Vallejo City Council
October 22, 2024

The fiscal impact of the proposed lease will generate new revenue for the Water Enterprise fund. The lease will generate $136,466.02 in new revenue, or an average rent of $13,647.00 per year for the initial ten-year term. $84,935.45 for the first option if exercised, $98,463.47 for the second option, and $114,146.14 for the third option, for total of $434,011.08 if all options are exercised.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301 - Existing Facilities because it concerns a lease of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

ATTACHMENTS

1. Resolution_telecommunications Lease COV -CHP 9-2024 CAO STAMP

2. Exhibit A 3181-001 Somerset Reservoir 2100 Ascot Prkwy Vallejo - Telecom Ground Lease

CONTACT
Melissa Tigbao, P.E., Public Works Director
[email protected]

RESOLUTION NO. 24-______

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

TELECOMIUNICATIONS LEASE BETWEEN THE CITY OF VALLEJO AND THE CALIFORNIA

HIGHWAY PATROL BY AND THROUGH THE DEPARTMENT OF GENERAL SERVICES FOR THE PREMISES LOCATED AT 2100 ASCOT PARKWAY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, The City of Vallejo (“City”) and the California Highway patrol (“CHP”) are parties to that certain telecommunications lease dated March 1, 1990 (“Agreement”), for a portion of land located at Somerset Reservoir, and commonly known and numbered as 2100 Ascot Parkway, Vallejo, California (“ the Premises”) to accommodate a police communication antenna and supporting equipment; and
WHEREAS the lease dated March 1, 1990, between the City and CHP expired on March 1, 2015.

The CHP has been operating at the location as a holdover tenant since that time; and WHEREAS the CHP antenna supports policing activities and enhances public safety in the region, as well as maximizing the use of an underutilized portion of the Premises; and WHEREAS the City and the CHP desire to create and execute a new lease to continue the existing telecommunication use.

NOW, THEREFORE BE IT RESOLVED that the Telecommunication Lease for the Premises, in the form attached hereto as Exhibit A is hereby approved with any edits as recommended by the City Attorney. The City Manager is hereby authorized to execute same.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:

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

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
Somerset Reservoir Page 1 of 15
Lease No. 3181-001

TELECOMMUNICATIONS GROUND LEASE
PREAMBLE This Lease, dated for reference purposes only, April 29, 2024, is made by and between The City of Vallejo, a charter city and municipal corporation, referred to as “Lessor”, by and between the State of California at the direction of the California Highway Patrol (CHP), acting by and through the Director of the Department of General Services (DGS), hereinafter collectively referred to as “State”.

Lessor and State may also be referred to as “Party” or “Parties”.

RECITALS
WHEREAS, pursuant to Section 14669(a) of the Government Code, The Director may hire, lease, lease-purchase, or lease with the option to purchase any real or personal property for the use of any state agency, including the Department of General Services, if he or she deems the hiring or leasing is in the best interests of the state; and
WHEREAS, Lessor has under its jurisdiction certain communications facilities located in the County of Solano, State of California, commonly known as Somerset Highland Reservoir, hereinafter “Premises”; and
WHEREAS, State desires to lease a portion of property described herein from Lessor; and WHEREAS, it is in the best interests of the State that such a lease be consummated between State and Lessor on the terms and conditions herein contained.

NOW THEREFORE, the Parties agree to the provisions that follow and are incorporated herein as:

Section 1: Site Specific Provisions
Section 2: Telecom Specific Provisions
Section 3: Standard Provisions
Location of Leased Premise
Somerset Highlands Reservoir
2100 Ascot Parkway, Vallejo
Solano County
State Lease No.: 3181-001
Project No.: 10843
Agency:

California Highway Patrol (CHP)
Real Property No.: 11894

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 1 –SITE SPECIFIC PROVISIONS
Somerset Reservoir Page 2 of 15
Lease No. 3181-001

PROPERTY

DESCRIPTION

1.Lessor hereby Leases unto the State and State hereby hires from Lessor a parcel of land, approximately 1500 square feet of ground space within the County 1.75 acre parcel at Somerset Tanks, 2100 Ascot Parkway, Vallejo, APN 0082 010 010, together with all easements, rights and privileges appurtenant thereto, hereafter referred to as “Premises” for a telecommunications site, situated in the County of Solano, State of California, as illustrated on the attached map, designated as Exhibit A, Site Map, consisting of one (1) page, and Exhibit B, vault and tower drawings, consisting of two (2) pages, and more particularly described as follows:

CHP owned improvements: one (1) equipment shelter, approximately 361 square feet; one (1) 80’ telecommunications tower; one (1) propane tank; and one (1) generator within the fenced area.

Commencing at a rebar with a cap marked RCE 10879 and being located at the most northerly corner of Parcel “E” of a map entitled “Garthe Ranch” recorded in Book 26 of Parcel Maps, Page 37, in the office of the Solano County Recorder; thence North 32°37’00” West, 477.50 feet; thence North 12° 17’ 34” East, 668.62 feet to a rebar with a cap marked RCE 33173, said point also being the True Point Of Beginning; thence North 32° 37’00” West, 157.00 feet to a rebar with a cap marked RCE 33173; thence North 27° 54’ 28” East, 200.00 feet to a rebar with a cap marked RCE 33173; thence North 86° 00’ 00” East, 93.00 feet to a rebar with a cap marked RCE 33173; thence South 60° 00’ 00” East, 102.00 feet to a rebar with a cap marked RCE 33173; thence South 40° 00’ 00” West, 88° 52’ 44” West, 207.45 feet to the True Point Of Beginning, containing approximately 1.76 acres of land.

USE 2.Lessor shall allow State to install, operate, maintain, repair, and remove its equipment in accordance with terms and conditions of this Lease. State shall have the right to anchor guy-wires and maintain and/or remove them as necessary.

CITY

RESERVED
SPACE

3.Lessor and State agree that State shall provide Lessor, for its exclusive use and at no cost to Lessor, five (5) rack spaces designated by State and acceptable to Lessor, within the radio vault, and Lessor to continue to have full and independent access to same.

TERM 4.The initial term of this Lease shall commence on July 1, 2024 and shall end June 30, 2034, with State having three (3) successive options to extend the Term of the Lease for five (5) years each option.

Unless State gives prior written notice within sixty (60) days of the end of a five (5) year term that it will not exercise its option, the Lease will automatically extend for an additional five (5) years. The last five (5) year term will end June 30, 2049.

All other provisions of the Lease shall remain the same unless either Party notifies the other in writing sixty (60) days in advance of the end of the current Term, with such rights of termination as may be hereinafter expressly set forth.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 1 –SITE SPECIFIC PROVISIONS
Somerset Reservoir Page 3 of 15
Lease No. 3181-001
RENT 5.It is mutually agreed between the Parties hereto that rent shall be paid by State from legally available funds for the purpose of making payments under this lease to Lessor in arrears on the last day of each month during said term as follows:

Start Date End Date Payment/Mo
Initial Term
July 1, 2024 to June 30, 2025 $992.00
July 1, 2025 to June 30, 2026 $1,022.00
July 1, 2026 to June 30, 2027 $1,052.00
July 1, 2027 to June 30, 2028 $1,084.00
July 1, 2028 to June 30, 2029 $1,117.00
July 1, 2029 to June 30, 2030 $1,150.00
July 1, 2030 to June 30, 2031 $1,184.00
July 1, 2031 to June 30, 2032 $1,220.00
July 1, 2032 to June 30, 2033 $1,257.00
July 1, 2033 to June 30, 2034 $1,294.00
First option
July 1, 2034 to June 30, 2035 $1,333.00
July 1, 2035 to June 30, 2036 $1,373.00
July 1, 2036 to June 30, 2037 $1,414.00
July 1, 2037 to June 30, 2038 $1,457.00
July 1, 2038 to June 30, 2039 $1,500.00
Second Option
July 1, 2039 to June 30, 2040 $1,546.00
July 1, 2040 to June 30, 2041 $1,592.00
July 1, 2041 to June 30, 2042 $1,640.00
July 1, 2042 to June 30, 2043 $1,689.00
July 1, 2043 to June 30, 2044 $1,739.00
Third Option
July 1, 2044 to June 30, 2045 $1,792.00
July 1, 2045 to June 30, 2046 $1,845.00
July 1, 2046 to June 30, 2047 $1,901.00
July 1, 2047 to June 30, 2048 $1,958.00
July 1, 2048 to June 30, 2049 $2,017.00
This Lease provides for three (3) automatic renewal options of five (5) years each to extend the Lease term. Should State exercise its option to extend the Lease term, the rents will continue to increase at a rate of three percent (3%) annually pursuant to the schedule above.

Rental Warrants Shall be Made Payable to Lessor and Mailed to the Following Address:

City of Vallejo
Attn: Finance Director
555 Santa Clara Street
Vallejo, CA 94590

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 1 –SITE SPECIFIC PROVISIONS
Somerset Reservoir Page 4 of 15
Lease No. 3181-001
All notices and correspondence must reference Somerset Reservoir, 2100 Ascot Parkway, Vallejo and
State’s File No. 3181-001.

EARLY

TERMINATION

6.Either Party may terminate this Lease at any time by giving written notice to the other Party at least one hundred eighty (180) days prior to the date when such termination shall become effective.

UTILITIES &

SERVICES

7.Lessor and State shall continue to access power within Lessor’s existing power conduit by means of Lessor’s utility easement across neighboring property. Lessor and State agree that all costs and expenses for maintenance and repairs which are directly related to the subject power conduit shall be borne equally by both Parties.

Such maintenance and repairs may be at surface or subsurface levels within the ten (10) foot easement beginning at the Pacific Gas and Electric meter which is located adjacent to Lake Herman Road; thence along the easement to the radio site as far as the power conductors are co-located in a common conduit. At the Radio Site, the equal sharing of the maintenance and repairs costs and expenses shall cease and not extend beyond the point where the common conduit splits and becomes two separate conduits, one (1) for Lessor, and one (1) for State.

Either Party may perform the maintenance and/or repairs, provided, however, that notice shall be given to the other Party prior to commencement of all maintenance and/or repair work.

PRORATIONS 8.Rent payable hereunder for any period of time less than one month shall be determined by prorating the monthly rent herein specified based on a thirty (30) day month and on the actual number of days the State occupies the Premises.

NOTICES 9.All notices and correspondence herein provided to be given, or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows:

To Lessor:City of Vallejo
Attn: Property Manager
555 Santa Clara Street
Vallejo, CA 94590
Phone: (707) 648-4315
Email: [email protected]
To State: Department of General Services
Real Estate Services Division
Lease Management, 3181-001
707 3rd Street, 5th Floor
West Sacramento, CA 95605
Office: (916) 375-4171
[email protected]

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 1 –SITE SPECIFIC PROVISIONS
Somerset Reservoir Page 5 of 15
Lease No. 3181-001

NOTICES
(CONT)
With Copies To: California Highway Patrol
Telecommunications Section – Leasing
601 N. 7th Street – Building C
Sacramento, CA 95811-0208
Phone: (916) 843-4200
Email: [email protected]
Specific names, email addresses, and phone numbers shall also be provided by each of aforementioned contact Parties for the others. Each Party shall notify the other of a change in contact information within thirty (30) days of such change.

Nothing herein contained shall preclude the giving of any such written notice by personal service. The address to which notices and correspondence shall be mailed to either Party may be changed by giving written notice to the other Party.

HOLD-OVER

AND LEASE

RENEWAL

10.In the event State remains an occupant of the Premises after the expiration of the Lease term, or any extension thereof, this Lease shall be automatically extended on a month to month basis, subject to thirty (30) days termination by either Party, and otherwise on the terms and conditions herein specified, so far as applicable.

