all requiring year-round maintenance and availability of specialty parts and critical components. The department spends approximately $300k annually on a wide range of supplies and parts needed to repair and maintain the water system. Core & Main, Ferguson, Pace, and Underground Republic Water Works, Inc. have been long-term suppliers to the City, providing essential parts. Given the current economic conditions - with historic inflation and ongoing supply chain challenges - it has become increasingly difficult to maintain proper stock levels of necessary parts. (As an example of the dire nature of the current insufficiency in the City's water system parts supply, recently during an emergency repair, parts had to be borrowed from another water agency to avoid customers being out of drinking water for an inordinate amount of time.) Approving the Agreements with these four vendors will mitigate risks and ensure the Water Department can continue its operations efficiently and assure customers of reliable drinking water delivery.

Date: October 8, 2024
Subject: ADOPT A RESOLUTION APPROVING FOUR PURCHASE AGREEMENTS FOR

PROCUREMENT OF WATER SYSTEM PRODUCTS (PARTS AND SUPPLIES) FOR A COMBINED NOT TO EXCEED AMOUNT OF $1,250,000 FOR THE CITY OF

VALLEJO WATER DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 2 ends

Given the ongoing need to rehabilitate and repair the City’s aging water system infrastructure, especially the distribution system, Water staff anticipate expenses exceeding $100,000 in the current fiscal year.

Additionally, rising inflation has significantly increased the cost of many parts and supplies, with prices doubling or even tripling in some cases. The following is a general list of essential water system parts to purchased; however, it is not exhaustive:
• Adapters
• Adaptors/spools
• Backflow prevention devices
• Bends
• Bends flared/comp fitting
• Bolts (metal or other)
• Bushings
• Caps & plugs
• Clamps (repair)
• Corp stops
• Couplings
• Fixtures and parts
• Flanges
• Gaskets
• Hydrants (fire)
• Industrial equipment (not construction)
• Irrigation systems
• Meter boxes and valve boxes
• Pipes (brass, copper, galvanized, iron, plastic C-900, steel) • Plumbing brass
• Reducers
• Saddles, sleeves, straps
• Valves (brass & copper, gate/butterfly/check)

The procurement of over fifty different specialized parts makes a formal bidding process impractical. Due to the varying sizes and specifications of parts, preparing an exhaustive list for vendors to submit proposals would be highly challenging. Instead, Water staff have contacted multiple vendors to solicit informal bids, and staff have chosen the four selected vendors based on the prompt availability of their parts, competitive pricing, and status as local businesses. In this context, staff requests that the City Council approve all four purchase agreements without formal bid requirements, finding that formal bidding is impractical as set forth in Vallejo Municipal Code Section 3.20.090.A.3 and that the proposed purchases without formal bidding are in the best interest of the City as set forth in Section 3.20.090.A.12.

FISCAL IMPACT
There are sufficient funds in the current FY24-25 Water Enterprise budget to cover the expense of these purchase agreements for procurement of parts and supplies. These agreements are within the Water Enterprise Fund, and there is no fiscal impact on the General Fund.

Date: October 8, 2024
Subject: ADOPT A RESOLUTION APPROVING FOUR PURCHASE AGREEMENTS FOR

PROCUREMENT OF WATER SYSTEM PRODUCTS (PARTS AND SUPPLIES) FOR A COMBINED NOT TO EXCEED AMOUNT OF $1,250,000 FOR THE CITY OF

VALLEJO WATER DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 3 ends

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, pursuant to CEQA Guideline section 15061(b)(3) (the “common sense” exemption).

ATTACHMENTS

1. Water Parts Agreements_Resolution_9.24.24 CAO Stamp

2. URWW - Parts Purchase Agreement CAO Stamp

3. Pace Supply - Parts Purchase Agreement -- CAO Stamp

4. Ferguson - Parts Purchase Agreement CAO Stamp

5. Core Main - Parts Purchase Agreement -- CAO Stamp

CONTACT
Beth Schoenberger, Water Director
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-________

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

PURCHASE AGREEMENTS FOR PROCUREMENT OF WATER SYSTEM PARTS AND SUPPLIES FOR A COMBINED NOT-TO-EXCEED AMOUNT OF $1,250,000 FOR THE CITY

OF VALLEJO WATER DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME
WHEREAS, the City of Vallejo Water Department oversees the maintenance of water treatment plants, reservoirs, pump stations, distribution systems, dams, lake systems, and rural land, all of which require year-round maintenance and specialized supplies; and WHEREAS, the Water Department has historically utilized multiple vendors to procure specialized water system parts for routine and emergency repairs; and WHEREAS, the current economic climate, characterized by historic inflation and ongoing supply chain disruptions, has made it increasingly difficult to maintain adequate stock levels of necessary parts; and
WHEREAS, staff recommends approving parts purchase agreements with Core & Main, Ferguson, Pace, and Underground Republic Water Works for a combined not-to-exceed amount of $1,250,000 will ensure the continued availability of critical parts and supplies necessary for both routine operations and emergency repairs.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby finds that formal bidding requirements are impractical as set forth in Vallejo Municipal Code Section

3.20.090.A.3 due to the varied nature of the parts required and that the proposed purchases without formal bidding are in the best interest of the City as set forth in Section 3.20.090.A.12.

BE IT FURTHER RESOLVED that the City Council hereby approves the following Purchase Agreements:

Core & Main LP $500,000.00
Underground Republic Water Works, Inc. $250,000.00
Pace Supply Corp. $250,000.00
Ferguson Enterprises LLC $250,000.00
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute each of the above Purchase Agreements.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 8, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Parts Purchase Agreement 1
Approved as to form:

By: for
Veronica Nebb, City Attorney

PLUMBING SUPPLY PURCHASE AGREEMENT
This Plumbing Supply Purchase Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 11th day of September 2024, by and between the City of Vallejo, a municipal corporation (the “City”), and Underground Republic Water Works, Inc., a California corporation (the “Vendor”), who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City plumbing supply products (the “Products”) as specified in Exhibit A, entitled “Plumbing Supply Products.”

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

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

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

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

5. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall Parts Purchase Agreement 2
be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

6. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the Products to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.

7. Licenses, Permits, Etc. Vendor represents and warrants to City that all Products shall be provided by a person or persons duly licensed by the State of California to provide the type of products to be provided under this Agreement if so required by federal, state or local law.

8. Business License. Vendor, and its subcontractors, have obtained, or agree to apply prior to providing any Products under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

9. Standard of Performance. Vendor shall provide all Products required pursuant to this Agreement in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently operating in California.

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

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

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

Parts Purchase Agreement 3
In the event that the Vendor is unable to meet any applicable delivery deadlines, Vendor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

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

12. Term. The term of this Agreement shall commence upon issuance of a purchase order and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any Products supplied to City under this Agreement, and relieve City of any further obligation therefore.

13. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall not provide Products except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Vendor for Products delivered in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all Products and termination occurs before complete delivery of the Products, the price for Products shall be based on an amount mutually agreed to by City and Vendor for the portion of delivered prior to termination in conformance with this Agreement. The City shall not be liable for any costs associated with the termination of the Agreement except as set forth herein.

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

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

Parts Purchase Agreement 4

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

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

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

If to City: Beth Schoenberger
Water Director
City of Vallejo Water Department
202 Fleming Hill Rd.

Vallejo, CA 94589
If to Vendor: Kurt Vincellette
President
Underground Republic Water Works, Inc.
1175 Campbell Ave.

San Jose, CA 95126
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

Parts Purchase Agreement 5

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

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

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

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

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

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

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

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

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

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

35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person Parts Purchase Agreement 6
transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Plumbing Supply Products,” including any attachments; Exhibit B, entitled “Compensation,” including any attachments; Exhibit C, entitled “Insurance Requirements,” including attachments; [SIGNATURES ON FOLLOWING PAGE]
Parts Purchase Agreement 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

UNDERGROUND REPUBLIC WATER
WORKS, INC.,
a California corporation
By:

Kurt Vincellette
President
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew J. Murray
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

By:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

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

By:

Armond Sarkis
Risk Manager
Parts Purchase Agreement Page 1 of 3
Exhibit A

EXHIBIT A
Parts

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

John Manrique
Administrative Manager
Water Department
111 Amador Street
Vallejo, CA 94590
(707) 246-2626
[email protected]
The Vendor’s Representative for this Agreement is:

Joe Aliotti
Sales
Underground Republic Water Works, Inc.
1175 Campbell Ave.

San Jose, CA 95126
(925) 655-7416
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor’s Representative and City’s Representative.

2. Products to be Provided. The vendor shall supply general plumbing supplies commonly used by the City of Vallejo Water Department including, but not limited to, the following Products:

Pipe
•Brass Pipe
•Copper Tubing
•Ductile Iron Pipe
•Galvanized Steel Pipe
•HDPE Service Tubing
•PVC C-900 Pipe
•PVC C-905 Pipe
•PVC Sch40 Pipe
•PVC Sch80 Pipe
Fittings
Parts Purchase Agreement Page 2 of 3
Exhibit A
•Copper Fittings
•Ductile Iron Fittings
•Galvanized Fittings
•PVC C-900 Fittings
•PVC Sch40 Fittings
•PVC Sch80 Fittings
•Service Brass Fittings
•Service Saddles
•Threaded Brass Fittings
Valves
•Air Valves
•Backflow Valves
•Brass Valves
•Butterfly Valves
•Check Valves
•Control Valves
•Plug Valves
•Pressure Reducing Valves
•Resilient Wedge Gate Valves
•Service Brass
oBall Valves
oCorp Stops
oCurb Stops
oMeter Valves
Pipe Products
•Couplings
oFlanged
oRestrained
oTransition
oWide Range
•Detectable Tape
•Joint Restraints
•Polywrap
•Repair Clamps
•Tapping Sleeves
•Tracer Wire
•Valve Boxes
Miscellaneous
•Brass Pipe & Fittings
•Couplings
oFlanged
oRestrained
Parts Purchase Agreement Page 3 of 3
Exhibit A
oTransition
oWide Range
•Ductile Iron Fittings
•Ductile Iron Pipe
•Ductile Iron Spools
•Galvanized Pipe & Fittings
•Joint Restraints
•PVC C-900 Pipe
•Repair Clamps
•Tapping Sleeves
•Valve Boxes
•Check valves
•Fire Department connections
•Fire hose fittings
•Fire Hydrants
•Post indicators
•Resilient gate valves
•Backflows
•Grooved fittings
•Grooved pipe
•Tamer switches
•Water meters
•General Plumbing Supplies
The Water Department shall place orders for Products on an as-needed basis.

Orders shall be placed either online, by email, in person or by telephone. Each individual order shall require a purchase order as set forth in Exhibit B.

Parts Purchase Agreement Page 1 of 2
Exhibit B

EXHIBIT B
Compensation

1.Vendor’s Compensation. City agrees to pay Vendor, at a discounted rate at the time of ordering specified below, for those products set forth in Exhibit A of this Agreement, for a total not-to-exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00).
a) The City shall receive a minimum 10% discount on the listed price at the time of ordering.
b) Product pricing will be quoted prior to purchase and, if agreed upon, a purchase order will be issued.
c) All prices shall be FOB Destination.

2.Invoicing. In order to expedite payment, all submitted invoices must be itemized as to quantity, unit price, part number, description, grand total, and applicable discount (if any). In addition, invoices must show the name of the department, address to which the parts were delivered, and the City of Vallejo Purchase Order Number. Invoices may be submitted by personal delivery, mail, or electronic mail. Invoices may be sent to:

Personal Delivery or Mail:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Electronic Mail:
[email protected]

3.Packing Slips. Delivery tickets and packing slips will contain the same information as invoices. All packing slips and/or delivery tickets must include the receiving employee’s signature and printed name.

4.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the Products, whichever occurs later.

Request for payment shall be sent to:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Parts Purchase Agreement Page 2 of 2
Exhibit B

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

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

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

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

Parts Purchase Agreement Page 1 of 2
Exhibit C

EXHIBIT C

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

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

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

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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

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

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

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

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

Parts Purchase Agreement Page 2 of 2
Exhibit C
B. For any claims related to the parts provided pursuant to this Agreement, the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers, shall be excess of the Vendor's insurance and shall not contribute with it.

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

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

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

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

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

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

Parts Purchase Agreement 1
Approved as to form:

By: for
Veronica Nebb, City Attorney

PLUMBING SUPPLY PURCHASE AGREEMENT
This Plumbing Supply Purchase Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 11th day of September 2024, by and between the City of Vallejo, a municipal corporation (the “City”), and Pace Supply Corp., a California corporation (the “Vendor”), who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City plumbing supply products (the “Products”) as specified in Exhibit A, entitled “Plumbing Supply Products.”

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

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

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

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

5. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall Parts Purchase Agreement 2
be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

6. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the Products to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.

7. Licenses, Permits, Etc. Vendor represents and warrants to City that all Products shall be provided by a person or persons duly licensed by the State of California to provide the type of products to be provided under this Agreement if so required by federal, state or local law.

8. Business License. Vendor, and its subcontractors, have obtained, or agree to apply prior to providing any Products under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

9. Standard of Performance. Vendor shall provide all Products required pursuant to this Agreement in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently operating in California.

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

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

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

Parts Purchase Agreement 3
In the event that the Vendor is unable to meet any applicable delivery deadlines, Vendor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

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

12. Term. The term of this Agreement shall commence upon issuance of a purchase order and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any Products supplied to City under this Agreement, and relieve City of any further obligation therefore.

13. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall not provide Products except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Vendor for Products delivered in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all Products and termination occurs before complete delivery of the Products, the price for Products shall be based on an amount mutually agreed to by City and Vendor for the portion of delivered prior to termination in conformance with this Agreement. The City shall not be liable for any costs associated with the termination of the Agreement except as set forth herein.

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

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

Parts Purchase Agreement 4

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

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

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

If to City: Beth Schoenberger
Water Director
City of Vallejo Water Department
202 Fleming Hill Rd.

Vallejo, CA 94589
If to Vendor: Rhett Paro
North Bay Waterworks
Pace Supply Corp.
3033 Dutton Ave.

Santa Rosa, CA 95407
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

Parts Purchase Agreement 5

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

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

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

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

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

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

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

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

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

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

35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person Parts Purchase Agreement 6
transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Plumbing Supply Products,” including any attachments; Exhibit B, entitled “Compensation,” including any attachments; Exhibit C, entitled “Insurance Requirements,” including attachments; [SIGNATURES ON FOLLOWING PAGE]
Parts Purchase Agreement 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

PACE SUPPLY CORP.,
a California corporation
By:

Scott Groves
Waterworks Division Manager
DATE:
11714527
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew J. Murray
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

By:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

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

By:

Armond Sarkis
Risk Manager
Parts Purchase Agreement Page 1 of 2
Exhibit A

EXHIBIT A
Parts

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

John Manrique
Administrative Manager
Water Department
111 Amador Street
Vallejo, CA 94590
(707) 246-2626
[email protected]
The Vendor’s Representative for this Agreement is:

Rhett Paro
North Bay Waterworks Manager
Pace Supply Corp.
3033 Dutton Ave.

Santa Rosa, CA 95407
(707) 291-9239
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor’s Representative and City’s Representative.

2. Products to be Provided. The vendor shall supply general plumbing supplies commonly used by the City of Vallejo Water Department including, but not limited to, the following Products:

ADAPTERS INDUST.EQUIP(NOT CONSTR.)

ADAPTORS/SPOOLS IRRIGATION SYSTEMS

BACKFLOW PREVENTION DEVICE METER BOXES & VALVE BOX

BENDS PIPE, BRASS

BENDS FLARED/COMP FITTING PIPE, COPPER

BOLTS, METAL OR OTHER PIPE, GALVANIZED FITTINGS

BUSHINGS PIPE, IRON
CAPS & PLUGS PIPE, PLASTIC C-900

CLAMPS, REPAIR PIPE, STEEL

CORP STOPS PLUMBING BRASS
COUPLINGS PVC SCH 80 FITTINGS

FIXTURES AND PARTS REDUCERS

FLANGED X PLAIN END SADDLES, SLEEVES, STRAPS
Parts Purchase Agreement Page 2 of 2
Exhibit A

FLANGES, GLANDS, MEGA LUG TEES (OTHER THAN STEEL)
GASKETS, MAT’L ALL TYPES VALVES, BRASS & COPPER

HYDRANTS, FIRE VALVES, GATE/BUTERFLY/CK

GENERAL PLUMBING SUPPLIES
The Water Department shall place orders for Products on an as-needed basis.

Orders shall be placed either online, by email, in person or by telephone. Each individual order shall require a purchase order as set forth in Exhibit B.

Parts Purchase Agreement Page 1 of 2
Exhibit B

EXHIBIT B
Compensation

1.Vendor’s Compensation. City agrees to pay Vendor, at a discounted rate at the time of ordering specified below, for those products set forth in Exhibit A of this Agreement, for a total not-to-exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00).
a) The City shall receive a minimum 10% discount on the listed price at the time of ordering.
b) Product pricing will be quoted prior to purchase and, if agreed upon, a purchase order will be issued.
c) All prices shall be FOB Destination.

2.Invoicing. In order to expedite payment, all submitted invoices must be itemized as to quantity, unit price, part number, description, grand total, and applicable discount (if any). In addition, invoices must show the name of the department, address to which the parts were delivered, and the City of Vallejo Purchase Order Number. Invoices may be submitted by personal delivery, mail, or electronic mail. Invoices may be sent to:

Personal Delivery or Mail:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Electronic Mail:
[email protected]

3.Packing Slips. Delivery tickets and packing slips will contain the same information as invoices. All packing slips and/or delivery tickets must include the receiving employee’s signature and printed name.

4.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the Products, whichever occurs later.

Request for payment shall be sent to:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Parts Purchase Agreement Page 2 of 2
Exhibit B

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

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

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

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

Parts Purchase Agreement Page 1 of 2
Exhibit C

EXHIBIT C

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

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

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

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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

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

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

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

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

Parts Purchase Agreement Page 2 of 2
Exhibit C
B. For any claims related to the parts provided pursuant to this Agreement, the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers, shall be excess of the Vendor's insurance and shall not contribute with it.

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

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

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

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

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

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

Parts Purchase Agreement 1
Approved as to form:

By: for
Veronica Nebb, City Attorney

PLUMBING SUPPLY PURCHASE AGREEMENT
This Plumbing Supply Purchase Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 11th day of September 2024, by and between the City of Vallejo, a municipal corporation (the “City”), and Ferguson Enterprises LLC, a Virginia limited liability corporation, DBA Ferguson Industrial, (the “Vendor”), who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City plumbing supply products (the “Products”) as specified in Exhibit A, entitled “Plumbing Supply Products.”

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

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

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

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

5. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall Parts Purchase Agreement 2
be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

6. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the Products to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.

7. Licenses, Permits, Etc. Vendor represents and warrants to City that all Products shall be provided by a person or persons duly licensed by the State of California to provide the type of products to be provided under this Agreement if so required by federal, state or local law.

8. Business License. Vendor, and its subcontractors, have obtained, or agree to apply prior to providing any Products under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

9. Standard of Performance. Vendor shall provide all Products required pursuant to this Agreement in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently operating in California.

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

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

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

Parts Purchase Agreement 3
In the event that the Vendor is unable to meet any applicable delivery deadlines, Vendor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

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

12. Term. The term of this Agreement shall commence upon issuance of a purchase order and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any Products supplied to City under this Agreement, and relieve City of any further obligation therefore.

13. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall not provide Products except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Vendor for Products delivered in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all Products and termination occurs before complete delivery of the Products, the price for Products shall be based on an amount mutually agreed to by City and Vendor for the portion of delivered prior to termination in conformance with this Agreement. The City shall not be liable for any costs associated with the termination of the Agreement except as set forth herein.

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

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

Parts Purchase Agreement 4

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

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

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

If to City: Beth Schoenberger
Water Director
City of Vallejo Water Department
202 Fleming Hill Rd.

Vallejo, CA 94589
If to Vendor: Mike Adkins
Municipal Sales Manager - California
Ferguson Enterprises, LLC, DBA Ferguson
Industrial
751 Lakefront Commons
Newport News, VA 23606
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

Parts Purchase Agreement 5

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

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

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

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

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

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

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

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

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

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

35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person Parts Purchase Agreement 6
transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Plumbing Supply Products,” including any attachments; Exhibit B, entitled “Compensation,” including any attachments; Exhibit C, entitled “Insurance Requirements,” including attachments; [SIGNATURES ON FOLLOWING PAGE]
Parts Purchase Agreement 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

FERGUSON ENTERPRISES, LLC,
a Virginia limited liability corporation, DBA

FERGUSON INDUSTRIAL
By:

Mike Adkins
Municipal Sales Manager - California
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew J. Murray
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

By:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

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

By:

Armond Sarkis
Risk Manager
Parts Purchase Agreement Page 1 of 2
Exhibit A

EXHIBIT A
Parts

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

John Manrique
Administrative Manager
Water Department
111 Amador Street
Vallejo, CA 94590
(707) 246-2626
[email protected]
The Vendor’s Representative for this Agreement is:

John Gonzalez
Municipal Outside Sales
Ferguson Enterprises, LLC DBA Ferguson Industrial
27750 Industrial Blvd
Hayward, CA 94545
(916) 626-7422
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor’s Representative and City’s Representative.

2. Products to be Provided. The vendor shall supply general plumbing supplies commonly used by the City of Vallejo Water Department including, but not limited to, the following Products:

ADAPTERS METERS AND TOOLS

BACKFLOW PREVENTER METER BOXES & VALVE BOX

BENDS FLARED/COMP FITTING PIPE, BRASS

BUSHINGS PIPE, COPPER
REPAIR CLAMPS PIPE, PLASTIC C-900

CORP STOPS PLUMBING BRASS

COUPLINGS PPE

FITTINGS, PARTS, KITS SADDLES, SLEEVES, STRAPS

FLANGES, PLAIN END TECHNOLOGY

FLANGES, GLANDS, MEGA LUG TUBING, PLASTIC, & PVC

IRRIGATION SYSTEMS VALVES, BRASS & COPPER
Parts Purchase Agreement Page 2 of 2
Exhibit A
The Water Department shall place orders for Products on an as-needed basis.

Orders shall be placed either online, by email, in person or by telephone. Each individual order shall require a purchase order as set forth in Exhibit B.

Parts Purchase Agreement Page 1 of 2
Exhibit B

EXHIBIT B
Compensation

1.Vendor’s Compensation. City agrees to pay Vendor, at a discounted rate at the time of ordering specified below, for those products set forth in Exhibit A of this Agreement, for a total not-to-exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00).
a) The City shall receive a minimum 10% discount on the listed price at the time of ordering.
b) Product pricing will be quoted prior to purchase and, if agreed upon, a purchase order will be issued.
c) All prices shall be FOB Destination.

2.Invoicing. In order to expedite payment, all submitted invoices must be itemized as to quantity, unit price, part number, description, grand total, and applicable discount (if any). In addition, invoices must show the name of the department, address to which the parts were delivered, and the City of Vallejo Purchase Order Number. Invoices may be submitted by personal delivery, mail, or electronic mail. Invoices may be sent to:

Personal Delivery or Mail:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Electronic Mail:
[email protected]

3.Packing Slips. Delivery tickets and packing slips will contain the same information as invoices. All packing slips and/or delivery tickets must include the receiving employee’s signature and printed name.

4.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the Products, whichever occurs later.

Request for payment shall be sent to:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Parts Purchase Agreement Page 2 of 2
Exhibit B

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

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

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

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

Parts Purchase Agreement Page 1 of 2
Exhibit C

EXHIBIT C

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

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

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

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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

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

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

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

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

Parts Purchase Agreement Page 2 of 2
Exhibit C
B. For any claims related to the parts provided pursuant to this Agreement, the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers, shall be excess of the Vendor's insurance and shall not contribute with it.

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

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

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

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

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

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

Parts Purchase Agreement 1
Approved as to form:

By: for
Veronica Nebb, City Attorney

PLUMBING SUPPLY PURCHASE AGREEMENT
This Plumbing Supply Purchase Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 11th day of September 2024, by and between the City of Vallejo, a municipal corporation (the “City”), and Core & Main LP, a Florida limited partnership (the “Vendor”), who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City plumbing supply products (the “Products”) as specified in Exhibit A, entitled “Plumbing Supply Products.”

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

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

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

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

5. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall Parts Purchase Agreement 2
be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

6. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the Products to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.

7. Licenses, Permits, Etc. Vendor represents and warrants to City that all Products shall be provided by a person or persons duly licensed by the State of California to provide the type of products to be provided under this Agreement if so required by federal, state or local law.

8. Business License. Vendor, and its subcontractors, have obtained, or agree to apply prior to providing any Products under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

9. Standard of Performance. Vendor shall provide all Products required pursuant to this Agreement in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently operating in California.

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

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

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

Parts Purchase Agreement 3
In the event that the Vendor is unable to meet any applicable delivery deadlines, Vendor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

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

12. Term. The term of this Agreement shall commence upon issuance of a purchase order and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any Products supplied to City under this Agreement, and relieve City of any further obligation therefore.

13. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall not provide Products except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Vendor for Products delivered in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all Products and termination occurs before complete delivery of the Products, the price for Products shall be based on an amount mutually agreed to by City and Vendor for the portion of delivered prior to termination in conformance with this Agreement. The City shall not be liable for any costs associated with the termination of the Agreement except as set forth herein.

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

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

Parts Purchase Agreement 4

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

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

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

If to City: Beth Schoenberger
Water Director
City of Vallejo Water Department
202 Fleming Hill Rd.

Vallejo, CA 94589
If to Vendor: Scott Silverthorn
Municipal Sales
Core & Main, LP
3486 Investment Blvd., Suite A
Hayward, CA 94545
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

Parts Purchase Agreement 5

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

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

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

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

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

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

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

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

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

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

35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person Parts Purchase Agreement 6
transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Plumbing Supply Products,” including any attachments; Exhibit B, entitled “Compensation,” including any attachments; Exhibit C, entitled “Insurance Requirements,” including attachments; [SIGNATURES ON FOLLOWING PAGE]
Parts Purchase Agreement 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CORE & MAIN, LP
a Florida limited partnership
By:

Scott Silverthorn
Municipal Sales
DATE:
11701125
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew J. Murray
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

By:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

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

By:

Armond Sarkis
Risk Manager
Parts Purchase Agreement Page 1 of 2
Exhibit A

EXHIBIT A
Parts

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

John Manrique
Administrative Manager
Water Department
111 Amador Street
Vallejo, CA 94590
(707) 246-2626
[email protected]
The Vendor’s Representative for this Agreement is:

Scott Silverthorn
Municipal Sales
Core & Main, LP
3486 Investment Blvd., Suite A
Hayward, CA 94545
(510) 244-5858
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor’s Representative and City’s Representative.

2. Products to be Provided. The vendor shall supply general plumbing supplies commonly used by the City of Vallejo Water Department including, but not limited to, the following Products:

ADAPTERS IRRIGATION SYSTEMS

BACKFLOW PREVENTER METER BOXES & VALVE BOX

BENDS FLARED/COMP FITTING PIPE, BRASS

BUSHINGS PIPE, COPPER
REPAIR CLAMPS PIPE, PLASTIC C-900

CORP STOPS PLUMBING BRASS

COUPLINGS SADDLES, SLEEVES, STRAPS

FITTINGS, PARTS, KITS TUBING, PLASTIC, & PVC

FLANGES, PLAIN END VALVES, BRASS & COPPER

FLANGES, GLANDS, MEGA LUG GENERAL PLUMBING SUPPLIES
Parts Purchase Agreement Page 2 of 2
Exhibit A
The Water Department shall place orders for Products on an as-needed basis.

Orders shall be placed either online, by email, in person or by telephone. Each individual order shall require a purchase order as set forth in Exhibit B.

Parts Purchase Agreement Page 1 of 2
Exhibit B

EXHIBIT B
Compensation

1.Vendor’s Compensation. City agrees to pay Vendor, at a discounted rate at the time of ordering specified below, for those products set forth in Exhibit A of this Agreement, for a total not-to-exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00).
a) The City shall receive a minimum 10% discount on the listed price at the time of ordering.
b) Product pricing will be quoted prior to purchase and, if agreed upon, a purchase order will be issued.
c) All prices shall be FOB Destination.

2.Invoicing. In order to expedite payment, all submitted invoices must be itemized as to quantity, unit price, part number, description, grand total, and applicable discount (if any). In addition, invoices must show the name of the department, address to which the parts were delivered, and the City of Vallejo Purchase Order Number. Invoices may be submitted by personal delivery, mail, or electronic mail. Invoices may be sent to:

Personal Delivery or Mail:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Electronic Mail:
[email protected]

3.Packing Slips. Delivery tickets and packing slips will contain the same information as invoices. All packing slips and/or delivery tickets must include the receiving employee’s signature and printed name.

4.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the Products, whichever occurs later.

Request for payment shall be sent to:

Vallejo Water Department
Accounts Payable
202 Fleming Hill Rd.

Vallejo, CA 94589
Parts Purchase Agreement Page 2 of 2
Exhibit B

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

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

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

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

Parts Purchase Agreement Page 1 of 2
Exhibit C

EXHIBIT C

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

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

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

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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

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

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

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

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

Parts Purchase Agreement Page 2 of 2
Exhibit C
B. For any claims related to the parts provided pursuant to this Agreement, the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers, shall be excess of the Vendor's insurance and shall not contribute with it.

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

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

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

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

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

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

CONSENT CALENDAR 8.D.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: ISSUE A PROCLAMATION DECLARING OCTOBER 2024 AS CYBERSECURITY

AWARENESS MONTH

RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation declaring October 2024, as Cybersecurity Awareness Month.

REASONS FOR RECOMMENDATION
The City of Vallejo has annually recognized Cybersecurity Awareness Month. It brings awareness to the public about protecting internet connected devices and services from malicious attacks

BACKGROUND AND DISCUSSION
This annual proclamation acts as a public service announcement to educate the public about the importance of online safety and protecting data from cybercrime. The President of the United States and Congress, since 2004, have declared the month of October to be Cybersecurity Awareness Month, a dedicated month for the public and private sectors to work together to raise awareness about the importance of cybersecurity.

In the last two decades it has grown into a collaborative effort between government and industry to enhance cybersecurity awareness, encourage actions by the public to reduce online risk and generate discussion on cyber threats on a national and global scale. October 2024 commemorates the twenty first Cybersecurity Awareness Month.

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. 10082024 PROCLAMATION DECLARING CYBERSECURITY AWARENESS MONTH OCTOBER 2024

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

CONSENT CALENDAR 8.E.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Assistant Public Works Director
Sidney Wilson, Administrative Analyst
SUBJECT: ADOPT A RESOLUTION AMENDING THE CAPITAL GRANT AND CONTRIBUTION FUND #221 FOR FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $164,850 TO

RECOGNIZE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER FUNDS (STEP 2)

RECOMMENDATION
Adopt a resolution amending the budget to accept the Energy Efficiency and Conservation Block Grant formula voucher to be applied to energy efficiency projects in the City of Vallejo.

REASONS FOR RECOMMENDATION
It is recommended that Vallejo take advantage of the EECBG Program formula voucher, which allows for equipment rebates to be used for the purchase and installation of energy-related equipment. This equipment can span a wide array of technologies deployed to lower fossil fuel use or increase energy efficiency.

BACKGROUND AND DISCUSSION
Legislative History
The Energy Efficiency and Conservation Block Grant (EECBG) Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended, and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program must comply with applicable laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200 and 2 CFR Part 910 and Section 40552 of IIJA.

Scope
Funding for the EECBG Program comes from the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL).

Purpose
The purpose of the EECBG Program is to assist eligible state, local, and tribal governments (collectively referred to as “eligible entities”) in implementing strategies to:
• Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; • Reduce the total energy use of the eligible entities; • Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors;
• Build a clean and equitable energy economy that prioritizes disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities, consistent with the Justice40 Initiative.

Date: October 8, 2024
Subject: ADOPT A RESOLUTION AMENDING THE CAPITAL GRANT AND CONTRIBUTION FUND #221 FOR FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $164,850 TO

RECOGNIZE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER FUNDS (STEP 2)

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These stated purposes describe the overall intent of the EECBG Program. Entities may develop various programs and projects that address one or more of the purposes and each activity an entity undertakes is not required to meet all the stated purposes. Entities may choose from a range of eligible activities, as defined in Section 544 of EISA3 as amended by Section 40552(a) of the IIJA (Public Law 117-58).

DOE updated this guidance from the version issued in 2011 (EECBG Program Notice 10-021) to reflect the changes Congress made to EISA when it signed IJJA into law. This updated version provides guidance to EECBG Program grantees regarding the types of eligible activities that are considered allowable use of funds under one or more of the 14 eligible activity categories for the EECBG Program.4 Recipients of EECBG Program grants (including entities receiving sub-grants) or vouchers can use this guidance to determine eligible activities that support EECBG Program goals and implementation strategies. The guidance also identifies activities that are prohibited or where limitations on use of funds exist, as established by the EECBG statute or determined by DOE. This guidance is not intended to be exhaustive.

In general, the overall objective of each eligible activity should be the attainment of, or the plan to attain, increased energy efficiency and conservation, or fossil fuel reduction. These activities should bear in mind an equitable distribution of community investment and projects serving disadvantaged communities, in line with the Justice40 Initiative. Projects related to regular maintenance or repairs are not eligible.

Formula Grant
• The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), Sec. 40552 provides $550 million for EECBG Program for fiscal year 2022, to remain available until expended. DOE will distribute $440 million in formula and competitive EECBG Program funding to eligible units of local government, states, and Indian tribes. • Of the amount appropriated by IIJA, DOE will allocate funds as prescribed in section 543 of EISA:
o 34% to eligible units of local government-alternative 1 through formula grants o 34% to eligible units of local government-alternative 2 through formula grants o 28% to states through formula grants
o 2% to Indian tribes through formula grants; and
o 2% for competitive grants to ineligible local governments and Indian tribes. • IIJA allocations for EECBG Program direct formula awards from the DOE are based on the following funding amounts:
o $299,200,000 for formula awards to eligible units of local government o $149,600,000 to eligible units of local government-alternative 1 o $149,600,000 to eligible units of local government-alternative 2 • $123,200,000 for formula awards to states
o Each state (except for those noted as exempt in section 6.3 E.) is required to pass not less than 60% of its allocation through to cities and counties within the state that are ineligible for direct formula grants from DOE
Date: October 8, 2024
Subject: ADOPT A RESOLUTION AMENDING THE CAPITAL GRANT AND CONTRIBUTION FUND #221 FOR FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $164,850 TO

RECOGNIZE THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER FUNDS (STEP 2)

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• $8,800,00 for formula grants to eligible Indian tribes • See the Federal Register Notice 2022-13859 issued on June 29, 2022, for the allocation process.

The City of Vallejo's allocation is $164,850.

Voucher Eligible Activities
Vouchers can be used for technical assistance services and/or rebates for equipment purchases and installation. Technical assistance and equipment purchases procured with a voucher must fall within the 14 eligible use categories of the EECBG Program as established in the Energy Independence and Security Act of 2007 (EISA)2 and expanded in the Infrastructure Investment and Jobs Act of 2021 (IIJA).

City of Vallejo’s Proposed Project
The City of Vallejo proposed a solar streetlight replacement plan on Tennessee Street, replacing old streetlights with LED upgrades. Vallejo applied for the $164,850 EECBG formula voucher on April 13th, 2024, and received notice of the award on May 23rd, 2024.

The EECBG Program allows for equipment rebates to be used for the purchase and installation of energy- related equipment which can span a wide array of technologies deployed for the purpose of lowering fossil fuel use or increasing energy efficiency.

FISCAL IMPACT
Approval of the budget amendment will increase the Capital Grant and Contribution Fund# 221 budget for revenue and expenditure by $164,850 for Infrastructure Investment and Jobs Act (IIJA) grant, which must be spent within two years. The City is not required to provide a dollar-for-dollar match.

ENVIRONMENTAL REVIEW
This voucher will be used to increase Vallejo's energy efficiency.

ATTACHMENTS

1. EECBG Reso - Step Two - 2024.09.27 CAO Stamp

2. Equipment Rebate Terms and Conditions

3. Vallejo IIJA EECBG Strategy 2-1-24 Final

4. Proposed lights for Vallejo

5. EECBG Pre-Award_Information_Sheet FINAL(2)

CONTACT
Andrew Murray, City Manager (707) 648-4576
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE CAPITAL GRANT AND CONTRIBUTION FUND #221 FOR FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $164,850 TO RECOGNIZE

THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG)

PROGRAM VOUCHER FUNDS
WHEREAS, the EECBG Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, reduce fossil fuel emissions, and improve energy efficiency; and
WHEREAS, awards will further the innovation by states and local governments seeking to implement high-impact and self-sustaining clean energy projects; and WHEREAS, disadvantaged Communities (DACs) have too long faced disinvestment and underinvestment, the EECBG Program, a Justice40-covered program, contributes to the clean air discrepancy; and
WHEREAS, the City of Vallejo applied for the EECBG Voucher on April 13th, 2024, and received notice of the award on May 23rd, 2024; and
WHEREAS, the City Council approved and authorized application and acceptance of the voucher funds on September 24, 2024 and provided notice of intent to amend the FY 2024-2025 Budget; and
NOW, THEREFORE BE IT RESOLVED, that the Council hereby amends the Capital Grant and Contribution Fund #221 budget for Fiscal Year 2024-25 by increasing revenues and expenditures in the amount of $164,850 to accept the Department of Energy Efficiency and Conservation Block Grant Program Voucher Funds. Adopted by the City Council of the City of Vallejo at a regular meeting held on September 24, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Template Version 12/19/2023
EECBG Program
Special Terms and Conditions

Special Terms and Conditions

Entity Name:___________________________________ (“Recipient”), which is identified in the Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award.