The rental rate will continue to increase by three percent (3%) annually during the holdover period.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 2 –TELECOM SPECIFIC PROVISIONS
Somerset Reservoir Page 6 of 15
Lease No. 3181-001

1. INSPECTION.

Lessor reserves the right to enter and
inspect the Premises at reasonable times.

2. NON-EXCLUSIVE RIGHT TO USE ROAD
AND ROAD MAINTENANCE.

State shall have the right of ingress and
egress to and from the Premises over other
lands controlled by Lessor, adjacent to the
demised Premises, along the course or
courses designated by Lessor.

State, including its authorized agents,
employees and contractors, shall have a
non-exclusive right to use the access road
and utility access that serves the
telecommunications site.

Lessor retains the right to control access to
the site due to weather and other conditions
that make travel to the Premises unsafe.

Lessor retains the right to impose conditions
necessary for access as necessary which
include but not limited to prior notification for
access, speed limits, and access during
daylight hours only.

Lessor shall maintain all access roadways
under its control from the nearest public
roadway to the Premises in a manner similar
to the conditions on the commencement
date of the lease. Lessor shall be
responsible for maintaining and repairing
such roadways, at its sole expense. State
agrees to promptly repair any abnormal or
excessive road damage to such roadways
solely caused by State’s use.

3. ALTERATIONS TO PREMISES.

State shall have the right during the
existence of this Lease, to make alterations
to State’s improvements without notice to
Lessor. Such items placed in or upon or
attached to the Premises under this Lease
shall be and shall remain the property of the
State and shall be removed therefrom by the
State prior to the termination or expiration of
this Lease or any renewal or extension
thereof, or within a mutually agreed upon
time thereafter.

4. EQUIPMENT CHANGE.

Any addition to State’s approved equipment
requires technical approval from Lessor,
consistent with the “Interference”
Paragraph.

To initiate approval for a change of
equipment, State must first contact Lessor
to obtain written approval.

Notwithstanding the above, State may swap
like for like equipment without approval from
Lessor.

5. ELECTRONIC EQUIPMENT
STANDARDS.

With regard to specific site standards and
any other statues pertaining to the use of
electronic equipment: State agrees to
install, maintain, and operate its electronic
equipment in accordance with all such
requirements. If State was in occupation
under a previous Lease, State shall have
one hundred and eighty (180) days from the
commencement of the Lease to conform to
any new site standards. State shall display
on each piece of equipment the appropriate
license from the federal regulatory agency.

6. INTERFERENCE.

Lessor acknowledges that State is
responsible for State’s Public Safety
Microwave System (PSMS), used to support
all types of radio, digital, microwave, and
fiber optic communications of the State of
California.

Communication equipment installed by
Lessor’s tenants subsequent to this Lease
between Lessor and State shall be
engineered to State’s existing PSMS
installation, to insure compatibility. Lessor
agrees that its subsequent tenant shall
install, maintain, and operate their electronic
equipment in accordance with the highest
engineering standards prevailing in the
communications industry.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 2 –TELECOM SPECIFIC PROVISIONS
Somerset Reservoir Page 7 of 15
Lease No. 3181-001

7. WORKMANSHIP STANDARDS.

The installation and maintenance of the
electronic equipment of State shall be
performed in a neat and workmanlike
manner and shall conform in all respects to
the fire, safety and construction standards
deemed applicable to such installation by
the State and be satisfactory to State.

8. SURRENDER OF POSSESSION.
(a) Upon termination or expiration of this
Lease, State shall peaceably and quietly
leave, surrender, and yield to Lessor, all and
singular, the Premises in good order,
condition, and repair, reasonable use and
wear thereof and damage by acts of nature,
excepted. State shall remove any and all
hazardous materials it has caused to be
upon or within the Premises (such as
batteries and items included on Proposition
65’s list that is effective at the time
discovered) and in doing so shall comply
with all laws, either Federal, State, or local.

Upon termination, a qualified representative
of the Lessor shall inspect the Premises to
determine that said Premises were left in
accordance with the terms specified.
(b) In the event State’s tenancy has resulted
in damage to the PREMISES, State shall be
responsible for the cost to restore the
PREMISES to its prior condition. State shall
remove any surface or subsurface
improvements or fixtures placed on the land
by State and restore the portion of damaged
land caused by the installation or removal of
improvements or fixtures.

9. DISPOSITION OF LESSEE’S PERSONAL
PROPERTY.
(a) During the term of this Lease, all wires,
equipment, and other personal property
placed in, upon, or under the Premises by
State shall remain the property of State and
shall be removed by State, at its sole cost
and expense within sixty (60) days after
expiration or termination of State’s tenancy.
(b) State may, however, with written
consent of Lessor, abandon in place any
and all of State’s equipment and personal
property, whereupon, as abandoned, title to
said improvements will vest in Lessor.

End of Section 2

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 3 – STANDARD PROVISIONS
Somerset Reservoir Page 8 of 15
Lease No. 3181-001

1. PERMITS AND APPROVALS.

Lessor and State agree that State’s ability to
use the Premises is dependent upon State
obtaining all of the certificates, permits,
licenses, and other approvals that may be
required from any third Party. Lessor will
cooperate with State at no expense to
Lessor, in State’s effort to obtain such
approvals in connection with said permits.

2. COMPLIANCE WITH LAWS.

State shall at its sole cost and expense
comply with all the statutes, laws,
ordinances and regulations of all municipal,
state and federal authorities now in force or
which may hereafter be in force pertaining
to the Premises and use of the Premises as
provided by this Lease.

3. ASSIGNMENT, SUBLETTING AND
CHANGE IN USE.

State shall not assign this Lease or sublet
said facility to non-State users without prior
written consent of Lessor, which consent
shall not be unreasonably withheld. An
assignment without the written consent of
the Lessor is void and will terminate the
Lease at the option of the Lessor. Lessor
may assign its rights and interests in said
Lease without State’s permission.

State reserves the right to substitute other
State agencies, and such substitution shall
not be considered an event of subletting or
assignment pursuant to this clause.

4. INSURANCE.

Lessor understands and agrees to the
following:

In accordance with Government Code
section 11007.4, the State of California has
elected to be self-insured for liability
exposures.

Under this form of insurance, the State and
its employees acting in the course and
scope of their employment are insured for
tort liability arising out of official State
business. All claims against the State of
California based on tort liability should be
presented as a government claim to the
Government Claims Program, P.O. Box
989052 MS 414, West Sacramento, CA
95798-9052. (Gov. Code section 900, et.

Seq).

The State of California has also elected to
be insured for its motor vehicle liability
exposures through the State Motor Vehicle
Liability Self-Insurance Program (VELSIP).

This program provides liability coverage
arising out of the operations of motor
vehicles used by state employees for official
state business (California Vehicle Code
Sections 17000 and 17001). Motor vehicle
liability claims against the State of California
should be presented to the Office of Risk
and Insurance Management, P.O. Box
989052 MS-403, West Sacramento, CA
95798-9052, (800) 900-3634,
[email protected]. If your motor vehicle
liability claim is not resolved within six
months from the date of loss, California law
requires you to file a formal claim with the
Government Claims Program, P.O. Box
989052 MS 414, West Sacramento, CA
95798-9052. (Gov. Code section 900, et.
seq.).

The State of California has a Master
Agreement with the State Compensation
Insurance Fund regarding workers’
compensation benefits for all state
employees, as required by the Labor Code.

5. ACTS OF NATURE.

If any of State’s improvements or equipment
is destroyed by acts of nature, State may
replace them with improvements or
equipment of the same general type that
meets or exceeds the technical
specifications of the original equipment,
which occupies no more physical space and
that consumes no more electrical power.

State shall immediately notify Lessor of
such items and the date the replacement is
completed.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 3 – STANDARD PROVISIONS
Somerset Reservoir Page 9 of 15
Lease No. 3181-001

6. DESTRUCTION OF PREMISES.

If the Premises is partially or totally
destroyed or damaged by fire, acts of
nature, or other casualty so that the Leased
area is un-tenantable as determined by
State, State may terminate this Lease upon
thirty (30) days written notice to Lessor and
no further rental will be due.

7. QUIET POSSESSION.

Lessor agrees that State, while keeping and
performing the covenants herein contained,
shall at all times during the existence of this
Lease, peaceably and quietly have, hold,
and enjoy the Premises without suit, trouble,
or hindrance from the Lessor or any person
claiming under the Lessor.

8. HOLD HARMLESS INDEMNIFICATION.

To the extent permitted by Government
Code section 14662.5, State agrees to
indemnify and hold harmless Lessor for any
damage proximately caused by State by
reason of the State’s uses authorized in this
Lease. The State shall not indemnify or hold
Lessor harmless for any claim or damages
caused by Lessor’s sole negligence or willful
misconduct, or any other claims or damages
not expressly authorized by Government
Code section 14662.5.

Lessor does hereby agree to indemnify,
defend, and save State harmless from any
damage proximately caused by Lessor, or
arising out of, or in any way connected with
the acts or omissions by Lessor that may
arise from Lessor or their agent's
employees, contractor's actions except to
the extent that any such damages or
expenses suffered by State are solely the
result of any persons acting under or on
behalf of State.

9. ORAL AGREEMENTS.

It is mutually understood and agreed that no
alterations or variations of the terms of this
Lease shall be valid unless made in writing
and signed by the Parties hereto, and that
no oral understanding or agreement not
incorporated herein, shall be binding on any
of the Parties hereto.

10. SMOKING RESTRICTIONS.

Smoking shall not be allowed inside any
building, or within 20 feet of any entrance or
operable window of any building.

11. AUTHORITY TO CONTRACT.
(a) Each individual executing this Lease on
behalf of said Lessor shall provide evidence,
which is acceptable to the State, that he/she
is duly authorized to execute and deliver this
Lease on behalf of said Lessor in
accordance with a duly adopted resolution
of the Board of Directors or in accordance
with the Bylaws of said Board, and that this
Lease is binding upon said Board of
Directors in accordance with its terms.
(b) Prior to the execution of this Lease,
Lessor shall provide State with a copy of
Lessor’s current bylaws and corporate filing
status as filed with the California Secretary
of State.

12. PARTNERSHIP DISCLAIMER.

Lessor its agents and employees shall act in
an independent capacity and not as officers
or employees of State. Nothing herein
contained will be construed as constituting
the Parties herein as partners.

13. CEQA.

Any physical changes made to the
improvements by State or its agents shall
comply with the California Environmental
Quality Act (CEQA) if applicable.

14. AMENDMENTS AND MODIFICATIONS.

No amendment, modification, or
supplement to this Lease shall be binding on
either Party unless it is in writing and signed
by the Party to be bound by the modification.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 3 – STANDARD PROVISIONS
Somerset Reservoir Page 10 of 15
Lease No. 3181-001

15. MUTUAL CONSENT.

Notwithstanding anything herein contained
to the contrary, this Lease may be
terminated and the provisions of the Lease
may be altered, changed, or amended by
mutual consent of the Parties hereto in
writing.

16. FORCE MAJEURE.

If either Lessor or State will be delayed or
prevented from the performance of any act
required hereunder by reason of acts of
Nature, governmental restrictions,
regulations or controls (except those
reasonably foreseeable in connection with
the uses contemplated by this Lease) or
other cause without fault and beyond the
control of the Party obligated (except
financial inability), performance of such act
shall be excused for the period of the delay
and the period for the performance of any
such act shall be extended for a period
equivalent to the period of such delay.