This Award consists of the following documents, including all terms and conditions therein:

Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1 Attachment 2 NEPA Determination2

The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov
.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp
.
• The Recipient’s application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).

1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal

Special Terms and Conditions

2 Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4 Term 1. Legal Authority and Effect ....................................................................................................................... 4 Term 2. Flow Down Requirement ........................................................................................................................ 4 Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4 Term 5. Federal Stewardship ................................................................................................................................ 4 Term 6. NEPA Requirements ................................................................................................................................ 4 Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5 Term 8. Reporting Requirements ......................................................................................................................... 5 Term 9. Lobbying ................................................................................................................................................... 5 Term 10. Publications ............................................................................................................................................. 5 Term 11. No-Cost Extension ................................................................................................................................... 6 Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6 Term 14. Real Property ........................................................................................................................................... 7 Term 15. Equipment ............................................................................................................................................... 7 Term 16. Supplies .................................................................................................................................................... 8 Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8 Term 19. Audits ....................................................................................................................................................... 8 Term 20. Indemnity ................................................................................................................................................. 9 Term 21. Foreign National Participation ................................................................................................................ 9 Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9 Subpart B. Financial Provisions ....................................................................................................................... 10 Term 23. Maximum Obligation ............................................................................................................................. 10 Term 24. Refund Obligation.................................................................................................................................. 10 Term 25. Allowable Costs ..................................................................................................................................... 10 Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10 Term 28. Payment Procedures ............................................................................................................................. 11 Term 29. Budget Changes ..................................................................................................................................... 11 Subpart C. Miscellaneous Provisions .............................................................................................................. 12 Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12 Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14 Term 33. Contractor Change Notification ............................................................................................................ 15 Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18 Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18 Term 37. Organizational Conflict of Interest ........................................................................................................ 18 Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19 Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21 Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21 Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21

Special Terms and Conditions

3 Term 42. Davis-Bacon Requirements ................................................................................................................... 22 Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23 Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29 Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29 Term 47. Foreign Collaboration Considerations .................................................................................................. 30

Special Terms and Conditions

4 Subpart A. General Provisions

Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer.

The Recipient may accept or reject the Award. Acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by DOE, specifically The EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/), constitutes the Recipient's acceptance of the terms and conditions of this Award.

Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized representative constitutes the Recipient's electronic signature.

Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.

Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub contractors and to require their strict compliance therewith.

Term 3. Compliance with Federal, State, and Municipal Law The Recipient is required to comply with applicable Federal, state, and local laws and regulations for all work performed under this Award. The Recipient is required to obtain all necessary Federal, state, and local permits, authorizations, and approvals for all work performed under this Award.

Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this Award must be referred to the DOE Award Administrator for guidance.

Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed under this Award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to address deficiencies that develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the project objectives have been accomplished.

Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. Based on all information provided by the Recipient, SCEP has made a

Special Terms and Conditions

5 NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Application approved by the Contracting Officer and the DOE NEPA Determination. The Recipient is thereby authorized to use Federal funds for the defined project activities, except where such activity is subject to a restriction set forth elsewhere in this Award.

This authorization is specific to the project activities and locations as described in the Application approved by the Contracting Officer and the DOE NEPA Determination.

If the Recipient later intends to add to or modify the activities or locations as described in the approved Application and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional NEPA review and are not authorized for Federal funding until the Contracting Officer provides written authorization on those additions or modifications. Should the Recipient elect to undertake activities or change locations prior to written authorization from the Contracting Officer, the Recipient does so at risk of not receiving Federal funding for those activities, and such costs may not be recognized as allowable cost share.

Condition(s):

NEPA Logs if conducting potentially ground disturbing activities.

Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Award should be American-made.

Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting Checklist, attached to this Award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the Award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.

Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on the Award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

Term 10. Publications

Special Terms and Conditions

6 The Recipient is required to include the following acknowledgement in publications arising out of, or relating to, work performed under this Award, whether copyrighted or not:

• Acknowledgment: “This material is based upon work supported by the U.S. Department of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”

• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof.

The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.”

Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent the views of the U.S. Department of Energy or the United States Government.”

Recipients should make every effort to include the full Legal Disclaimer. However, in the event that recipients are constrained by formatting and/or page limitations set by the publisher, the abridged Legal Disclaimer is an acceptable alternative.

Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in advance if it intends to utilize a one-time, no-cost extension of this Award. The notification must include the supporting reasons and the revised period of performance. The Recipient must submit this notification in writing to the Contracting Officer and DOE Technology Manager/ Project Officer at least 30 days before the end of the current budget period.

Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of this Award.

Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.

Also see 2 CFR 910.360 for additional requirements for real property and equipment for For- Profit recipients.

Term 13. Insurance Coverage

Special Terms and Conditions

7 See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real property and equipment for For-Profit recipients.

Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.311 before disposing of the property.

Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose.

When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. The instructions must provide for one of the following alternatives: (1) retain title after compensating DOE as described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2 CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE as specified in 2 CFR 200.311(c)(3).

See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved under a Federal award.

Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.313 before disposing of the property.

Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii).

Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d).

When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity.

Disposition will be made as follows: (1) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as

Special Terms and Conditions

8 described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as specified in 2 CFR 200.313(e)(3).

See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.

Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.

Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award.

Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records relating to this Award.

Term 19. Audits

A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) for the purpose of audits and investigations. Such assistance may include, but is not limited to, reasonable access to the Recipient’s records relating to this Award.

Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Recipient’s financial records or administrative records relating to this Award at any time. Government-initiated audits are generally paid for by DOE.

DOE may conduct a final audit at the end of the project period (or the termination of the Award, if applicable). Upon completion of the audit, the Recipient is required to refund to DOE any payments for costs that were determined to be unallowable. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit.

DOE will provide reasonable advance notice of audits and will minimize interference

Special Terms and Conditions

9 with ongoing work, to the maximum extent practicable.

B. Annual Independent Audits (Single Audit or Compliance Audit) The Recipient must comply with the annual independent audit requirements in 2 CFR 200.500 through .521 for institutions of higher education, nonprofit organizations, and state and local governments (Single audit), and 2 CFR 910.500 through .521 for for-profit entities (Compliance audit).

The annual independent audits are separate from Government-initiated audits discussed in part A. of this Term and must be paid for by the Recipient. To minimize expense, the Recipient may have a Compliance audit in conjunction with its annual audit of financial statements. The financial statement audit is not a substitute for the Compliance audit. If the audit (Single audit or Compliance audit, depending on Recipient entity type) has not been performed or completed prior to the closeout of the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance.

Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of DOE officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions.

Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific information about each foreign national to ensure compliance with the requirements for participation and access approval. The volume and type of information required may depend on various factors associated with the Award. The DOE Contracting Officer will notify the Recipient if this information is required.

DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs or personnel.

Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event, a risk is identified, DOE may require risk mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award.

Special Terms and Conditions

10 Subpart B. Financial Provisions

Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13 of the Assistance Agreement to this Award.

Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs determined unallowable by the Contracting Officer. Upon the end of the project period (or the termination of the Award, if applicable), the Recipient must refund to SCEP the difference between (1) the total payments received from SCEP, and (2) the Federal share of the costs incurred. Refund obligations under this Term do not supersede the annual reconciliation or true up process if specified under the Indirect Cost Term.

Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2 CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit.

Failure to provide SCEP adequate supporting documentation may result in a determination by the Contracting Officer that those costs are unallowable.

The Recipient is required to obtain the prior written approval of the Contracting Officer for any foreign travel costs.

Term 26. Decontamination and/or Decommissioning (D&D) Costs Notwithstanding any other provisions of this Award, the Government shall not be responsible for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award.

Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the

Special Terms and Conditions

11 Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives.

Term 28. Payment Procedures

A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate voucher applications will be approved for payment by DOE once the equipment has been installed and all required documentation has been provided.

B. Payments
All payments are made by electronic funds transfer to the bank account identified attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.

C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share authorized to that award, without specific written approval from the Contracting Officer. The Recipient must immediately refund SCEP any amounts spent in excess of the authorized amount.

A. Supporting Documents for Agency Approval of Payments

DOE may request additional information from the Recipient to support the payment requests prior to release of funds, as deemed necessary. The Recipient is required to comply with these requests. Supporting documents include invoices, copies of contracts, vendor quotes, proof of installation and other expenditure explanations that justify the payment requests.

Term 29. Budget Changes

A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to this Award.

Any increase in the total project cost, whether DOE share or Cost Share, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be approved in advance and in writing by the Contracting Officer.

Any change that alters the project scope, milestones or deliverables requires prior written approval of the Contracting Officer. SCEP may deny reimbursement for any failure to comply with the requirements in this term.

Special Terms and Conditions

12 B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds among direct cost categories where the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total project cost stated in the budget on the recipient’s application.

The Recipient is required to notify the DOE Technology Manager/Project Officer of any transfer of funds among direct cost categories where the cumulative amount of such transfers is equal to or below 10 percent of the total project cost, stated in the budget on the recipient’s application.

Subpart C. Miscellaneous Provisions

Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities
With respect to the performance of any portion of the work under this Award which is performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H requirements of the operator of such site.

Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall contact the site facility manager for information on DOE and site-specific ES&H requirements.

The Recipient is required apply this provision to its contractors.

Term 31. System for Award Management and Universal Identifier Requirements

A. Requirement for Registration in the System for Award Management (SAM) Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe Recipient must maintain the currency of its information in SAM until the Recipient submits the final financial report required under this Award or receive the final payment, whichever is later. This requires that the Recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term.

B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no longer have to go to a third-party website to obtain their identifier. This information

Special Terms and Conditions

13 is displayed on SAM.gov.

If the Recipient is authorized to make subawards under this Award, the Recipient:

i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from the Recipient unless the entity has provided its UEI number to the Recipient.

ii. May not make a subaward to an entity unless the entity has provided its UEI number to the Recipient.

C. Definitions
For purposes of this award term:

i. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at ).

ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier that will be assigned by SAM.gov upon registration.

iii. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C:

1. A Governmental organization, which is a State, local government, or Indian Tribe.

2. A foreign public entity.

3. A domestic or foreign nonprofit organization.

4. A domestic or foreign for-profit organization.

5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

iv. Subaward:

1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this Award and that the Recipient awards to an eligible subrecipient.

2. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients

Special Terms and Conditions

14 and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors).

3. A subaward may be provided through any legal agreement, including an agreement that the Recipient considers a contract.

v. Subrecipient means an entity that:

1. Receives a subaward from the Recipient under this Award; and

2. Is accountable to the Recipient for the use of the Federal funds provided by the subaward.

Term 32. Nondisclosure and Confidentiality Agreements Assurances

A. By entering into this agreement, the Recipient attests that it does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

B. The Recipient further attests that it does not and will not use any Federal funds to implement or enforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions:

i. ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’

ii. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity,

Special Terms and Conditions

15 other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.

Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to the execution of new or modified contract agreements, including naming any To Be Determined contractors. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive orders.

In order to satisfy this notification requirement, the Recipient documentation must, as a minimum, include the following:

• A description of the service to be provided or the equipment to be purchased. • An assurance that the process undertaken by the Recipient to solicit the contractor complies with their written procurement procedures as outlined in 2 CFR 200.317 through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the Recipient and the selected contractor and that the Recipient’s written standards of conduct were followed.
3 • A completed Environmental Questionnaire, if applicable. • An assurance that the contractor is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting contract agreement.

3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these situations also create at a minimum an apparent conflict of interest.

Special Terms and Conditions

16 The Recipient is responsible for making a final determination to award or modify contractor agreements under this agreement, but the Recipient may not proceed with the contractor agreement until the Contracting Officer determines, and provides the Recipient written notification, that the information provided is adequate.

Should the Recipient not receive a written notification of adequacy from the Contracting Officer within 30 days of the submission of the contractor documentation stipulated above, the Recipient may proceed to award or modify the proposed contractor agreement.

Term 34. Recipient Integrity and Performance Matters

A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this term. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance, cooperative agreement, or procurement contract from the Federal Government;
ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following:

1. A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition;

2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

3. An administrative proceeding, as defined in paragraph E of this term, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or

Special Terms and Conditions

17 4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1, 2, or 3 of this term;
b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
c. The requirement in this term to disclose information about the proceeding does not conflict with applicable laws and regulations.

C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A of this term, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, Financial Assistance awards, (including cooperative agreement awards) with a cumulative total value greater than $10,000,000, must disclose semiannually any information about the criminal, civil, and administrative proceedings.