17. ENTIRE AGREEMENT.

This Lease and its exhibits constitute the
entire agreement between State and
Lessor. No prior written or prior,
contemporaneous or subsequent oral
promises or representations shall be
binding.

18. PARAGRAPH HEADINGS.

All Paragraph headings contained herein
are for convenience of reference only and
are not intended to define or limit the scope
of any provision of this Lease.

19. SEVERABILITY.

If any term, covenant, condition, or provision
of this Lease or any application thereof, to
any extent, is found invalid, void, or
unenforceable by a court of competent
jurisdiction, the remainder of this Lease will
not be affected thereby, and will be valid and
enforceable to the fullest extent permitted by
law.

20. SEPARATE COUNTERPARTS.

This Lease may be executed in
counterparts, each of which shall be
deemed to be an original, but all of which,
taken together, shall constitute one and the
same Agreement. The exchange of copies
of this Lease and of signature pages by
electronic mail in “portable document
format” (“pdf”) form or by any other
electronic means shall constitute effective
execution and delivery of this Lease. In the
event the Lease is executed by wet ink
signatures, the original signatures shall also
be exchanged between the Parties via mail,
in addition to any exchange via electronic
means.

21. EXECUTIVE ORDER N-6-22 – RUSSIA
SANCTIONS.

On March 4, 2022, Governor Gavin
Newsom issued Executive Order N-6-22
(EO) regarding Economic Sanctions against
Russia and Russian entities and
individuals. “Economic Sanctions” refers to
sanctions imposed by the U.S. government
in response to Russia’s actions in Ukraine,
as well as any sanctions imposed under
state law. The EO directs state agencies to
terminate contracts with, and to refrain from
entering any new contracts with, individuals
or entities that are determined to be a target
of Economic Sanctions. Accordingly,
should the State determine Contractor is a
target of Economic Sanctions or is
conducting prohibited transactions with
sanctioned individuals or entities, that shall
be grounds for termination of this
agreement. The State shall provide
Contractor advance written notice of such
termination, allowing Contractor at least 30
calendar days to provide a written
response. Termination shall be at the sole
discretion of the State.

22. SUPERSEDURE.

This Lease supersedes and voids any prior
license, lease or agreement between the
State and the Lessor identified in this Lease
with regards to the Premises.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION
SECTION 3 – STANDARD PROVISIONS
Somerset Reservoir Page 11 of 15
Lease No. 3181-001

23. BINDING.

The terms of this Lease and covenants and
agreements herein contained shall apply to
and shall bind and inure to the benefit of the
heirs, representatives, assigns and
successors in interest of the Parties hereto.

24. ESSENCE OF TIME.

Time is of the essence for each and all of the
provisions, covenants, and conditions of this
Lease.

End of Section 3
Somerset Reservoir Page 12 of 15
Lease No. 3181-001
There have been no representations by State or understandings made between State or Lessor other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the Parties hereto.

IN WITNESS WHEREOF, this Lease has been executed by the Parties hereto as of the date listed below.

STATE OF CALIFORNIA LESSOR:

DIRECTOR OF DEPARTMENT OF CITY OF VALLEJO GENERAL SERVICES a charter city and municipal corporation

By: By:

Trevor Johnson, Assistant Chief Andrew Murray
State Owned Leasing and Development City Manager

DGS APPROVAL RECOMMENDED: Attest:

DEPARTMENT OF GENERAL SERVICES By:

STATE OWNED LEASING AND DEVELOPMENT Dawn Abrahamson
City Clerk
By: Approved as to Form:

Kimberley Tsumura
Sr. Real Estate Officer By:

Veronica A.F. Nebb
City Attorney
CONSENT:

CALIFORNIA HIGHWAY PATROL Approved as to Content:

By: By:

J.D. Saccani Melissa Tigbao
Assistant Chief Public Works Director
Administrative Services Division
Date:

Somerset Reservoir Page 13 of 15
Lease No. 3181-001
Exhibit A
Site Map

Somerset Reservoir Page 14 of 15
Lease No. 3181-001
Exhibit B
(Page 1 of 2)
Vault Drawings

Somerset Reservoir Page 15 of 15
Lease No. 3181-001
Exhibit B
(Page 2 of 2)
Tower Drawings

CONSENT CALENDAR 8.G.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH BOB HALL AND

ASSOCIATES REVISING THE TERM AND INCREASING THE COMPENSATION TO A NEW NOT-TO-EXCEED AMOUNT OF $110,000, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE CITY

RECOMMENDATION
Adopt a Resolution approving a Second Amendment to the Consultant and Professional Services Agreement with Bob Hall and Associates to extend the term to June 30, 2025, and to add $15,500 to the Agreement, for a total not to exceed amount of $110,000, and authorize the City Manager to execute same.

REASONS FOR RECOMMENDATION
Bob Hall and Associates has been providing recruitment services through an Agreement since December 2023. A Second Amendment to that Agreement is needed to continue receiving those services for other executive level recruitments.

BACKGROUND AND DISCUSSION
A Consultant and Professional Services Agreement (Agreement) in the amount of $29,500 was executed with Bob Hall and Associates in December 2023. The Agreement was for recruitment services for the City Manager position. In May 2024, the Agreement was amended to increase the not to exceed amount to $94,500 to continue recruitment services for the Police Chief and Planning Director positions, the latter of which was replaced for the recruitment of the Assistant City Manager position. We are requesting to amend the term and not to exceed amount in order to add the recruitment services for the Water Resource Manager position.

Staff are requesting approval of this Second Amendment to the original Agreement to continue the need for recruitment services of executive level positions.

FISCAL IMPACT
Approval for this item will enable City staff to order up to an additional $15,500 in recruitment services through Bob Hall and Associates. All funding for such additional costs would be absorbed from existing Human Resources Department and Water Department budgets. No additional funding is being requested as part of this item tonight.

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

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH BOB HALL

AND ASSOCIATES REVISING THE TERM AND INCREASING THE
COMPENSATION TO A NEW NOT-TO-EXCEED AMOUNT OF $110,000, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT

ON BEHALF OF THE CITY

1. Resolution (2nd Amendment) (Bob Hall & Associates) CAO Stamp

2. Consultant and Professional Services Agreement - 2nd Amendment (Bob Hall & Associates) CAO Stamp

3. 24HR137 Bob Hall & Associates - 1st Amendment (Eff 2024.05.14 - Executed 2024.05.17)

CONTACT
Stephanie Sifuentes, Human Resources Director, (707) 648-4363 [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 THE SECOND AMENDMENT TO THE CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH BOB HALL AND ASSOCIATES

REVISING THE TERM AND INCREASING COMPENSATION AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME
WHEREAS, Bob Hall and Associates has been providing the City with executive level recruitment services pursuant to a Consultant and Professional Services Agreement dated December 15, 2023 (the “Agreement”); and
WHEREAS, the original Agreement was for recruitment services for the City Manager position; and
WHEREAS, a first amendment to the Agreement added recruitment services for the Police Chief and Assistant City Manager positions; and
WHEREAS, the City has a need for an additional executive level recruitment for the Water Resource Manager position; and
WHEREAS, the additional recruitment services will require extending the term of the agreement to June 30, 2025, and an increase to the compensation by $15,500 for a revised total not to exceed amount of $110,000.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Second Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Bob Hall and Associates to extend the term of the agreement to June 30, 2025, and increase the compensation by $15,500 for a total not to exceed amount of $110,000 and authorizes the City Manager to execute the Second Amendment on behalf of the City.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

Second Amendment to Agreement Between City of Vallejo and Bob Hall & Associates Page 1 of 2 (Revised 01.2019)

SECOND AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF VALLEJO
AND

BOB HALL & ASSOCIATES
T
his Second Amendment (the “Second Amendment”) to the Consultant and Professional Services Agreement made and entered into on December 15, 2023 , and (the “Agreement”), between Bob Hall & Associates (the “Consultant”), and the City of Vallejo, a municipal corporation, (the “City”), is made and entered into on this 25 th day of September 2024.

Cons
ultant and City do mutually agree as follows:

1. R
evised Term of the Agreement. As of the date of this Second Amendment, the term of the Agreement as set forth in paragraph 16 of the Agreement is extended to June 30, 2025.

2. A
mendment to Attachment 1 of Exhibit B Compensation. Attachment 1 of Exhibit B is hereby amended to increase Consultant’s total compensation by fifteen thousand five hundred dollars and no cents ($15, 500.00) for a revised not to exceed amount of one hundred ten thousand dollars and no cents ($110,000.00).

C
onsultant agrees that the amount of increase set forth above shall constitute full compensation for the Services and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.

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

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

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

6. C
ounterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and Approved as to form:

By: for
Veronica Nebb, City Attorney

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

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

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
9/10/2024
License # 075777615792Bob Hall Associates4336 Guava Ct.Las Vegas, NV 8913531534 A 2,000,000XPSN05400340228/15/20248/15/2025250,0005,0002,000,0004,000,0002,000,0001,000,000A PSN05400340228/15/20248/15/2025 B WZFH794927038/15/20248/15/20251,000,000N 1,000,0001,000,000AE&O CyberPSN05400340228/15/2024$1M Ea Claim/Agg:2,000,000AE&O CyberPSN05400340228/15/20248/15/2025Retention2,500City of Vallejo is Additional Insured with regard to General Liability when required by written contract per attached policy endorsement.

City of Vallejo555 Santa Clara StreetVallejo, CA 94590
BOBHALL-02SGONZALEZ
HUB International Insurance Services Inc.PO Box 4047Concord, CA 94524-4047Marta [email protected] at Lloyd's LondonCitizens Insurance Company of America X8/15/2025

X XXX X
35 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights Reserved
Recruitment, Employment &
Staffing v3.1

77. Vacant premises
in respect of INSURING CLAUSES 5 and 6, resulting from premises left vacant for more than 60 consecutive days.

78. War and cyber war
arising directly or indirectly out of:
a. war; or
b. cyber war.

However, part b. above will not apply to:
a. INSURING CLAUSE 2 (SECTION B only); and
b. that part of any claim relating to any computer systems which are physically located outside of an impacted state.

79. Website content accessibility
arising directly or indirectly out of the actual or alleged violation of any laws, regulations or guidelines relating to the accessibility of your website content.

80. Willful or dishonest acts of senior executive officers arising directly or indirectly out of any willful, criminal, malicious or dishonest act, error or omission by a senior executive officer as determined by final adjudication, arbitral tribunal or written admission.

CONDITIONS

1. What you must do in the event of a claim or cyber incident If any senior e xecutive o fficer becomes aware of any incident which may reasonably be expected to give rise to a claim under this Policy you must:
a. notify the claims m anagers as soon as is reasonably practicable (in respect of cyber incidents, a telephone call to our cyber i ncident r esponse h otline will constitute notification). However, this notification must be made no later than the end of any applicable extended reporting period;
b. in respect of INSURING C LAUSES 2 ( SECTION D only), 3 and 5, report the theft or incident as soon as is reasonably practicable to the appropriate law enforcement authorities and provide us with a copy of this report on our request; and c. not admit liability for or settle or make or promise any payment or incur any costs and expenses without our prior written agreement (which will not be unreasonably withheld).