E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or Financial Assistance awards. It does not include audits, site visits, corrective plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active Financial Assistance awards, cooperative agreements and procurement contracts includes—

Special Terms and Conditions

18 1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.

Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under a resulting award.

The Recipient must immediately report to DOE any export control violations related to the project funded under this award, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future violations.

Term 36. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. This policy is applicable to all non-Fe deral entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.

Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy.

Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to

Special Terms and Conditions

19 be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)).

The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe. For a list of the information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at
https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.

If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, the Recipient must procure goods and services from other sources when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR 200.340 unless continued performance is determined to be in the best interest of the Federal government.

The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring contractor compliance with this term.

If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest.

Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video

Special Terms and Conditions

20 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information conducted with Department of Energy (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection of Human Subjects.

Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board responsible for ensuring that the proposed research is sound and justifies the use of human subjects or their data; the potential risks to human subjects have been minimized; participation is voluntary; and clear and accurate information about the study, the benefits and risks of participating, and how individuals’ data/specimens will be protected/used, is provided to potential participants for their use in determining whether or not to participate.

The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and the certification identified in item 2 below to DOE prior to initiation of any project that will involve interactions with humans in some way (e.g., through surveys); analysis of their identifiable data (e.g., demographic data and energy use over time); asking individuals to test devices, products, or materials developed through research; and/or testing of commercially available devices in buildings/homes in which humans will be present. Note: This list of examples is illustrative and not all inclusive.

No DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without:

Special Terms and Conditions

21 1) A registration and a Federal Wide Assurance of compliance accepted by the Office of Human Research Protection (OHRP) in the Department of Health and Human Services; and
2) Certification that the research has been reviewed and approved by an Institutional Review Board (IRB) provided for in the assurance. IRB review may be accomplished by the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of the DOE national laboratories, by the DOE national laboratory IRB.

The Recipient is responsible for ensuring all subrecipients comply and for reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home . Note: If a DOE IRB
is used, no end of year reporting will be needed.

Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects

Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit https
://www.energy.gov/ig/ig-ho
tline.

A
dditionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states:

T
he non-F
ederal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-t hrough
entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non -F
ederal entities that
have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements

Term 41. Reporting, Tracking and Segregation of Incurred Costs

Special Terms and Conditions

22 BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL.

Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding.

Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2,000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).

Recipients shall provide written assurance acknowledging the DBA requirements for the award or project and confirming that all of the laborers and mechanics performing construction, alteration, or repair, through funding under the award are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).

The Recipient must comply with all of the Davis-Bacon Act requirements, including but not limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (5) conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and as requested or directed by the DOE. (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation.

Special Terms and Conditions

23 (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, , contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (9) preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system.

The Recipient must undergo Davis-Bacon Act compliance training and must maintain competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events .

The Department of Energy has contracted with, a third-party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software.

Davis Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the award starts. The applicant does not have the right to appeal SCEP’s decision concerning a waiver request.

For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction.

Term 43. Buy American Requirement for Infrastructure Projects

*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this section if your total EECBG Program award is less than $250,000.

Special Terms and Conditions

24 A. Definitions

Components are defined as the articles, materials, or supplies incorporated directly into the end manufactured product(s).

Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is used in an infrastructure project and is or consists primarily of non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, drywall, coatings (paints and stains), optical fiber, clay brick; composite building materials; or enginSCEPd wood products.

Domestic Content Procurement Preference Requirement- means a requirement that no amounts made available through a program for federal financial assistance may be obligated for an infrastructure project unless—
(A) all iron and steel used in the project are produced in the United States;
(B) the manufactured products used in the project are produced in the United States; or
(C) the construction materials used in the project are produced in the United States.

Also referred to as the Buy America Requirement.

Infrastructure includes, at a minimum, the structures, facilities, and equipment located in the United States, for: roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and generation, transportation, and distribution of energy - including electric vehicle (EV) charging.

The term “infrastructure” should be interpreted broadly, and the definition provided above should be considered as illustrative and not exhaustive.

Special Terms and Conditions

25 Manufactured Products are items used for an infrastructure project made up of components that are not primarily of iron or steel; construction materials; cement and cementitious materials’ aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

Primarily of iron or steel means greater than 50% iron or steel, measured by cost.

Project- means the construction, alteration, maintenance, or repair of infrastructure in the United States.

Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation.

B. Buy America Requirement

None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless:

1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;

2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and

Special Terms and Conditions

26 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America Requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project.

C. Certification of Compliance

The Recipient must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this Award.

The Recipient must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the Recipient. The Recipient must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General.

Special Terms and Conditions

27 D. Waivers

When necessary, the Recipient may apply for, and DOE may grant, a waiver from the Buy America Requirement. Requests to waive the application of the Buy America Requirement must be in writing to the Contracting Officer. Waiver requests are subject to review by DOE and the Office of Management and Budget, as well as a public comment period of no less than 15 calendar days.

Waivers must be based on one of the following justifications:

1. Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest;

2. Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

3. Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

Requests to waive the Buy America Requirement must include the following:

• Waiver type (Public Interest, Non-Availability, or Unreasonable Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number, Assistance Listing number);
• A brief description of the project, its location, and the specific infrastructure involved;
• Total estimated project cost, with estimated federal share and recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each;

Special Terms and Conditions

28 • A detailed justification as to how the non-domestic item(s) is/are essential the project;
• A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers;
• A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation; and
• Anticipated impact to the project if no waiver is issued.

The Recipient should consider using the following principles as minimum requirements contained in their waiver request:

• Time-limited: Consider a waiver constrained principally by a length of time, rather than by the specific project/award to which it applies. Waivers of this type may be appropriate, for example, when an item that is “non-available” is widely used in the project. When requesting such a waiver, the Recipient should identify a reasonable, definite time frame (e.g., no more than one to two years) designed so that the waiver is reviewed to ensure the condition for the waiver (“non-availability”) has not changed (e.g., domestic supplies have become more
available).

• Targeted: Waiver requests should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) as necessary and justified. Waivers should not be overly broad as this will undermine domestic preference policies.

• Conditional: The Recipient may request a waiver with specific conditions that support the policies of IIJA/BABA and Executive Order 14017.

DOE may request, and the Recipient must provide, additional information for consideration of this wavier. DOE may reject or grant

Special Terms and Conditions

29 waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOEs final determination regarding approval or rejection of the waiver request may not be appealed.

Waiver requests may take up to 90 calendar days to process.

Term 44. Affirmative Action and Pay Transparency Requirements All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246:

(1) Recipients and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.

(2) Recipients and contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors.

(
3) Recipients and contractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co
-wo
rkers.

T
he Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide4 should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take.

Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding.

Term 46. Transparency of Foreign Connections

4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp

Special Terms and Conditions

30 During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or contractors:

1. The existence of any joint venture or subsidiary that is based in, funded by, or has a foreign affiliation with any foreign country of risk;

2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a country of risk or foreign entity based in a country of risk;

3. Any current or pending change in ownership structure of the Recipient or contractors that increases foreign ownership related to a country of risk;

4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk;

5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and

6. Any current or pending foreign business entity, offshore entity, or entity outside the United States related to the Recipient or subrecipient.

Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.

The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement.

b. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope.

c. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students).

In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported.

Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published

Special Terms and Conditions

31 process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures.

________________________________________________________________ Authorized Signature Date

Name:

Title:

Entity Name:

EECBG Program: Energy Efficiency and Conservation Strategy Template for Local Governments Local governments must submit a proposed Energy Efficiency and Conservation Strategy (EECS) to the Department of Energy (DOE) to meet the statutory requirements for the Energy Efficiency and Conservation Block Grant (EECBG) Program. The proposed EECS must include the information contained in Part A of this template. Local governments may use this streamlined EECS Template to meet the requirement, but the template is not required. If a local government chooses to submit an EECS using an alternative format, the information outlined in Part A must be included in the submission.

Local governments have the option of submitting their EECS at the time of application or no later than 1 year after the effective date of the award. If the latter option is chosen, the EECS should be a comprehensive strategy that covers, at a minimum, all items detailed in this template. DOE will provide informational resources and technical assistance to support the development of comprehensive strategies.

Local governments that do not submit an EECS with their application must submit an EECBG Program Activity File with their application and select Activity 1 (Energy Efficiency and Conservation Strategy).

NOTE: All text fields are limited to 2000 characters.

Part A:

Grantee: City of Vallejo
Date: February 5, 2024
UEI Number: KJKSES96KUN9
Program Contact Email: [email protected]
1) Local governments must include within their proposed strategy a description of their goals for increased energy efficiency and conservation in the jurisdiction. Does your local government have existing energy efficiency and conservation or related goals? a. Yes
i. What goals do you have? (check all that apply)

1. GHG reduction goal
a. Specific goal (e.g., 80% GHG reduced from 1990 levels) Vallejo plans to reduce greenhouse gas emissions to 80% from 1990 levels.
b. By what year? (e.g., 2050)
i. By 2050.

2. Energy use reduction goal
a. Specific goal: Reduce energy consumption from City
facilities by at least 20%.
b. By what year?: 2035.

3. Clean energy use goal
a. Specific goal: PACE program
b. By what year?

4. EV adoption goal
a. Specific goal
b. By what 1 year?

5. Job creation goal
a. Specific goal

2 b. By what year?

6. Job quality goal
a. Specify goal
b. By what year?

7. Other
a. Specific goal
b. By what year?
b. No, our local government does not have an existing goal, but we are selecting the following goal as part of our strategy. If you select option 5, you must also select from options 1-4 or option 6 (may select more than one option). i. Carbon neutrality by 2050 or sooner
ii. Reduce energy use by 50% by 2050 or sooner
iii. 100% carbon-free energy use by 2050 or sooner
iv. 80% EV adoption by 2050 or sooner
v. Pay prevailing wages for all construction and maintenance projects by 2025
vi. Other
2) Does your local government have an existing plan or strategy document (e.g., climate action plan, energy conservation plan, comprehensive energy plan, etc.) to reduce energy use, increase energy efficiency, reduce emissions, or train workers for high-quality energy efficiency jobs?
a. Yes
i. Please attach/submit/link your plan- Vallejo CAP attached. ii. Do you intend to update your plan in the next two years?

1. Yes
a. Are you planning to use any of your EECBG Program funds to update your plan?
i. Yes
ii. No
b. What updates do you intend to make to your plan?
Set EV Charging Stations protocols and deployment in
selected high transit locations.
b. No
i. Please briefly describe your strategy to achieve your goals listed in Question 1
The City encourages every resident, employee, and neighbor of Vallejo to become involved in the Climate adaptation planning process and to contribute their vision for a sustainable future. The City prepared a Climate Action Plan (CAP) to both address the most severe climate change concerns affecting all residents, targeting vulnerable subgroups to include Seniors, lower-income households, disabled persons, veterans, and people facing homelessness. The vision is to improve the quality of life for all people.
3) Are you planning to use a blueprint (see Section 4.5 of the EECBG Program Formula Grant Application Instructions document for more details)?
a. Yes
i. Which one(s)?

1. Energy Planning

2. Energy Efficiency
a. Energy Efficiency: Building Audits and Retrofits, including grid interactivity and electrification
b. Energy Savings Performance Contracts for Efficiency & Electrification in Municipal Buildings
c. Building Efficiency & Electrification Campaign

3 d. Building Performance Standards for Existing Buildings and Stretch Codes for New Construction

3. Renewables
a. Solar (and battery storage) Power Purchase Agreement (PPA)
b. Community Solar
c. Solarize Campaign
d. Renewable Resource Planning for Communities

4. Transportation
a. Electric Vehicles for Municipal Fleets
b. EV Charging Infrastructure for the Community

5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs

6. Workforce Development
ii. How does this blueprint help you meet your strategy/goals? b. No
i. What category of work do you plan to apply your EECBG Program funds to? (check all that apply)

1. Strategy development
a. Developing goals
b. Developing measures to track progress
c. Providing annual reporting on goals

2. Technical consultant services to assist in strategy development

3. Building energy audits
a. Residential
b. Commercial
c. Industrial
d. Municipal

4. Financial programs
a. Loan programs
b. Performance contracting programs
c. Rebates/grants
d. Incentives
e. Other

5. Energy efficiency retrofits
a. Residential
b. Commercial
c. Industrial
d. Municipal

6. Energy efficiency and conservation programs for buildings and facilities
a. Residential
b. Commercial
c. Industrial
4 d. Municipal

7. Transportation Programs
a. Electric vehicle planning
i. Municipal
ii. Communitywide
b. Purchasing of electric vehicles
c. Installation of electric vehicle chargers
i. Municipal
ii. Communitywide
d. Use of flex time by employers
e. Satellite work centers
f. Zoning guidelines or requirements that promote energy efficient development
g. Infrastructure, such as bike lanes and pathways and
pedestrian walkways
h. Synchronization of traffic signals
i. Public transit system improvement investments
j. Other

8. Building codes and inspections
a. Updating building codes
b. Improving enforcement/compliance with building codes c. Building performance standards
d. Other

9. Energy distribution technologies for energy efficiency a. Distributed resources
b. District heating and cooling systems
c. Other

10. Material conservation programs
a. Source reduction
b. Recycling
c. Composting
d. Sustainable procurement
e. Other

11. Reduction and capture of methane and other greenhouse gases generated
a. Landfills
b. Wastewater treatment facilities
c. Other

12. Traffic signals and street lighting upgrades

13. Renewable energy on government buildings
a. Solar
b. Wind
c. Fuel cells
d. Biomass
5 14. Programs for financing, purchasing, and installing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure)

15. Other (requires approval of Secretary)
ii. How will your use of funds help your unit of government meet its strategy/goals?
iii. Provide a brief description of your project(s)?
4) Local governments must coordinate and share information with the State in which the eligible local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under the EECBG Program. Have you coordinated and shared your planned activities with your State? a. Yes
i. Please describe how you plan to coordinate with your State The City will contact the State program for concurrent plans and future activities.
5) Local governments must take into account any plans for the use of funds by adjacent eligible local governments that receive grants under the EECBG Program. Have you taken into account how adjacent eligible units of local governments plan to use their funds? a. YesPart B.

1. Do you plan to collaborate with other eligible units of government? a. Yes, we are going to form a team and apply through a joint application i. List the names of the units of government

1. Which unit of government is serving as the lead applicant? ii. Please describe what your team plans to work on together b. Yes, we are going to informally collaborate
i. List the names of the units of government
ii. Please describe your planned collaboration
c. We are not yet sure if we are going to collaborate with others d. No

2. Are you planning to partner with other organizations including utilities, energy industry and financial companies, community-based organizations, labor unions, and other non-profit organizations for your project?
a. Yes
i. Please list your partners
b. No

3. Have you engaged local stakeholders (such as utilities, energy industry and financial companies, community-based organizations, labor unions, and other non-profit organizations) in the development of your plan and/or how you intend to use your EECBG Program allocation? a. Yes
b. No

4. Will this EECBG Program funding help you to access additional sources of funding? a. Yes
i. What kind? (Check all that apply)

1. Local government

2. State government

3. Federal
government

4. Philanthropic

5. Private sector

6. Other
b. No i. Would you like assistance in identifying other sources of funding?

1. Yes

2. No

5. Do you anticipate needing support for your project development/implementation? a. Yes
i. What kind? (check all that apply)

1. Policy, planning and program design

2. Retrofits

3. Engineering and modeling

4. Stakeholder engagement

5. Program administration and implementation support

6. Outreach, education and advertising

7. Other
b. No

6. Do you anticipate the project(s) you use this funding for will continue after the EECBG Program funding period?
a. Yes
i. Describe how the project(s) have been designed to ensure that it sustains benefits beyond the EECBG Program funding period
Replacement of substandard streets lighting with LEED certified lighting deployed at major intersections will provide sustainable energy that is cost effective and improves public safety, visibility during inclement weather. b. No
i. What would help you to continue? (check all that apply)

1. Local sustainable financing

2. Public and local political support

3. Staff capacity

4. Other

7. How do you intend for your project(s) to benefit disadvantaged communities? 1 (check all that apply)
a. Benefits include (but are not limited to) measurable direct or indirect investments or positive project outcomes that achieve or contribute to the following in disadvantaged communities:
i. A decrease in energy burden2
ii. A decrease in environmental exposure and burdens
iii. An increase in access to low-cost capital
iv. An increase in job quality (including paying prevailing wages for construction and maintenance projects by 2025)
1 Justice40 Initiative | Department of Energy
2 The Initiative for Energy Justice https://iejusa.org/gl6 ossary-and-appendix/#glossary_of_terms 7 v. An increase in clean energy enterprise creation and contracting (e.g., minority- owned or disadvantaged business enterprises)
vi. An increase in clean energy jobs, job pipeline, and job training for individuals from disadvantaged communities
vii. An increase in parity in clean energy technology access and adoption viii. An increase in energy democracy
ix. Other

1. Please explain

8. How will your strategy support the goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities, in line with the Justice40 initiative? Fonroche Lighting America
10F Roessler Road
Woburn, MA 01801
(339) 225-4530

Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.

Seller's Terms and Conditions of Sale may be viewed at   https://www.fonrochesolarlighting.com/about-us/terms/.

Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the USD 126,244Quote Total
USD 6,900Shipping & Handling
Est.

USD 119,344Total Line Items
Shipping estimated; final cost determined on day of shipping and added to invoice.

Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.

United StatesShip To
City of VallejoShip To Name
12-14 WeeksEst. Lead Time
7/21/2023Quote Expiration
Date
4/21/2023Quote Date
Vallejo CA- Mare Island Way and ParkingQuote Name
00081470Quote Number
Prices are FOB OriginShipping Terms
50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Payment Terms
Austin BrennanOpportunity Owner
Fonroche Model
Number Fonroche Product Description Price
System Quantity Amount
2[CK16B-4K-TBD]
2[P310F-4P]HW-MC
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-2-4FT Arm
Fixture Color - BK
SmartLight Assembly with 2496Wh-24V NiMH Battery , special extreme temperature (from -40°C to +70°C), 2 x 310W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Double Single Fixture configuration. Twin CK16B Fixture 4K Color Temp.-Type TBD - . Power Assembly color is black. High wind and enhanced marine coating.
25Ft. Round Tapered Pole-Anchor Base-2-4FT Arm
5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =0 Watts worst case conditions.T-PM: 0 hrs. @100% | T-N (Balance of night) @20% | T-AM: 0 hrs. @100%
USD
7,058 11.00 USD
77,638
[CK16B-4K-T2]
[P310F-4P]HW-MC
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-1-4FT Arm
Fixture Color - BK
SmartLight Assembly with 1248Wh-24V NiMH Battery , special extreme temperature (from -40°C to +70°C), 310W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration. Single CK16B Fixture 4K Color Temp.-Type 2 - . Power Assembly color is black. High wind and enhanced marine coating.
25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm
5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =0 Watts worst case conditions.T-PM: 0 hrs. @100% | T-N (Balance of night) @20% | T-AM: 0 hrs. @100%
USD
4,634 9.00 USD
41,706
This quotation is subject to the following terms and conditions Fonroche Lighting America
10F Roessler Road
Woburn, MA 01801
(339) 225-4530

Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America  is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.

EECBG PROGRAM PRE-AWARD INFORMATION SHEET
Each Energy Efficiency and Conservation Block Grant (EECBG) Program recipient shall provide the following information on behalf of itself and all subrecipients and certify that the information is accurate and complete.

Recipients may choose to provide this information in whatever format they like, as this form is optional.

EECBG Program recipients representing local and tribal entities may select from two options: 1) a grant or 2) a voucher for technical assistance and/or equipment rebates. EECBG Program recipients choosing a grant must provide data requested in sections 1 through 8 below. EECBG Program recipients choosing a voucher may skip sections 4 through 7. Please submit this form to the EECBG Program Inbox: [email protected].

SECTION 1: CONTACT & LOCATION INFORMATION (All recipients) Recipient Name: Award Number:

UEI: DUNS
(if applicable):

Business Officer: BO Phone
Number/Email:

Principal
Investigator (PI):

PI Phone
Number/Email:

A. TYPE OF ORGANIZATION – Please indicate the type of organization of the Recipient by selecting one of the following:
☐ Local Government
☐ Tribal Government
☐ State
B. LOCATION AND CONGRESSIONAL DISTRICT
List the address and Congressional district(s) f or the primary location where the grant will be performed.

Street Address:

City:

State:

Zip:

Congressional District(s):

SECTION 2: GRANT OR VOUCHER (All recipients)
EECBG Program recipients representing local and tribal entities must select whether to receive their EECBG Program award in the form of a grant or a voucher for technical assistance and/or equipment rebates. Please indicate your choice here. All States & Territories must select “Grant.” (Select one option) [response to this question is non-binding] ☐ Voucher for Technical Assistance
☐ Voucher for Equipment Rebate
☐ Voucher for both Technical Assistance and Equipment Rebate ☐ Grant
P
age 2 of 10
SECTION 3: BUSINESS ASSURANCES (All recipients)
A. DISCLOSURE OF POTENTIAL IMPROPRIETIES
Below, please disclose if any of the following conditions exist. If the answer to any question (a) through (g) below is yes, provide a detailed explanation in an attachment to this form. a. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals1 under investigation for or charged with a covered offense2?
☐ Yes
☐ No
b. Has the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals bee n c
onvicted of a covered offense in the last five years or had a civil judgment rendered against them for one of those offenses in that time period?
☐ Yes
☐ No
c. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for potential violation of U.S. export control laws and regulations, or has the proposed R
ecipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals been convicted of any vi
olations of U.S. export control laws and regulations?
☐ Yes
☐ No
d. Is the proposed Recipient or Subrecipient(s) under investigation for potential violations of the Drug- Free W
orkplace Act of 1988, or has the proposed Recipient or Subrecipient(s) been convicted of any violations of the Drug-Free Workplace Act of 1988?
☐ Yes
☐ No
e. I
s the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for research misconduct, or has the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals been convicted of research misconduct? ☐ Yes
☐ No
f. Has any Federal Agency recommended or initiated proceedings against the proposed Recipient, S
ubrecipient(s), or the Recipient’s or Subrecipient’s principals for suspension or debarment, or is the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals debarred, suspended, publ
icly banned from doing business with the Federal government, or otherwise declared ineligible from 1 For this form, “principal” means: (1) An officer, director, owner, partner, PI, or other person (as defined in 2 C.F.R. 180.95) within the Project Team with management or supervisory responsibilities related to this project and any resulting transaction; or (2) A consultant or other person, whether or not employed by the Recipient, Subrecipient, or their principals, or paid with Federal funds, who (a) i
s in a position to handle Federal funds, (b) is in a position to influence or control the use of those funds, or (c) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform t he t
ransaction, including but not limited to, any Co-PIs.
2 For this form, “covered offenses” include: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasi on, receiving stolen pr
operty, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of busines s integrity or business honesty that seriously and directly affects the Recipient’s present responsibility.

Pag
e 3 of 10
receiving Federal Contracts, subcontracts or financial assistance? ☐ Yes
☐ No
g.

Is the proposed Recipient or Subrecipient(s) delinquent on federal debt or insolvent or at risk of insolvency or have the proposed Recipient or Subrecipient(s) filed for bankruptcy in any domestic or foreign jurisdiction?
☐ Yes
☐ No
B. POTEN

TIAL CONFLICTS OF INTEREST

1. Fi
nancial Conflicts of Interest. The Recipient must disclose in writing any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators) and include sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to assess the appropriateness of the non-Federal entity's management plan. See Section V(b)(3) of the DOE Interim Conflict of Interest Policy. As part of this DOE funded project, does the recipient or any subrecipients have any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators)?
☐ No
☐ Y
es. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section V(b)(3).

C. Org
anizational Conflicts of Interest3. The Recipient must disclose in writing any potential or actual organizational conflict of interest to DOE. See DOE Interim Conflict of Interest Policy Section VI and 2 CFR 200.318 for more information. As part of this DOE funded project, does the recipient or any subrecipients intend to engage in a procurement with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe?
☐ No
☐ Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section VI. **Recipients choosing a voucher may skip to Section 8** SE
CTION 4: PAYMENT INFORMATION (Grant recipients only)
Provide (1) the awardee seven-digit ASAP (Automated Standard Application for Payment System) ID number that is under the DOE / Golden Field Office (GO) Agency Locator Code (ALC) and Region Code (#8900-0001-04) if available; (2) the name, phone number and email for the ASAP / Payments Contact Person; and (3) indicate whether the preferred payment method is by advance or reimbursement.
1) ASAP
Number:
2) ASAP/Payments Contact Person:
3) The preferred payment method is:
3 Organizational Conflict of Interest means a situation where because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 2 CFR 200.318(c)(2).

P
age 4 of 10
SECTION 5: PERFORMANCE AND FINANCIAL INFORMATION REQUEST (Grant recipients only) B
efore providing this information, please read the ADDITIONAL INFORMATION at the end of this form. Each field identified below must be completed.