Named Insured: Bob Hall Associates
Policy Number: PSN0540034022
36 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment,Employment&Staffingv3.1 In respect of INSURINGCLAUSES1 and 4 (SECTIONF only), if you notify an incident that weagree is reasonably expected to give rise to a claim, we will accept any claim that arises out of the incident as being notified under this Policy.We require you to provide full details of the incident, including but not limited to:a. the time, place and nature of the incident;b. the manner in which you first became aware of this incident;c. the reasons why you believe that this incident could give rise to a claim under this Policy;d. the identity of the potential claimant; ande. an indication as to the size of the claim that could result from this incident.In respect of INSURINGCLAUSES2 and 3, if you discover a cybereventyou may only incur costs without our prior written consent within the first 72 hours following the discovery and any thirdparty costs incurred must be with a company forming part of the approvedclaimspanelproviders. All other costs may only be incurred with the prior written consent of the claimsmanagers (which will not be unreasonably withheld).2.AdditionalinsuredsWe will indemnify any thirdparty as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that:a.you contracted in writing to indemnify the thirdparty for the claim prior to it first being made against them; andb. had the claim been made against you, then you would be entitled to indemnity under this Policy.Before we indemnify any additional insured they must:a. prove to us that the claim arose solely out of an act committed by you; andb. fully comply with CONDITION1 as if they were you.Where we indemnify a thirdparty as an additional insured under this Policy, this Policy will be primary and non-contributory to the thirdparty's own insurance, but only if you and the thirdparty have entered into a contract that contains a provision requiring this.Where a thirdparty is treated as an additional insured as a result of this Condition, any claimmade by that thirdparty against you will be treated by us as if they were a thirdparty and not as an insured.

Additionalinsureds
primary and non-contributory to the
37 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1

3.Agreement to pay claims (duty to defend)We have the right and duty to take control of and conduct in your name the investigation, settlement or defense of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by this Policy.You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience, taking into account the subject matter of the claim, and the cost to provide a defense.We will endeavor to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the claimant. If we cannot settle using these means, we will pay the amount which you are found liable to pay either in court or through arbitration proceedings, subject to the limit of liability.We will not settle any claim without your consent. If you refuse to provide your consent to a settlement recommended by us and elect to continue legal proceedings in connection with the claim, any further costs and expenses incurred will be paid by you. As a consequence of your refusal, our liability for the claim will not be more than the amount for which the claim could have been settled had you consented, plus any costs and expenses incurred prior to the date of your refusal.4.Application warrantyYou agree that all statements made by you in the application form, including any renewal application form, and any supplemental materials you have supplied in support of the application for insurance, are your agreements and representations to us and the Policy is issued in reliance upon that information. The misrepresentation or non-disclosure of any matter by you or your agent will render this Policy null and void and relieve us from all liability under this Policy.5.Calculation of business interruption lossesFollowing an interruption to your business activities covered under INSURING CLAUSES 2 (SECTION F only) or 6, you must provide us with your calculation of the loss including:a. how the loss has been calculated and what assumptions have been made; andb. supporting documents including account statements, sales projections and invoices.6.CancellationThis Policy may be canceled with 30 days written notice by either you or us.If you give us notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. However, if you have made a claim under this Policy there will be no return premium. 38 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1 If we give you notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect.We also reserve the right of cancellation in the event that any amount due to us by you remains unpaid more than 60 days beyond the inception date. If we exercise this right of cancellation it will take effect from 14 days after the date the written notice of cancellation is issued.The Policy Administration Fee will be deemed fully earned upon inception of the Policy.7.Commercial property amount insured reinstatementIn respect of INSURING CLAUSE 5, in the event that the amount insured is partially reduced or totally exhausted due to the payment of a claim as a result of damage to your premises or contents, the amount insured will be automatically reinstated, provided:a.we do not give you written notice within 30 days of the notification of damage stating otherwise;b. where the amount of loss, net of the applicable deductible, exceeds $20,000 you pay an additional premium as advised by us; andc.you agree to any other risk management conditions requested by us.8.Continuous coverIn respect of INSURING CLAUSES 1 and 4 (SECTION F only), if during the period of a previous renewal of this Policy you neglected, through error or oversight only, to report to us an incident that might give rise to a claim, then provided you have maintained uninterrupted insurance of the same type with us since expiry of the previous renewal of this Policy, we will permit the incident to be reported to us under this Policy and we will indemnify you under this Policy in respect of any claim that arises out of the incident, provided:a. the indemnity will be subject to the applicable limit of liability of the previous renewal of this Policy under which the incident should have been reported to us or the applicable limit of liability, whichever is the lower;b.we may reduce the indemnity entitlement by the monetary equivalent of any prejudice which has been suffered as a result of the delayed notification; andc. the indemnity will be subject to all other terms and conditions of this Policy.We require you to provide full details of the incident, including but not limited to:a. the time, place and nature of the incident;b. the manner in which you first became aware of this incident;c. reasons why you believe that this incident could give rise to a claim;d. the identity of the potential claimant; ande. an indication as to the size of the claim that could result from this incident. 39 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1 For the avoidance of doubt, this Condition only applies to incidents that might give rise to a claim.9.Cross liability and severabilityIn respect of INSURING CLAUSE 4 only, where there is more than one entity insured under this Policy, and subject to the limit of liability, any claim made by one insured entity against another insured entity will be treated as if they are a third party and knowledge possessed by one insured entity will not be imputed to any other insured entity.10.Dispute resolutionAll disputes or differences between you and us will be referred to mediation or arbitration and will take place in the country of registration of the company named as the insured in the Declarations page.In respect of any arbitration proceeding we will follow the applicable rules of the arbitration association in the country where the company stated as the insured in the Declarations page is registered, the rules of which are deemed incorporated into this Policy by reference to this Condition. Unless the applicable arbitration association rules state otherwise, a single arbitrator will be appointed who will be mutually agreed between you and us. If you and we cannot agree on a suitable appointment then we will refer the appointment to the applicable arbitration association.Each party will bear its own fees and costs in connection with any mediation or arbitration proceeding but the fees and expenses of the arbitrator will be shared equally between you and us unless the arbitration award provides otherwise.Nothing in this Condition is intended to remove your rights under CONDITION 23. However, if a determination is made in any mediation or arbitration proceeding, CONDITION 23 is intended only as an aid to enforce this determination.11.Due diligenceIn respect of INSURING CLAUSE 5, you will at your own expense take all practicable steps during the period of the policy to:a. prevent loss of or damage to your premises or contents, including taking practicable steps to reduce the risk of theft of your contents whilst in any vehicle by keeping them out of sight;b. maintain your premises or contents in a proper state of maintenance and repair; andc. take all reasonable steps to observe and comply with any applicable laws, obligations or requirements. 40 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1

12.Establishing loss of contentsIf you make a claim under this Policy for loss of contents, you must reasonably establish how and when the incident took place.13.Extended reporting periodAn extended reporting period of 60 days following the expiry date will be automatically granted at no additional premium. This extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy:a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you during the period of the policy and reported to us during this extended reporting period;b. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during the period of the policy and reported to us during this extended reporting period; andc. any circumstance that a senior executive officer became aware of during the period of the policy and reports to us during this extended reporting period.No claim will be accepted by us in this 60 day extended reporting period if you are entitled to indemnity under any other insurance, or would be entitled to indemnity under such insurance if its limit of liability was not exhausted.14.Optional extended reporting periodIf we or you decline to renew or cancel this Policy then you will have the right to have issued an endorsement providing an optional extended reporting period for the duration stated in the Declarations page which will be effective from the cancellation or non-renewal date.This optional extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy:a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you and reported to us during this optional extended reporting period, provided that the claim arises out of any act, error or omission committed prior to the date of cancellation or non-renewal; andb. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during this optional extended reporting period, provided that the cyber event or loss first occurred during the period of the policy.If you would like to purchase the optional extended reporting period you must notify us and pay us the optional extended reporting period premium stated in the Declarations page within 30 days of cancellation or non-renewal. 41 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1 The right to the optional extended reporting period will not be available to you where cancellation or non-renewal by us is due to non-payment of the premium or your failure to pay any amounts in excess of the applicable limit of liability or within the amount of the applicable deductible as is required by this Policy in the payment of claims.At the renewal of this Policy, our quotation of different premium, deductible, limits of liability or changes in policy language will not constitute non-renewal by us.15.Fraudulent claimsIf it is determined by final adjudication, arbitral tribunal or written admission by you, that you notified us of any claim knowing it to be false or fraudulent in any way, we will have no responsibility to pay that claim, we may recover from you any sums paid in respect of that claim and we reserve the right to terminate this Policy from the date of the fraudulent act. If we exercise this right, we will not be liable to return any premium to you. However, this will not affect any non-fraudulent claim under this Policy which has been previously notified to us.16.Maintenance of employee automobile liability insuranceIt is a condition precedent to indemnity under INSURING CLAUSE 4 (SECTIONS G and H only) that all employees who operate an automobile in the course of your business activities will maintain in full force and effect for the period of the policy primary automobile liability insurance in an amount equal to, or greater than, the minimum primary automobile liability limits required in the state of registration of the automobile. If you make a claim under INSURING CLAUSE 4 (SECTIONS G and H only) and the employee has failed to meet these requirements then this Policy will only respond to provide excess coverage as though the requirements had been met, whereby you agree to pay all sums within and up to the required minimum limit.17.Mergers and acquisitionsIf you acquire an entity during the period of the policy whose annual revenue does not exceed 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary.If you acquire an entity during the period of the policy whose annual revenue exceeds 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary for 45 days.We will consider providing cover for the acquired entity after the period of 45 days if:a.you give us full details of the entity within 45 days of its acquisition; andb.you accept any amendment to the terms and conditions of this Policy and agree to pay any additional premium required by us. 42 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1 In the event you do not comply with a. and b. above, cover will automatically terminate for the entity 45 days after the date of its acquisition.Cover for any acquired entity is only provided under this Policy for any act, error or omission committed or alleged to have been committed on or after the date of its acquisition.No cover will be automatically provided under this Policy for any acquired entity:a. whose business activities are materially different from your business activities;b. that has been the subject of any lawsuit, disciplinary action or regulatory investigation in the 3 year period prior to its acquisition; orc. that has experienced a cyber event in the 3 years period prior to its acquisition, if you have purchased INSURING CLAUSES 2 or 3 and the cyber event cost more than the highest deductible of INSURING CLAUSES 2 or 3.No cover will be provided under this Policy for premises or contents owned by any acquired entity prior to the date of acquisition.If during the period of the policy you consolidate, merge with or are acquired by another entity then cover under this Policy will continue to apply but only in respect of any act, error or omission committed or alleged to have been committed prior to the effective date of the consolidation, merger or acquisition.18.Our rights of recoveryIf we make any payment under this Policy and you have any right of recovery against a third party in respect of this payment, then we will maintain this right of recovery. You will do whatever is reasonably necessary to secure this right and will not do anything after the event which gave rise to the claim to prejudice this right.We will not exercise any rights of recovery against any employee, unless this is in respect of any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal or written admission by the employee.Any recoveries will be applied as follows:a. towards any recovery expenses incurred by us;b. then to us up to the amount of our payment under this Policy, including costs and expenses;c. then to you as recovery of your deductible.19.Prior subsidiariesShould an entity cease to be a subsidiary after the inception date, cover in respect of the entity will continue as if it was still a subsidiary during the period of the policy, but only in respect of an act, error, omission or event occurring prior to the date that it ceased to be a subsidiary. 43 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment,Employment&Staffingv3.1

20.ProcessforpayingprivacybreachnotificationcostsAny privacybreach notification transmitted by you or on your behalf must be done with ourprior written consent. We will ensure that notification is compliant with any legal or regulatory requirements and contractual obligations. No offer must be made for financial incentives, gifts, coupons, credits or services unless with our prior written consent which will only be provided if the offer is commensurate with the risk of harm.We will not be liable for any portion of the costs you incur under INSURINGCLAUSE2(SECTIONC only) that exceed the costs that you would have incurred had you gained ourprior written consent. In the absence of our prior written consent we will only be liable to pay you the equivalent cost of a notification made using the most cost effective means permissible under the governing law.21.SanctionssuspensionIt is a condition under this Policy that the provision of cover, the payment of any claim and the provision of any benefit will be suspended, to the extent that the provision of the cover, payment of the claim or provision of the benefit would expose us to any sanction, prohibition or restriction under the United Nations resolutions or the trade or economic sanctions, laws or regulations of Australia, Canada, the European Union, United Kingdom or United States of America. The suspension will continue until such time we would no longer be exposed to the sanction, prohibition or restriction.22.WaiverofsubrogationNotwithstanding CONDITION18, we agree to waive our rights of recovery against any thirdparty if, prior to the claim or incident which you reasonably expected to give rise to a claim, you entered into a contract that contains a provision requiring you to do this.23.Choiceoflaw,jurisdictionandserviceofsuitIn the event of a dispute between you and us regarding this Policy, the dispute will be governed by the laws of the State of the United States of America shown as the choice of law stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a court of competent jurisdiction within the United States of America.Nothing in this Condition constitutes or should be understood to constitute a waiver of ourrights to commence an action in any court of competent jurisdiction in the United States of America, to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or the laws of any State of the United States of America.It is further agreed that service of process in such suit may be made upon the representative stated in the Declarations page and that in any suit instituted against us, we will abide by the final decision of such court or of any appellate court in the event of an appeal. The Waiverofsubrogation
44 CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2024 CFC Underwriting Ltd, All Rights ReservedRecruitment, Employment & Staffing v3.1 representative stated in the Declarations page is authorized and directed to accept service of process on our behalf in any such suit and, at your request, to give a written undertaking to you that they will enter a general appearance on our behalf in the event such suit is instituted.Additionally, in accordance with the statute of any state, territory or district of the United States which makes such a provision, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by you arising out of this Policy. The representative stated in the Declarations page is hereby designated as the person to whom the above mentioned officer is authorized to mail such process or a copy thereof.

CONSENT CALENDAR 8.H.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE NEOGOV ONLINE SERVICES AGREEMENT WITH GOVERNMENTJOBS.COM, INC. DBA (NEOGOV) SETTING TOTAL COMPENSATION GOING FORWARD TO A NEW NOT-TO- EXCEED AMOUNT OF $250,000 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT ON BEHALF OF THE CITY

RECOMMENDATION
Adopt a Resolution approving a First Amendment to the NeoGov Online Services Agreement authorizing the City to spend $250,000 going forward for software subscriptions to benefit the Human Resources Department.

REASONS FOR RECOMMENDATION
The City of Vallejo has been using NeoGov for onboarding and recruitment services since 2019. Approval of the First Amendment will allow payment of the renewal fees through fiscal year 2025-2026 and continued service.

BACKGROUND AND DISCUSSION
NeoGov is a premier software used by public agencies throughout the United States. The City of Vallejo has been using NeoGov since 2019. City management desires to increase efficiencies in various human resource processes to better serve our employees and applicants applying for a job with the City. The City initially implemented the following subscriptions in NeoGov:

1. Onboard (Governmentjobs.com)

2. Biddle Software (online testing)

3. Insight (recruitment, selection, applicant tracking, reporting and analysis, and HR automation)

4. Perform (employee performance management) – this module has not been implemented

The current subscription price for the above software is $65,744.21. Pursuant to the agreement, the subscription price is subject to annual increases upon notice to the City by NeoGov.

In December 2022, the City purchased additional subscriptions using the NeoGov Order Form. A subsequent Order Form dated June 13, 2023, amended and restated the December 2022 Order Form, with initial terms of July 1, 2023 – June 30, 2026, for the following subscriptions:

1. Learn

2. eForms

3. Single Sign-on

4. Employee Import

5. New Hire Export

6. Candidate Text Messaging

7. Position Import

8. Course Management Import

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE NEOGOV ONLINE SERVICES AGREEMENT WITH GOVERNMENTJOBS.COM, INC. DBA (NEOGOV) SETTING TOTAL COMPENSATION GOING FORWARD TO A NEW NOT- TO-EXCEED AMOUNT OF $250,000 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT ON BEHALF OF THE CITY

The Agreement has no end date as long as the City continues using the services. After the June 2023 Order Form was executed, staff did not consider that the total amount of the initial agreement, with previous annual increases allowed in the Agreement and the current 5% annual increase ($65,744.21), plus the Order Form for additional subscriptions ($46,665.60), would exceed the $100,000 City Manager approval threshold for the fiscal year.

In addition, the Human Resources Department desires to continue using the NeoGov subscriptions for the 2025/2026 fiscal year. It is estimated that the subscription cost will be approximately $125,000 for that fiscal year. Thus, the HR Department is seeking approval of $250,000 for these software subscriptions going forward allowing continued use of the services through fiscal year 2025-2026.

FISCAL IMPACT
There is no fiscal impact associated with this action, as funding for additional costs would be paid for out of the budgeted computer software account for Human Resources. No additional funding is being requested for this item tonight.

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

ATTACHMENTS

1. Resolution (1st Amendment) - CC meeting 10.22.2024 CAO Stamp

2. 19HR169 NeoGov - 1st Amendment (SOW Compensation) CAO Stamp

3. NeoGov Online Services Agreement and Order Form

CONTACT
Stephanie Sifuentes, Human Resources Director, (707) 648-4363 [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 A FIRST AMENDMENT TO THE NEOGOV ONLINE

SERVICES AGREEMENT AND ASSOCIATED NEOGOV ORDER
FORMS SETTING COMPENSATION AT $250,000 FROM THE DATE OF

THE FIRST AMENDMENT AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, NeoGov is a premier software used by public agency human resources departments throughout the United States; and
WHEREAS, the City of Vallejo has been using NeoGov for its onboarding and recruitment services since 2019; and
WHEREAS, it is the desire for City management to increase efficiencies in various human resources processes to better serve our employees and applicants applying for a job with the City; and
WHEREAS, the original agreement executed in 2019 was for the purchase and implementation of the following subscriptions: Onboard, Biddle Software, Insight, and Perform, with an increase of 5% yearly, and no end date as long as we continue using the services; and WHEREAS, additional subscriptions were purchased by way of an Order Form under the current Agreement in June 2023, with initial terms of July 1, 2023 – June 30, 2026, for the following subscriptions: Learn, eForms, Single Sign-on, Employee Import, New Hire Export, Candidate Text Messaging, Position Import, and Course Management Import; and WHEREAS, the total amount of the current Agreement, with the 5% annual increase ($65,744.21), and the additional subscriptions purchased in 2023 ($46,665.60), exceeds the $100,000 threshold in a fiscal year; and
WHEREAS, Human Resources also desires to continue using the services in the 2025/2026 fiscal year wherein the estimated cost will be $125,000.00; and WHEREAS, approval of the First Amendment to the NeoGov Online Services in a going forward not-to-exceed amount of $250,000 will allow the Human Resources department to continue using the software services through the end of fiscal year 2025-2026..

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve a First Amendment to the NeoGov Online Services Agreement in the amount of $250,000 and authorizes the City Manager to execute the First Amendment on behalf of the City.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and Governmentjobs.com dba NeoGov Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

NEOGOV ONLINE SERVICES AGREEMENT BETWEEN

CITY OF VALLEJO
AND
GOVERNMENTJOBS.COM DBA NEOGOV
This First Amendment to the NeoGov Online Services Agreement made and entered into on March 8, 2019, hereafter referred to as Agreement, between Governmentjobs.com dba NeoGov (the “Consultant”), and the City of Vallejo, a municipal corporation, (the “City”) including all associated NeoGov Order Forms, is made and entered into on this day of 2024.

Consultant and City do mutually agree as follows:

1. Not to Exceed Amount. The maximum amount authorized to be spent under the terms of the Agreement after the date of this First Amendment is hereby set at $250,000.

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

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

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

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

6. Facsimile Signatures. This First Amendment shall be binding upon the receipt of facsimile signatures; provided, however, that any person transmitting his or her signature by facsimile shall promptly send an original signature to the other party at the addresses noted below:

City: Stephanie Sifuentes
First Amendment to Agreement Between City of Vallejo and Governmentjobs.com dba NeoGov Page 2 of 3 (Revised 01.2019)
Human Resources Director
City of Vallejo, Human Resources Department
555 Santa Clara Street,
Vallejo, CA 94590
Telephone: (707) 648-4363
Email: [email protected]
Consultant: As set forth in the Agreement

7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
First Amendment to Agreement Between City of Vallejo and Governmentjobs.com dba NeoGov Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
[GovernmentJobs.com (dba NeoGov) a
California Corporation,
BY:
[INSERT NAME]
[INSERT TITLE]
DATE:
*BY:
[INSERT NAME]
[INSERT TITLE]
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

ANDREW MURRAY
City Manager
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

STEPHANIE SIFUENTES
Human Resources Director
APPROVED AS TO FORM:

VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager

CONSENT CALENDAR 8.I.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: ISSUE A PROCLAMATION IN RECOGNITION OF VETERANS DAY - NOVEMBER 11, 2024

RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation recognizing Veterans Day - November 11, 2024

REASONS FOR RECOMMENDATION
US Census data as of July 1, 2023, indicates that the City of Vallejo is home to 6641 veterans. In conjunction with the national holiday, the City of Vallejo has long recognized and honored its veterans with an annual proclamation on Veteran’s Day.

BACKGROUND AND DISCUSSION
According to the US Department of Veteran’s Affairs, Veteran’s Day, November 11 is a national holiday, and is observed on that day regardless of the day of the week it falls on. This is to preserve the historical significance of the original Armistice Day November 11, 1918, when during World War I the cessation of the hostilities between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month.

The Uniform Holiday Bill (Public Law 90-363 (82 Stat. 250)) was signed on June 28, 1968, and was intended to ensure three-day weekends for Federal employees by celebrating four national holidays on Mondays:

Washington’s Birthday, Memorial Day, Veterans Day, and Columbus Day. Ideally these extended weekends would encourage travel, leisure activities and stimulate commerce. On October 25, 1971, the first Veterans Day under the new law was observed under much confusion. It became clear that Veterans Day had historic and patriotic significance to the populace and therefore on September 20th, 1975, President Gerald R. Ford signed Public Law 94-97 (89 Stat. 479), which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people.

Commemorating November 11 focuses the attention on the celebration to honor America’s and Vallejo’s veterans for their willingness to serve and sacrifice for the common good.

In prior years the Veteran’s Day proclamations have been read at the local Veteran’s Day commemorations at the Mare Island Cemetery and at the Veteran’s memorial behind City Hall.

The granting of this proclamation is in accordance with City of Vallejo policy.

FISCAL IMPACT
None.

ENVIRONMENTAL REVIEW

Date: October 22, 2024
Subject: ISSUE A PROCLAMATION IN RECOGNITION OF VETERANS DAY - NOVEMBER 11, 2024

ATTACHMENTS

1. 10222024Proclamation Veterans Day 2024

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

CONSENT CALENDAR 8.J.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: ISSUE A PROCLAMATION RECOGNIZING THE 120TH ANNIVERSARY OF THE VALLEJO COUNCIL 874 KNIGHTS OF COLUMBUS

RECOMMENDATION
Authorize the Vallejo City Council to approve a proclamation recognizing the 120th Anniversary of the Vallejo Council 874 Knights of Columbus

REASONS FOR RECOMMENDATION
This proclamation recognizes a significant milestone in the history of a local charitable organization, Vallejo Council 874 Knights of Columbus.