1. Has
the Recipient had prior Federal awards? ☐ Yes ☐ No
If
Yes:

Is the Recipient up to date on all reporting requirements on all other current and ☐ Yes ☐ No prior awards, including submitting acceptable final technical reports, with other Federal or non-Federal organizations? If you check No to this question, please attach an explanation.
2 a. Has the Recipient had an independent Single Audit or independent Compliance ☐ Yes ☐ No Audit per Federal regulations, or had a prior Defense Contract Audit Agency (DCAA) Audit performed? (Please see attached instructions regarding Independent Audit requirements.) 2b.

Has the Recipient undergone a Financial Audit within the last 3 years? ☐ Yes ☐ No If
Yes to either 2a. or 2b.:
a. A copy of the audit is attached to this form. ☐ Yes ☐ No b. An electronic copy of the audit was provided with application package. ☐ Yes ☐ No An electronic copy of the audit can be found at
If
audit was not provided, please explain why it has not been completed and/or provided:

3. Recipient’s fiscal year end date is
4a.

Identify the Federal Agency providing the preponderance of funding from ALL Government Awards which the Recipient’s organization is/was the prime recipient, including any DOE Awards.

Provide Agency name, Cognizant Agency point of contact (individual in charge of negotiating billing rates), phone number, and e-mail.
(If the Recipient’s organization has a DCAA contact, please provide this information in 4(c) below):

Agency:

Point of Contact:

Phone/Email:
4 b. DCAA Contact Information:

DCAA Office:

Point of Contact:

Phone/Email:

P
age 5 of 10
SECTION 6: FINANCIAL MANAGEMENT SYSTEM – ACCOUNTING SYSTEM SURVEY (Grant recipients only)
T
o qualify for Financial Assistance, compliance with 2 CFR 200 as amended by 2 CFR 910 is required. This includes assurance of an adequate accounting system for estimating, accounting and billing for governmental funding received.

Please complete the checklist below as assurance of this requirement.

F
or additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.

Yes No NA

1. Is the Accounting System in accordance with Generally Accepted Accounting Principles applicable to the circumstances and associated applicable Federal regulations? ☐ ☐ ☐

2. Accounting System provides for:
a. Segregation of direct costs from indirect costs. ☐ ☐ ☐ b. I
dentification and accumulation of direct costs by project. ☐ ☐ ☐ c. A logical and consistent method for the allocation of indirect costs to intermediate and final cost objectives. (Project line items are final cost objective) ☐ ☐ ☐ d. A
ccumulation of costs under general ledger control. ☐ ☐ ☐ e. A timekeeping system that identifies employees’ labor by intermediate and final cost objective (i.e., project level, division level). ☐ ☐ ☐ f. A labor distribution system that charges direct and indirect labor to appropriate cost objectives. ☐ ☐ ☐
g. Interim (at least monthly) determination of costs charged to a project through routine posting of books of account. ☐ ☐ ☐
h. Excluding costs charged to Government projects which are not allowable in terms of FAR 31, Contract Cost Principles and Procedures, or other provisions. ☐ ☐ ☐ i. Identification of costs by project line item and by units (as if each unit or line item were a separate project) if required by the proposed award. ☐ ☐ ☐

3. Is the Accounting System designed, and are the records maintained in such a manner that adequate, reliable data are developed for use in developing cost proposals? ☐ ☐ ☐

4. Is the Accounting System currently in full operation? ☐ ☐ ☐ SECTION 7: REPRESENTATION/CERTIFICATION (Grant recipients only) C
ertification of the information is required by the organization’s authorized representative ☐ I certify that I have registered in the System for Award Management (SAM). ☐ I certify that I have registered in FedConnect.net in order to receive award documentation. ☐ I certify that all subrecipient cost information has been reviewed, and that all subrecipient costs are reasonable, allowable, and allocable in accordance with the applicable cost principles. All subrecipient budget documents should be available upon DOE request.

P
age 6 of 10
☐ I certify that all direct costs proposed in the application (under the personnel, travel, equipment, supplies, c
ontractual, construction, and/or other direct costs categories) are direct to the project and are not duplicated in the proposed indirect costs.
☐ I certify that the processes undertaken to solicit any subrecipients, subawards, subcontracts and vendors comply w
ith our organization’s written procurement procedures as outlined in “Procurement Standards” 2 CFR 200.317 t
hrough 2 CFR 200.326 inclusive.
☐ I certify the Recipient:
(1) H
as in effect an up -to-date, written, and enforced administrative process to identify and manage conflicts of interest with respect to all projects for which financial assistance funding is sought or received from DOE; (2) S ha
ll promote and enforce Investigator compliance with DOE’s Interim Conflict of Interest (COI) Policy's requirements including those pertaining to disclosure of significant financial interests; (3)
S
hall manage financial conflicts of interest and provide initial and ongoing financial conflicts of interest reports to DOE;
(4)
A
grees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of financial interests and the Recipient’s review of, and response to, such d isclosure, whether or not the disclosure resulted in the Recipient’s determination of a financial conflict of interest; and (5) S
hall fully comply with the requirements of the DOE Interim COI Policy.

S
ECTION 8: SIGNATURES (All recipients)
I
, the Authorization Official named below, represent by my signature that I am authorized to certify this information on behalf of the Recipient. I certify to the best of my knowledge and belief that the information contained in this Pre- Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.

N
ame:

Title:

Signature of Authorized
Official:

Date:

I, the Principal Investigator named below, certify to the best of my knowledge and belief that the information contained in this Pre-Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.

Name:

Page 7 of 10 ends

Title:

Signature of Principal
Investigator:

Date:

Page 8 of 10 ends

ADDITIONAL INFORMATION

This information will assist DOE in determining: 1) cognizance; 2) whether the Recipient has adequate internal financial and management controls; and 3) whether the Recipient has an adequate accounting system. Generally, cognizance means that an organization has a Federal oversight agency (cognizant agency). Cognizance of an organization is used for many purposes including: determining which agency is responsible for verifying correct allocation of indirect rates to incurred costs; issuing the Provisional and Final Indirect Rate Agreements; and ordering audits. Adequate internal controls and accounting systems are essential to ensure that the Recipient’s costs are correctly estimated, recorded, and billed. The Recipient has the responsibility to ensure that these systems are in place. The cognizant Agency has the responsibility for verifying these systems through audits or other methods.

For additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.

Cognizance is determined by TOTAL Federal award/contract dollars received by the Recipient/Contractor from all Federal agencies. This information is used to determine which Federal agency has the largest preponderance of funding and is cognizant. Once a Federal agency assumes cognizance for a contractor, it should remain cognizant for at least 5 years to ensure continuity and ease of administration.

Cognizance related duties are the responsibility of the Cognizant Federal Agency (CFA). The CFA is the Federal agency (e.g., Department of Defense, Department of Energy, Navy, etc.) that provided the preponderance (largest amount) of funding for your awards, across all federal agencies. It is very important to confirm that you work with the correct office.

General Rule of Thumb: Department of Health & Human Services (DHHS) is usually the CFA for Universities, Cities, States, and Counties. DHHS cognizance is not usually transferred.

If it is determined that the Department of Energy/Golden Field Office (GO) is the Cognizant Federal Office, the Recipient will have the following ANNUAL responsibilities:

1. Submit a Certified Annual Incurred Cost Claim (ICE Model – see #3 below) to the GO Cost/Price mailbox ([email protected]). This should represent the total organization's costs (representing the Company General Ledger), not just the Recipient’s DOE award(s).

2. Due Date: 180 days after the Recipient’s fiscal year end.

3. For an example of the ICE Model, please visit https://www.dcaa.mil. Under “CUSTOMERS->Checklists and Tools”, click on ICE (Incurred Cost Electronically) Model and download the ICE model.

Once the information is received, GO will have the responsibility of providing your organization with an annual indirect rate agreement. This indirect rate must be used on all Federal grants and contracts.

If it is determined that GO is not the Cognizant Federal Office, the Recipient should contact the Cognizant Office for additional instructions.

Page 9 of 10 ends

ANNUAL AUDIT REQUIREMENTS

Independent (Single & Compliance) Audit Requirements

2 CFR 200, Section F located at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=6e187b05cfeca4f534c659f20983b14e&mc=true&node=pt2.1.200&rgn=div5

For-Profits: 2 CFR 910, Section F located at:
http://www.ecfr.gov/cgi-bin/text-idx?node=pt2.1.910&rgn=div5

Below are excerpts from Section F.

Audit requirements.

(a) Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single (program-specific, not applicable for For-Profits) or compliance audit conducted for that year in accordance with the provisions of this part.

(b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 - Scope of audit except when it elects to have a program-specific audit conducted in accordance with paragraph (c) of this section.

(b) Compliance audit. (1) If a for-profit entity has one or more DOE awards with expenditures of $750,000 or more during the for-profit entity's fiscal year, they must have a compliance audit for each of the awards with $750,000 or more in expenditures. A compliance audit should comply with the applicable provisions in §910.514—Scope of Audit.

The remaining awards do not require, individually or in the aggregate, a compliance audit.

(c) Program-specific audit election. (Not applicable to For-Profits). When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with §200.507 Program-specific audits. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit.

(d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO).

(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.

(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor.

Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section §200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor.

Page 10 of 10 ends

(g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards.

(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post-award audits. See also §200.332 Requirements for pass-through entities.

CONSENT CALENDAR 8.F.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT BETWEEN THE

CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution approving a Side Letter Agreement between the City of Vallejo and the International Brotherhood of Electrical Workers, Local 1245 and authorize the City Manager to execute the same.

REASONS FOR RECOMMENDATION
Due to staffing issues in the Communications Center, there are an inadequate number of Communications Operators to staff shifts appropriately. Offering double-time for all overtime hours worked until we can fill the remaining vacancies will help ensure adequate staffing.

BACKGROUND AND DISCUSSION
Due to continued urgent staffing issues in the Communications Center, the City and IBEW met and conferred in good faith and subsequently entered into a one-time, non-precedent setting, Side Letter Agreement to allow regular, full-time Communications Operators I, II, and Supervisor to receive double-time for all overtime hours worked, effective the first full pay period following Council adoption, through the end of pay period 1 of 2025 (which ends on December 27, 2024).

The Human Resources Department and Police Department continue to work diligently toward filling vacancies in the Communications Center. To date, we have 4 vacancies, and we have candidates in backgrounds for all four of those vacancies. In addition, we have four remaining candidates on the eligible list, and Oral Boards that recently took place on October 4, 2024, which will add additional names to the existing eligible list.

FISCAL IMPACT
The anticipated cost is approximately $71,000; however, any double-time will be absorbed by salary savings.

This is a one-time, non-precedent-setting, limited duration through the end of pay period 1 of 2025, which ends on December 27, 2024. There is no future fiscal impact.

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. 24.10.08_Reso_Side Letter Agreement_IBEW_Comm Ops Staffing CAO STAMP

2. 24.10.08_Side Letter Agreement_IBEW_Comm Ops Staffing

Date: October 8, 2024
Subject: ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT BETWEEN THE

CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245 AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE SAME

Page 2 ends

CONTACT
Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]

RESOLUTION NO. 24 - ___N.C.

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

LETTER AGREEMENT BETWEEN THE CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW), LOCAL 1245 AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the International Brotherhood of Electrical Workers, Local 1245 (“IBEW”) is the recognized representative for City of Vallejo Communications Operators I, II, and Supervisor; and
WHEREAS, the City recognizes that there are not currently enough staff to ensure adequate staffing of the Vallejo Police Department Communications Center; and WHEREAS, it is necessary for the Communications Center to have adequate staffing to dispatch public safety calls; and
WHEREAS, the City and IBEW have met and conferred in good faith regarding urgent staffing needs in the Communications Center; and
WHEREAS, on October 1, 2024, the City and IBEW entered into a one-time, non-precedent setting, Side Letter Agreement that allows regular, full-time Communications Operators I, II, and Supervisor to be paid double-time for all overtime hours worked effective the first full pay period following adoption of this resolution through pay period 1 which ends on December 27, 2024, to ensure adequate staffing.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Vallejo hereby approves the Side Letter Agreement and authorizes the City Manager to execute the Side Letter Agreement, attached hereto as Exhibit A, and further authorizes the City Manager or his/her designee(s) to take any and all actions reasonably necessary to implement the Side Letter Agreement.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 8, 2024, with the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:

__________________________________

ROBERT MC CONNELL, MAYOR
ATTEST:
_______________________________________

DAWN ABRAHAMSOM, CITY CLERK

SIDE LETTER AGREEMENT

BETWEEN

CITY OF VALLEJO
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 Pursuant to the provisions of Section 2.2 Overtime, of the Memorandum of Understanding between the City of Vallejo (“City”) and the International Brotherhood of Electrical Workers, Local 1245 (“IBEW”), both hereinafter referred to as “the parties”, overtime is currently calculated as time-and-one-half for hours worked in excess of the regularly scheduled hours. This Side Letter Agreement is intended to identify and implement a one-time, non-precedent setting, change to the overtime calculation in order to address emergency staffing needs for the Vallejo Police Department Communications Center.