BACKGROUND AND DISCUSSION
The Knights of Columbus was founded in 1882 on the principles of charity, unity and fraternity. Their aim is to bring financial aid and assistance to the sick, disabled and needy. The local Council 874 through acts of volunteerism, and charity have contributed to the Vallejo community. The text of the proclamation lists several of their contributions to the community.

The granting of this proclamation is in accordance with City of Vallejo policy

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. 10222024 Proclamation 120th Anniversary Knights of Columbus

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

CONSENT CALENDAR 8.K.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Dan Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP OF WATERSTONE UNIT 2B

FOR THE BORDONI RANCH PROJECT AFTER FINDING THE ACTION EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268(b)(3)

RECOMMENDATION
Adopt a resolution approving the Final Map of Waterstone Unit 2B after finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) AND CEQA Guidelines Section 15268(b)(3).

REASONS FOR RECOMMENDATION
Approval of said Final Map will allow the Developer to proceed with building 76 single family homes and complete the Waterstone subdivision.

BACKGROUND AND DISCUSSION
Background
On November 7, 2005, the Planning Commission approved the Vesting Tentative Map (TM02-0003) for Waterstone/Bordoni Ranch, a 434-unit single family residential subdivision, entitled: "TENTATIVE MAP FOR THE BORDONI RANCH, VALLEJO, SOLANO, CALIFORNIA." Bordoni Ranch is the title of the original project and Waterstone is the title of the subdivision.

The developer of the project, Braddock and Logan, L.P., completed the first five phases of the six-phase Waterstone Subdivision: Phase 1A, Phase 1B-I, Phase 1B-II, Phase 1C, and Phase 2A. The successor developer, Tri Pointe Homes Holdings, Inc. (Developer), plans to complete the final phase, Phase 2B, which will provide 76 single family homes. When Phase 2B is complete, all six phases of the project will be complete and will have provided a total of 434 single-family residential homes. The Final Map for Phase 2B is submitted now for City Council's consideration.

Subdivision Improvement Agreement
The Developer has complied with City of Vallejo Municipal Code Section 15.12.080 - Improvement agreements, for all previous Phases of the Project. This section provides that prior to City Council approval of the Final Map, the Developer shall execute a subdivision improvement agreement (SIA) that ensures the completion of the subdivision improvements necessary to serve the subdivision. Additionally, the SIA reiterates the obligations and conditions of approval for Waterstone will remain in effect. The Developer has paid all required fees and submitted subdivision improvement bonds for the as yet unaccepted improvements provided for in the SIA, as related to the filing of the Final Map. The Developer has requested to further defer the condition of approval which requires the Subdivider to prepare 95% design of the ultimate improvements for Colombus Parkway. Given that the entirety of the Waterstone Development is nearing completion, staff has worked with the Subdivider to secure the design requirements with a separate bond. The separate bond

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING THE FINAL MAP OF WATERSTONE UNIT 2B

FOR THE BORDONI RANCH PROJECT AFTER FINDING THE ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268(b)(3)

requirement is included in the SIA.

Approval of the Final Map
The City Engineer and City Surveyor have determined the Final Map for Phase 2B complies with VMC

15.12.120 - Approval process for final maps:
• The Final Map has been determined to be in substantial compliance with the approved Vesting Tentative Map;
• All required certificates and statements on the Final Map have been signed or will be signed and, where necessary, acknowledged; and
• The Final Map conforms to all requirements of the Subdivision Map Act.

With all the above conditions being met, staff recommends adoption of a resolution approving the Final Map of Waterstone Unit 2B (attached Exhibit B).

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item. Costs of all work associated with the development is funded through fees collected for that purpose.

ENVIRONMENTAL REVIEW
A Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA) for the Bordoni Ranch project (Project) was certified by the City Council on July 26, 2005. Approval of the final subdivision map for the Project is an exempt ministerial action pursuant to Public Resources Code Section 21080(b)(1) (exempting ministerial actions from CEQA) and CEQA Guidelines Section 15268(b)(3) (approval of final subdivision maps shall be presumed to be ministerial). The Developer has complied with all applicable requirements and the final map is in substantial conformance with the approved tentative map.

ATTACHMENTS

1. Reso Approve Final Map of Waterstone Unit 2B_CAO Stamp

2. WATERSONE FINAL MAP UNIT 2B

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

RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FINAL MAP OF WATERSTONE UNIT 2B FOR THE BORDONI RANCH PROJECT AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268(b)(3)
WHEREAS, the City Council certified the Final Environmental Impact Report for the Bordoni Ranch project on July 26, 2005; and
WHEREAS, the Vesting Tentative map of that certain subdivision entitled “TENTATIVE MAP FOR THE BORDONI RANCH, VALLEJO, SOLANO, CALIFORNIA,” filed by Braddock and Logan L.P., a California Limited Partnership was previously approved by the City of Vallejo Planning Commission on November 7, 2005 (“Tentative Map”); and
WHEREAS, Bordoni Ranch is the title of the original project and Waterstone is the title of the Subdivision; and WHEREAS, Braddock and Logan, L.P. completed the first four phases of the six-phase Waterstone subdivision: Phase 1A, Phase 1B-I, Phase 1B-II and Phase 1C, and WHEREAS, the successor developer, Tri Pointe Homes Holdings, Inc. (Developer), is currently completing Phase 2A and plans to complete the final phase: Phase 2B, and WHEREAS, the Final Map of Waterstone Unit 2B is submitted now for City Council’s consideration; and WHEREAS, the Developer has complied with Vallejo Municipal Code Section 15.12.080 - Improvement agreements, for the previous Phases of the Project. That section provides that prior to City Council approval of the Final Map, the Developer shall execute a subdivision improvement agreement (SIA) that ensures the completion of the subdivision improvements necessary to serve the subdivision and reiterates the obligations and conditions of approval for Waterstone will remain in effect, and WHEREAS, the Developer has paid fees and submitted subdivision improvement bonds or will complete same prior to the recordation of the Phase 2B Final Map, as required in the Phase 2B SIA, as related to the filing of the Final Map; and
WHEREAS, California Government Code Section 66474.1 provides that a legislative body shall not deny approval of a final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the Final Map is in substantial compliance with the previously approved tentative map; and WHEREAS, the Final Map, entitled “FINAL MAP OF WATERSTONE UNIT 2B,” has been filed by Tri Pointe Homes Holdings Inc., for approval by the City Council, and staff has confirmed that the conditions of approval applicable to the subdivision at the time the Vesting Tentative Map was approved have been satisfied or have been made subject to the Phase 2B SIA; and

WHEREAS, the City Engineer and the City Surveyor have reviewed the Final Map and have determined it conforms to all the requirements of the Subdivision Map Act, the provisions of Title 15 of the Vallejo Municipal Code applicable at the time the Tentative Map was approved, and that it is in substantial compliance with the previously approved Vesting Tentative Map; and
WHEREAS, CEQA does not apply to the approval of a final map that is in substantial compliance with the previously approved tentative map pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15628(b)(3) because such action is ministerial.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby finds that approval of the FINAL MAP OF WATERSTONE UNIT 2B is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268(b)(3).

BE IT FURTHER RESOLVED that the offers of dedication to the City of Vallejo as designated in said Final Map be the same are hereby accepted, subject to City Standard improvements, guarantees, and the requirements of this resolution and of the City Engineer.

BE IT FURTHER RESOLVED by the Council of the City of Vallejo that, that said Final Map for Unit 2B is hereby approved upon the execution of the Subdivision Improvement Agreement for Unit 2B, in a form approved by the City Engineer, City Attorney, and City Manager and upon full execution of the Final Map and once satisfied, placed in the custody of the City Clerk and the Clerk is directed to record or cause to be recorded the same in the office of the County Recorder of Solano County, California, provided that the signatories of said Final Map are the recorded owners of said property shown on said map at the time of recordation.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CONSENT CALENDAR 8.L.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning & Development Services Director Hector Rojas, Planning Manager - Long Range Planning
SUBJECT: ADOPT A RESOLUTION CERTIFYING THE CITY'S AGREEMENT TO COMPLY WITH

STATE HOUSING LAWS RELATING TO THE SURPLUS LAND ACT, ADUS AND

JADUS, AND DENSITY BONUS LAW AND AFFIRMING THAT THE CITY IS IN

COMPLIANCE WITH SAID HOUSING LAWS IN ACCORDANCE WITH METROPOLITAN TRANSPORTATION COMMISSION REQUIREMENTS FOR ONE BAY AREA GRANT 3 FUNDING ELIGIBILITY.

RECOMMENDATION
Adopt a resolution certifying the City’s agreement to comply with state housing laws relating to the Surplus Land Act, ADUs and JADUs, and Density Bonus Law and affirming that the City is in compliance with said housing laws in accordance with Metropolitan Transportation Commission requirements for One Bay Area Grant 3 funding.

REASONS FOR RECOMMENDATION
To maintain eligibility for funding under the OBAG 3 program, the City of Vallejo must adopt a resolution certifying its compliance with the Surplus Land Act, Accessory Dwelling Unit (ADU) Law, and Density Bonus Law by December 31, 2024. These state laws aim to increase housing supply by prioritizing affordable housing on surplus land, streamlining ADU approvals, and providing incentives to developers who include affordable units in their projects.

BACKGROUND AND DISCUSSION
The OBAG 3 program (Program), administered by the Metropolitan Transportation Commission (MTC), is a regional funding initiative supporting transportation and land use planning that is aligned with the Bay Area’s sustainable development and climate action goals. The Program funds projects that reduce greenhouse gas emissions, improve mobility, and promote housing near transit hubs.

The Program allocates over $750 million in federal funding, split between a Regional Program ($375 million) and a County & Local Program ($383 million). In 2023, the Program awarded the City of Vallejo $2.2 million to update its Downtown and Waterfront Specific Plans and $850,000 for Phase II of the Sacramento Street Road Diet Project, which will reduce the number of travel lanes on Sacramento Street, between Tennessee Street and Frisbee Street, from four lanes to two. The funds are to be distributed over a four-year period, from FY 2022-23 to FY 2025-26.

To maintain eligibility for funding under the Program, the City must adopt a resolution by December 31, 2024, certifying that it is in compliance with the Surplus Land Act, ADU Law, and Density Bonus Law. These state laws aim to increase housing supply by prioritizing affordable housing on surplus land, streamlining ADU approvals, and providing incentives to developers who include affordable units in their projects. The City complies with these laws by enforcing its Zoning Code, following state law, and making surplus land available to potential low-income housing developers.

Date: October 22, 2024
Subject: ADOPT A RESOLUTION CERTIFYING THE CITY'S AGREEMENT TO COMPLY WITH

STATE HOUSING LAWS RELATING TO THE SURPLUS LAND ACT, ADUS AND

JADUS, AND DENSITY BONUS LAW AND AFFIRMING THAT THE CITY IS IN

COMPLIANCE WITH SAID HOUSING LAWS IN ACCORDANCE WITH

METROPOLITAN TRANSPORTATION COMMISSION REQUIREMENTS FOR ONE BAY AREA GRANT 3 FUNDING ELIGIBILITY.

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

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15262 -"Feasibility and Planning Studies" and 15301(c) -"Existing Facilities."

ATTACHMENTS

1. Resolution Certifying Compliance with State Housing Laws_CAO Stamp

CONTACT
Kristin Pollot, AICP, Planning & Development Services Director, (707) 648-4326 [email protected]

RESOLUTION NO. 24-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO CERTIFYING ITS

AGREEMENT TO COMPLY WITH STATE HOUSING LAWS RELATING TO THE

SURPLUS LAND ACT, ADUS AND JADUS, AND DENSITY BONUS LAW AND AFFIRMING

THAT IT IS IN COMPLIANCE WITH SAID HOUSING LAWS IN ACCORDANCE WITH

METROPOLITAN TRANSPORTATION COMMISSION REQUIREMENTS FOR ONE BAY AREA GRANT 3 FUNDING
WHEREAS, the San Francisco region has the highest housing costs in the United States; and WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014, and has similarly underproduced low-income units during the 2015- 2023 time period; and
WHEREAS, the Bay Area is within a new planning cycle (“Housing Element, 6th Cycle”) to produce additional housing in the region from 2023 until 2031; and WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and
WHEREAS, the Metropolitan Transportation Commission (MTC) adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.

NOW, THEREFORE BE IT RESOLVED by the City Council that the City hereby agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as it exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development.

BE IT FURTHER RESOLVED by the City Council that the City hereby agrees to comply with state laws related to ADUs and JADUs, as they exist now or may be amended in the future, including, but

not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12.

BE IT FURTHER RESOLVED by the City Council that the City agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq.), as it exists now or may be amended in the future.

BE IT FURTHER RESOLVED that the City Council hereby warrants and represents that the City is in compliance with the aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending to the best of its knowledge, alleging violations of the state housing laws by the City of Vallejo.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.M.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH ALL-STAR TALENT, AUTHORIZE THE CITY MANAGER

TO EXECUTE SAME AND PROVIDE NOTICE OF INTENT TO AMEND FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE EXPENDITURE OF $219,400 (STEP 1 of 2)

RECOMMENDATION
Adopt a Resolution approving the Consultant and Professional Services Agreement with All-Star Talent, authorizing the City Manager to execute same and provide notice of intent to amend the City's Fiscal Year 2024-2025 Adopted Budget to appropriate $219,400

REASONS FOR RECOMMENDATION
As part of the Recruitment, Retention, and Referral Plan, staff recommends approval of the Consultant and Professional Services Agreement with All-Star Talent and notice of intent to amend Fiscal Year 2024-2025 budget. This is the first step of the required two-step budget amendment process to amend the FY 2024-2025 Adopted Budget. If the City Council approves tonight's recommendation, the final action will be scheduled for City Council's consideration on November 12, 2024.

BACKGROUND AND DISCUSSION
On July 25, 2023, the City Council adopted a proclamation declaring a state of local emergency related to public safety staffing. In conjunction, and at the direction of City Council, the previous City Manager had assigned two million dollars at the end of FY 2022-23 to help address recruitment and retention. The Human Resources Department was tasked with (1) conducting a study of surrounding agencies and their recruitment and retention incentives for Police Officers, (2) creating a recruitment and retention plan for City of Vallejo Police Officers, and (3) finding a way to amplify recruitment efforts and identify other means for resolving the staffing crisis in the short-term.

In addition to the Recruitment, Retention, and Referral Plan, the Human Resources Department and Vallejo Police Department collaborated on a Request for Proposal (RFP) process to find a talent marketing and recruitment firm to increase methodologies, exposure, and success of recruitment efforts.

An RFP was issued in September 2023 and six firms responded. Three of the six firms demonstrated they could perform the scope of services required in the RFP and were moved to final review by the committee. Final scoring was completed in February 2024. Based on the ratings from the selection committee, All-Star Talent was the highest rated proposal.

This is the first step of the required two-step budget amendment process to amend the FY 2024-25 Adopted Budget. City Council will consider tonight's notice of intent to amend the budget. If the City Council approves tonight's recommendation, the final action will be scheduled for the City Council's consideration on November 12, 2024. This amended budget would go into effect on November 13, 2024.

FISCAL IMPACT

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH ALL-STAR TALENT, AUTHORIZE THE CITY

MANAGER TO EXECUTE SAME AND PROVIDE NOTICE OF INTENT TO AMEND FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE EXPENDITURE OF $219,400 (STEP 1 of 2)

This notice of intent does not have any fiscal impact. If the City Council approves tonight's recommendation, the fiscal impact of the final action which is increasing the General Fund expenditure budget by $219,400 using assigned fund balance, will be included in the staff report for the agenda item that is scheduled for City Council consideration on November 12, 2024.

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

ATTACHMENTS

1. Resolution (All-Star Talent) CAO Stamp

2. Consultant and Professional Services Agreement (All-Star Talent) CAO Stamp

CONTACT
Stephanie Sifuentes, Human Resources Director, (707) 648-4363 [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 A CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENT WITH ALL-STAR TALENT IN THE AMOUNT OF $219,400

AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME
WHEREAS, on July 25, 2023, the City Council adopted a proclamation declaring a state of local emergency related to public safety staffing; and
WHEREAS, at the direction of the City Council, the previous City Manager had assigned $2,000,000 at the end of FY 2022-23 to help address recruitment and retention; and WHEREAS, the Human Resources department was tasked with (1) conducting a study of surrounding agencies and their recruitment and retention incentives for Police Officers, (2) creating a recruitment and retention plan for City of Vallejo Police Officers, and (3) finding a way to amplify recruitment efforts and identify other means for resolving the staffing crisis in the short- term; and
WHEREAS, in addition to the Recruitment, Retention, and Referral Plan, the Human Resources Department and Vallejo Police Department collaborated on a Request for Proposal (RFP) process to find a talent marketing and recruitment firm to increase methodologies, exposure, and success of recruitment efforts; and
WHEREAS, an RFP was issued in September 2023 and six firms responded. Of the six firms, three demonstrated they could perform the scope of services required in the RFP and were moved to final review by the committee. Final scoring was completed in February 2024, and based on the ratings from the selection committee, All-Star Talent was the highest rated proposal.

NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve a Consultant and Professional Services Agreement between the City of Vallejo and All-Star Talent in the amount of $219,400 and authorizes the City Manager to execute the same.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 11 Approved as to form:

By: for
Veronica Nebb, City Attorney

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this day of , 20 , by and between the City of Vallejo, a municipal corporation (“City”), and All-Star Talent, a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 11

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

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

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

8. Independent Contractor. Consultant is an independent contractor.

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

9. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 11 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

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

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 11

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

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

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

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

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

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

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

16. Term. The term of this Agreement shall commence on November 13, 2024, and shall continue in full force and effect until December 31, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 11 exceed two 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, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 11

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

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

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

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

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

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

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

Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 11 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

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

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

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

If to City: Stephanie Sifuentes
Human Resources Director
City of Vallejo, Human Resources Department
555 Santa Clara Street
Vallejo, CA 94590
Email: [email protected]
If to Consultant: Scott Cooper
Director of Business Development
All-Star Talent
2368 Culpepper Lane
Lincoln, CA 95648
Email: [email protected]
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 Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 11 executed by each of the parties hereto.

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

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

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

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 11 any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

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

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

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

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

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

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

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

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

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments Consultant and Professional Services Agreement (Revised 01.2019) Page 10 of 11 [SIGNATURES ARE ON THE FOLLOWING PAGE]
Consultant and Professional Services Agreement (Revised 01.2019) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

ALL-STAR TALENT,
a California corporation
By:

Scott Cooper
Director of Business Development
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew Murray
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

By:

Stephanie Sifuentes
Human Resources Director
APPROVED AS TO FORM:

By:

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

By:

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

EXHIBIT A

SCOPE OF WORK

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

Stephanie Sifuentes
Human Resources Director
City of Vallejo, Human Resources Department
555 Santa Clara Street
Vallejo, CA 94590
Telephone: (707) 648-4363
Facsimile: (707) 648-5292
Email: [email protected]
The Consultant’s Representative for this Agreement is:

Scott Cooper
Director of Business Development
All-Star Talent
2368 Culpepper Lane
Lincoln, CA 95648
Telephone: (916) 412-9530
Email: [email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

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

3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by December 31, 2025.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 5 Exhibit A – Scope of Work
composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows:
•Jason Litchney, Practice Leader
•Pam Hong, Operations Manager
•Sam Koloms, Project Manager
•Sarah Jane Salmon, Marketing Project Manager
•Guiliano Lopez, Project Manager
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 5 Exhibit A – Scope of Work
EXHIBIT A – ATTACHMENT 1

SCOPE OF WORK

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 5 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed two hundred nineteen thousand four hundred dollars and no cents ($219,400.00).

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

B. Additional Services:

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 5 Exhibit B - Compensation

4. Payments to Consultant.

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

5. Social Security Number or Taxpayer Identification Number

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

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

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

D. Request for payment shall be sent to:

Vanessa Garcia
Human Resources Program Manager, Administration
City of Vallejo, Human Resources Department
555 Santa Clara Street
Vallejo, CA 94590
Email: [email protected]

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 5 Exhibit B - Compensation

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 5 Exhibit B - Compensation
EXHIBIT B – ATTACHMENT 1

PRICING

Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 4 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.

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

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

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

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit C – Insurance Requirements
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

D. Professional Liability (Errors and Omission): Insurance appropriates to the Consultant’s profession with $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self- insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles, leased hired or borrowed by the Consultant. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.

B. 30 Days’ Notice of Cancellation Endorsements: 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.

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 4 Exhibit C – Insurance Requirements
Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.

D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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

G. 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.

H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements. 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. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 4 Exhibit C – Insurance Requirements
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

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

8. Payment Withhold. City will withhold payments to Consultant if above required insurance or endorsements are canceled, or Consultant otherwise ceases to be insured as required herein.

CONSENT CALENDAR 8.N.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION ACCEPTING REIMBURSEMENTS TOTALING $500,000 FROM THE COUNTY OF SOLANO’S ARPA GRANT REVENUE FOR FEASIBILITY STUDIES IN

THE CITY WATER SYSTEM AND THE LAKES WATER SYSTEM AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 CAPITAL FUNDS

BUDGET FOR THE CITY WATER SYSTEM AND THE LAKES WATER SYSTEM

RECOMMENDATION

1. Adopt a resolution accepting American Rescue Plan Act (ARPA) grant reimbursements per the Interagency Contract Between the City of Vallejo and County of Solano for Water System Feasibility Studies.

2. As the first in a two-step process, provide notice of intent to amend the Fiscal Year 24-25 budget to recognize reimbursements in the amount of $250,000 for the City Water System and $250,000 for the Lakes System.

REASONS FOR RECOMMENDATION
The Solano County Board of Supervisors approved an Appropriation Transfer Request to fund feasibility studies as part of two City of Vallejo Water Projects. Solano County will provide up to $250,000 per project of their ARPA funds, which is a 50% cost share for each project. • WT7127, Cache Main & Pump Station Rehab: conduct a study to evaluate the feasibility of restarting operation of the City’s Cache Slough pumping plant to provide water supply reliability. • WT7128, Lakes Water System Auxiliary Pump Supply: conduct a study to evaluate the feasibility of consolidating the Lakes Water System into the larger City of Vallejo water system to improve water supply reliability.