This will confirm an understanding reached between the City and IBEW. Parties mutually agree to a non-precedent setting, double-time for all overtime hours worked for regular, full-time Communications Operators I, II, and Supervisor, effective the first full pay period following Council adoption, through the end of pay period 1 (which ends December 27, 2024). ________________________________ __________________________________ Stephanie Sifuentes Kim Camatti
Human Resources Director Business Representative, IBEW Local 1245 Date: ___________________________ Date: _____________________________ ACTION ITEM 9.A.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, MMC, City Clerk
SUBJECT: APPROVE A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

RECOMMENDATION
Adopt a resolution making the following appointments:
• Beautification Commission - 1 vacancy
• Design Review Board - 2 vacancies
• Housing & Community Development Commission - 2 vacancies • McCune Collection Commission - 1 vacancy
• PBSC - 3 members and 3 alternate vacancies
• Planning Commission - 1 vacancy

REASONS FOR RECOMMENDATION
A number of vacancies on City Commissions exist. Interviews were conducted at a Special City Council meeting held on September 17. Most applicants attended and participated in the interviews. According to the City Council's procedure for selecting commissioners, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which would have been September 24. Appointments were delayed to the October 8 regular Council meeting given the number of items that were before the City Council at its September 24 meeting.

BACKGROUND AND DISCUSSION
Staff continues its efforts to encourage members of the Vallejo community to volunteer to serve on City Boards and Commissions to fill a number of existing vacancies. Information regarding these vacancies was posted on the City's various social media platforms. The filing period for these vacancies was left open until a sufficient number were received by the City Clerk's Office. The City Clerk's Office received a sufficient number of applications by the beginning of September in order for the Council to proceed forward with applicant interviews.

The application filing period remains open for the following, since a limited number of applications have been received:
• Housing Authority - 1 tenant commissioner
• Housing & Community Development Commissioner - 2 vacancies (Council interviewed one applicant on September 17)
• PBSC - 3 member and 3 alternate member vacancies (Council interviewed 1 applicant on September 17)
• Surveillance Advisory Board, District 3 Member - 1 vacancy

Date: October 8, 2024
Subject: APPROVE A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

Page 2 ends

Applicant interviews were conducted with the full Council on September 17, 2024. Most applicants attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Those applicants who participated in the interviews are presented to the City Council for consideration.

Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.

Beautification Commission
Chapter 2.39 of the Vallejo Municipal Code provides for a BC to consist of seven members who shall be residents of the City.

Presently there is one vacancy due to a term that expired June 30, 2024. One application was received and the applicant attended and participated in the interview with the City Council on September 17. This applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2028.

Design Review Board
Chapter 2.59 of the Vallejo Municipal Code provides for a DRB to consist of five members who shall be residents of the City.

Presently there are two vacancies due to terms that expired on June 30, 2024. Two applications were received from the current incumbents and one applicant attended and participated in the interview with the City Council on September 17. The other incumbent was unable to participate in the interview process but has expressed a desire to be considered for reappointment. These two applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, both appointments shall be made for terms commencing from the date of appointment and expiring on June 30, 2028.

Housing & Community Development Commission
Chapter 2.46 of the Vallejo Municipal Code provides for an HCDC to consist of seven members who shall be residents of the City.

Presently there are two vacancies due to a resignation and a term that expired on June 30, 2024. Two applications were received and one applicant attended and participated in the interview with the City Council on September 17. The one applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill one of the vacancies, the appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2028.

McCune Collection Commission
Chapter 2.51 of the Vallejo Municipal Code provides for a MCC to consist of seven members who shall be residents of the City.

Presently there is one vacancy due to a term that expired on June 30, 2024. The current incumbent submitted an application but was not available to attend and participate in the interviews with the City Council on September 17. The incumbent has expressed a desire to be considered for reappointment. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2028.

Date: October 8, 2024
Subject: APPROVE A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY BOARDS,

COMMISSIONS AND COMMITTEES

Page 3 ends

Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two, 12-month cycles of Vallejo's PB process.

Presently there are 3 regular and 3 alternate member vacancies. Two applications were received for Council consideration and one applicant attended and participated in the interviews with the City Council on September 17. The at-large applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, staff is recommending the appointment be made to fill 1 of the 3 member vacancies. Appointments shall be made for terms to commence from date of appointment and expiring on June 30, 2025.

Planning Commission
Chapter 2.44 of the Vallejo Municipal Code currently provides for a PC to consist of seven members who shall be residents of the City.

Presently there is 1 vacancy due to a resignation. Three applications were received, and all three applicants participated in the interview with the City Council on September 17. The applicants are presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term to commence from the date of appointment and expiring on June 30, 2025.

Staff will continue its efforts to solicit interested applicants for the remaining vacancies to the PBSC, HCDC, Housing Authority Board of Commissioners - tenant commissioner, and SAB District 3 Member.

Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted at the special meeting on September 17. Appointments to these advisory bodies are before the City Council this evening for consideration.

FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.

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

ATTACHMENTS

1. Making Appointments to Various Commissions_100824 CAO Stamp

2. List of Applicants Eligible for Appointment 100824

CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards and commissions may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

The following person is appointed to the Beautification Commission – 1 vacancy (term to expire 6/30/28):

1. _______________________ - term to expire 6/30/28
The following persons are appointed to the Design Review Board – 2 vacancies (terms to expire 6/30/28):

1. _______________________ - term to expire 6/30/28

2. _______________________ - term to expire 6/30/28
The following person is appointed to the Housing & Community Development Commission – 2 vacancies (1 term to expire 6/30/27 and 1 term to expire 6/30/28)

1. ___________________ - term to expire 6/30/28
The following person is appointed to the McCune Collection Commission – 1 vacancy (term to expire 6/30/28):

1. ___________________ - term to expire 6/30/28
The following person is appointed to the Participatory Budgeting Steering Committee – 3 Member and 3 Alternate vacancies (terms to expire 6/30/25):

1. _______________________ - term to expire 6/30/25
The following persons is appointed to the Planning Commission – 1 vacancy (term to expire 6/30/25):

1. ____________________ - term to expire 6/30/28
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 8, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Applicants Eligible for Appointment
October 8, 2024
Beautification Commission – 1 vacancy (term to expires 6/30/28) Angela-Sharee Taylor
Design Review Board – 2 vacancies (terms to expire 6/30/28) *Matt Kennedy
*Daniel Gordon
Housing & Community Development Commission – 2 vacancies (1 term to expire 6/30/27 & 1 term to expire 6/30/28)
LaWanda Smith
McCune Collection Commission - 1 (term to expire 6/30/28) Paul Perry
Participatory Budgeting Steering Committee –3 member & 3 alternate vacancies (terms to expire 6/30/25)
Guillermo Herrera
Planning Commission – 1 (term to expire 6/30/25)
Craig Standafer
Liesel Haldane
Ravi Sandhu
ACTION ITEM 9.B.

DATE: October 8, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: INTRODUCTION OF AN UNCODIFIED ORDINANCE ADOPTING AND APPROVING VALLEJO POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481), BY READING

OF THE TITLE ONLY AND WAIVING FURTHER READING

RECOMMENDATION
Considering introduction of an uncodified Ordinance adopting and approving Vallejo Police Department Policy 706, Military Equipment Use Policy, in compliance with California Assembly Bill No. 481 (AB 481), by reading of the title only and waiving further reading. It is further recommended that the City Council approve the Military Equipment Use Policy (Attachment 1) for the Vallejo Police Department (VPD). This policy addresses the VPD’s funding, acquisition, and use of military equipment as required by Assembly Bill (AB) 481.

REASONS FOR RECOMMENDATION
California Assembly Bill No. 481 (AB 481) was approved by Governor Newsom on September 30, 2021, and became effective on January 1, 2022. AB 481 establishes regulations for the use of military equipment by law enforcement agencies in California. The bill requires that agencies obtain approval from their governing body through an ordinance in a public meeting before funding, acquiring, or using military equipment. After adoption of the ordinance, VPD is required to provide annual reports to the City Council on the usage of military equipment by the department. This staff report provides an overview of the current policy, ordinance, VPD’s inventory of military equipment, and community engagement efforts. It highlights the importance of policy and ordinance approval for maintaining VPD’s operational capabilities.

BACKGROUND AND DISCUSSION
Governor Newsom signed AB 481 on September 30, 2021, as part of policing reform legislation aimed at increasing transparency. Effective January 1, 2022, AB 481, codified under California Government Code Sections 7070 through 7075, mandates that law enforcement agencies secure approval from their governing bodies for a military equipment use policy. This policy must be adopted by ordinance at a public meeting in order for VPD to continue using existing military equipment and before acquiring new equipment. The policy also requires annual reviews, community meetings, and updates.

The Vallejo Police Department equipment inventory includes Military Equipment as defined in California Government Code section 7070. The categories of Military Equipment are:

1. Unmanned, remotely piloted, powered aerial or ground vehicles – Included in the Police Department’s 2024 Military Equipment Inventory Report.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision - Included in the Police Department’s 2024 Military Equipment Inventory Report.

Date: October 8, 2024
Subject: INTRODUCTION OF AN UNCODIFIED ORDINANCE ADOPTING AND APPROVING VALLEJO POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481),

BY READING OF THE TITLE ONLY AND WAIVING FURTHER READING

Page 2 ends

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. VPD has no such equipment.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. VPD has no such equipment.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units - Included in the Police Department’s 2024 Military Equipment Inventory Report.

6. Weaponized aircraft, vessels, or vehicles of any kind. VPD has no such equipment.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. VPD has no such equipment

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. VPD has no such equipment.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. VPD has no such equipment.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency - Included in the Police Department’s 2024 Military Equipment Inventory Report.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles - Included in the Police Department’s 2024 Military Equipment Inventory Report.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray - Included in the Police Department’s 2024 Military Equipment Report.

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD). VPD has no such equipment.

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons - Included in the Police Department’s 2024 Military Equipment Inventory Report.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The Police Department seeks approval to continue to use the equipment listed in the 706.4 2022 Military Equipment Inventory Report in support of police services delivered to the community and acquire new or replacement equipment in 2024 to maintain operational readiness in support of first-responder services.

In accordance with California Government Code 7071, the Police Department has created a Military Equipment Use Policy – Lexipol Policy 706 (Attachment 1), as well as its included 706.4 2022 Annual Military Equipment Inventory Report.

Date: October 8, 2024
Subject: INTRODUCTION OF AN UNCODIFIED ORDINANCE ADOPTING AND APPROVING VALLEJO POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481),

BY READING OF THE TITLE ONLY AND WAIVING FURTHER READING

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In accordance with California Government Code 7072, the adoption of a Military Equipment Use Policy by ordinance, would give the Police Department the approval from City Council to do the following:
(A) Requesting military equipment made available pursuant to 10 USC § 2576a. (B) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (G) Acquiring military equipment through any means not provided above.

Per California Government Code 7072, a Police Department that receives approval for a Military Equipment Use Policy shall submit to the governing body an annual Military Equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use (referenced under 706.4 of the policy).

AB 481 requires the governing body (City Council) to annually review the ordinance for approval or disapprove a renewal of the authorization for a type, as defined, of Military Equipment or amend the Military Equipment Use Policy if the policy does not comply with the standards established by law.

The Police Department released Lexipol Policy 706 to the community via a Press Release on Friday, April 5, 2024, which was more than thirty days prior to City Council’s consideration of the Agenda Item in compliance with Government Code Section 7071 (Attachment 2). The Police Department held an informative community town hall meeting on Wednesday, May 22, 2024 (Attachment 3), in the furtherance of transparency and community partnership.

AB 481 LEGAL REQUIREMENTS
To continue using or acquiring military equipment, VPD must obtain City Council approval via an ordinance adopting a military equipment use policy. The policy must be publicly available for at least 30 days before a hearing, with the Council having 180 days to approve it. Failure to approve the policy will require VPD to cease using the equipment. Annual reports and community meetings are also required, with the Council reviewing and voting on the ordinance annually.

DISCUSSION
Given the complexity and risks of modern law enforcement, specialized equipment is essential for effectively managing high-risk situations to bring a safe and peaceful resolution to critical incidents. Historical events such as the North Hollywood shootout illustrate the need for certain equipment. VPD’s inventory includes equipment necessary for such scenarios, while maintaining strict policies and training requirements. VPD does Date: October 8, 2024
Subject: INTRODUCTION OF AN UNCODIFIED ORDINANCE ADOPTING AND APPROVING VALLEJO POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481),

BY READING OF THE TITLE ONLY AND WAIVING FURTHER READING

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