BACKGROUND AND DISCUSSION
The City’s Cache Slough pumping plant is located in the Sacramento-San Joaquin Delta, and was built in 1952 to convey water from the Delta to the City’s service area, which includes the cities of Vallejo, Benicia, Fairfield, and American Canyon, as well as Travis Air Force Base, through water exchange contracts. The Cache Slough pumping plant has been inoperable since the 1980s due to water quality issues from upstream wastewater effluent which has since been improved through tertiary treatment processes. Currently, the City conveys its share of water through the North Bay Aquaduct (NBA) as “City Permit Water”. Due to its seniority, the City’s Permit Water is considered the most valuable of the NBA water supply portfolio. However, the NBA is routinely taken offline and experiences curtailments which restricts the reliability of the supply. City staff propose to reinstate the Cache Slough pumping plant to provide additional reliable water supplies to potentially augment and address supplies at risk due to increasing curtailments of the NBA. The feasibility

Date: October 22, 2024
Subject: ADOPT A RESOLUTION ACCEPTING REIMBURSEMENTS TOTALING $500,000 FROM THE COUNTY OF SOLANO’S ARPA GRANT REVENUE FOR FEASIBILITY STUDIES

IN THE CITY WATER SYSTEM AND THE LAKES WATER SYSTEM AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025

CAPITAL FUNDS BUDGET FOR THE CITY WATER SYSTEM AND THE LAKES

WATER SYSTEM

would include evaluating water quality treatment options, construction costs, operations and maintenance, and conceptual design alternatives. Solano County will contribute up to $250,000 of its ARPA funding, which is a 50% cost share of the $500,000 total to conduct a feasibility study to assess reinstatement of the Cache Slough pumping plant.

The City has two primary water systems, including the City’s system, serving the Vallejo area, and the Lakes Water System, serving the unincorporated western portion of Solano County. The Lakes Water System’s water supply is provided by two lakes, Madigan and Frey, and supplemented with Solano Project water from Lake Berryessa. Due to climatic changes and reduced supply reliability of Lakes Madigan and Frey, City staff propose to conduct a feasibility study to connect the City’s two water systems to provide additional water to the Lakes Water System. Solano County will contribute up to $250,000 of its ARPA funding, which is a 50% cost share of the $500,000 total, to conduct a feasibility study to assess connecting the City’s water systems.

The two studies will be performed by GEI Consultants and West Yost Associates under existing contracts with each vendor for on-call engineering services. These two contracts are the result of an RFP process conducted by the City Water Department in March 2022. The contracts were approved by the City Council on March 22, 2022.

FISCAL IMPACT
There is no impact to the General Fund. Both feasibility studies are funded from existing projects, Cache Main & Pump Station Rehab (Project No. WT7127) and Lakes Water System Auxiliary Pump Supply (Project No.

WT7128), and have already been appropriated from the Water Enterprise Fund. The grant funding provided by Solano County will offset the cost to the City.

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. 241008-Reso_Water-Solano ARPA_CAO Stamp (2)

2. Executed City of Vallejo ARPA Agreement

CONTACT
Beth Schoenberger, Water Director
[email protected]

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ACCEPTING REIMBURSEMENTS TOTALING $500,000 FROM THE COUNTY OF SOLANO’S ARPA

GRANT REVENUE FOR FEASIBILITY STUDIES FOR THE CITY WATER SYSTEM AND THE

LAKES WATER SYSTEM AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 CAPITAL FUNDS BUDGET FOR THE CITY WATER SYSTEM AND THE

LAKES WATER SYSTEM
WHEREAS, the City of Vallejo and the County of Solano are both public agencies; and WHEREAS, the County approved contributing grant funding from the Solano County Board of Supervisors approved American Rescue Plan Act (“ARPA”) Subject Matter Workgroup Presentation on Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) to share costs with the City to conduct feasibility studies for the Cache Slough Pumping Plant reoperations and the Lakes Water System auxiliary supplies facilities; and WHEREAS, the County adopted this ARPA project on April 26, 2022, per Board Agenda item #16, File 22-360 and ATR File 22-430 May 10, 2022; and
WHEREAS, pursuant to the authority granted to the City Manager with adoption by the City Council of the 2022-2023 Budget Resolution, on June 12, 2023, the City and County entered into an Interagency Contract Between the City of Vallejo and County of Solano for Water System Feasibility Studies memorializing the Counties promise to grant ARPA funds to the City to share in funding the two water studies; and
WHEREAS, the City is prepared to contribute the balance of the funding, estimated to be approximately $250,000 for each project; and
WHEREAS, this resolution serves as notice to amend the Capital Funds Budget for Fiscal Year 2024-2025.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the acceptance of $500,000 in grant funds from Solano County for the Cache Slough Pumping Plant reoperations feasibility study and for the Lakes Water System auxiliary supplies facilities feasibility study; and, BE IT FURTHER RESOLVED that pursuant to City Charter section 703, the City Council hereby provides notice of its intent to amend the Fiscal Year 2024-2025 Capital Funds Budget by recognizing reimbursements from the County in the amounts of $250,000 for the Cache Slough Pumping Plant reoperations feasibility study and $250,000 for the Lakes Water System auxiliary supplies facilities feasibility study. The actual amendment will be taken up by the City Council at a subsequent meeting.
[SIGNATURES ON NEXT PAGE]
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
County of Solano
Contract Review
Worksheet
Contract Number:
(Dept., Division, FY, #)
Authority:

Dept Head Execute
CAO Execute
BOS Approval Required
NOTE: Please review all instructions on the back of this worksheet before you begin processing.

1. Department/Division: 2. Date:

3. Contract Administrator: 4. Phone Ext:

5. Contract Attributes: Original Bid/RFP Required? YES NO Expenditure Revenue
Sole Source Contract? Bid/RFP No:

Intergovernmental
Personal/Professional Svcs
Purchase of Goods
Lease
Construction
Other

YES NO
Date
Please attach copy of Bid/RFP or
justification.

Amendment/Change Order
Amendment/Change Order Number
Contract No:

Date:

Please attach copies of original/amendments

6. Description of Contract: 7. Name of Contractor:

8. EIN SSN

9. Is Contractor a California Public Pension Plan Retiree? YES NO If yes: Name of Public Pension Plan: Date of Retirement:

10. Does Contractor have a personal relationship in a direct line of supervision in your Department? YES NO If yes, please describe relationship:

Does Contractor have a personal relationship with someone in another Department? YES NO If yes, please provide Department and describe relationship:

11. Has County contracted with Contractor previously during this fiscal year? YES NO Please list County department if other than the department listed on number 1 above.

12. Effective Date: Original Contract:

This amendment: 13. Termination Date:

By this amendment:

14. Contract Budget: 15. Payment Terms: 16. Source of Funds:

Original Contract Amount: $ Prepaid
Arrears
Monthly
Quarterly
Progress
Other
Fed/State Grant
Fed/State Funding
County Total of Previous
Amendments: $
Current Amendment: $ Fixed
Actual
Estimate
Specify:________________
_ Fed Catalog No:

Total Amount of Contract $ State Legislation:

17. Fund: Budget
Unit: Sub-object: 18. Current Appropriation Sufficient? YES NO

19. Proposed Board of Supervisors Agenda Date, if required. Please attach agenda summary and ATR request.

20. Remarks
County Counsel Reviewer
HR Analyst (for Contract Emp loyees) or
Risk Management (for insurance changes)

21. Signature Route:

Department Contract Administrator
CAO Analyst
Rev 02/10/2021
Email
Email
Email
Email
Email
Email

Department Head or Designee

AB SB
Email
Contractor Signatory Name
Authorizing Signature (CAO/DH)
(Informational only)
Sarah Pappakostas (Apr 20, 2023 10:10 PDT)
■
Resource Management/Delta
4/18/23
Sarah Pappakostas
6061
■
■
■
■
City of Valejo
■
■
■
■
4/1/23
12/31/24
500,000
■
■
■
ARPA
500,000
■
001
2965
2250
■
5/10/22
ARPA project adopted April 26, 2022 per Board Agenda item #16, File 22-360 and ATR File 22-430 May 10, 2022. [email protected]
Sarah Pappakostas
multiple
[email protected]
[email protected]
Nancy Nelson
James Bezek
[email protected]
[email protected]
Bill Emlen
Carrie Blacklock
■
Nancy Nelson (Jun 12, 2023 14:12 PDT)
Nancy Nelson
William Emlen (Jun 12, 2023 15:34 PDT)

The City's standard contract routing is as follows:

1. Water Utilities Director: Beth Schoenberger [email protected]

2. Risk Manager: Armond Sarkis [email protected]

3. Finance Director: Rekha Nayar [email protected]

4. City Attorney: Veronica Nebb [email protected]

5. City Manager: Michael Malone [email protected]

6. City Clerk: Dawn G. Abrahamson [email protected]

BAS
BAS
AS
AS
RN
RN

INTERAGENCY CONTRACT BETWEEN THE CITY OF VALLEJO AND COUNTY OF

SOLANO FOR WATER SYSTEM FEASIBILITY STUDIES

THIS CONTRACT is made as of the date of the last signature affixed hereto by and between the CITY OF VALLEJO (“City”), a municipal corporation, and the COUNTY OF SOLANO (“County”), a political subdivision of the State of California (singularly referred to as “party,” collectively referred to as the “parties”).

WITNESSETH:

WHEREAS, the City and the County are both public agencies; and,

WHEREAS, the County desires to contract with the City for the City to provide services to conduct feasibility studies for the Cache Slough Pumping Plant reoperations and the Lakes Water System auxiliary supply facilities, both owned by the City; and,

WHEREAS, the County desires to contribute grant funding from the Solano County Board of Supervisors approved American Rescue Plan Act ("ARPA") Subject Matter Workgroup Presentation on Coronavirus State and Local Fiscal Recovery Funds ("SLFRF"); and,

WHEREAS, the County adopted this ARPA project April 26, 2022, per Board Agenda item #16, File 22-360 and ATR File 22-430 May 10, 2022; and,

WHEREAS, the City has presented proposals for such services to the County, to perform project management, administrative, engineering, feasibility analysis, and contract management activities throughout the projects by completing tasks identified in "the City of Vallejo’ Scopes of Work," dated May 9, 2022, (attached hereto and incorporated herein as Exhibit A for the Cache Slough Pumping Plant reoperations and Exhibit B for the Lakes Water System auxiliary supply facility) and is duly licensed, qualified and experienced to perform those services; and,

WHEREAS, the City is prepared to contribute the balance of the funding, estimated to be approximately $250,000 for each project; and,

WHEREAS, the County agrees to work as a partner with the City to ensure the successful delivery of the project, provide project funding and provide coordination; and,

WHEREAS, the City is prepared to follow applicable ARPA funding guidelines and requirements, including reporting requirements, in accordance with Exhibit C attached to and incorporated into this Agreement.

NOW, THEREFORE, the parties hereto mutually agree as follows:

A. SCOPE OF SERVICES:

1. The City shall do all work, attend all meetings, produce all reports and carry out all activities necessary for completion of the services described in the Scopes of Work set forth in Exhibit A and Exhibit B. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in

all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Exhibit C shall govern over conflicting provisions contained in the other exhibits to the Contract.

2. The City will follow applicable ARPA funding guidelines and requirements, including reporting requirements, in accordance with Exhibit C.

3. The City agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

B. TIME OF PERFORMANCE:

1. The services of the City are to commence upon execution of this Contract by the County and shall be undertaken and completed on or before December 31, 2024.

2. In the event of a scheduling conflict between the County and the employee(s) of the City, as identified in Section M.1, the City and the County shall work cooperatively to reach a resolution.

3. The parties may, by written instrument, agree to extend the duration of this Contract provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section C, Compensation.

C. COMPENSATION:

1. The County shall pay the City for the actual fees, costs and expenses including all time and materials required and expended necessary to perform the work described in the Contract Documents, but in no event shall total compensation exceed two hundred fifty- thousand dollars ($250,000) for each project, without County’s prior written approval.

2. Upon receipt and the County approval of an invoice from the City, the County shall pay the City monthly in arrears for fees and expenses incurred in the previous month. Each invoice must specify services rendered, date of service and the accrued charges and reference the project number (Table 1) and the City’s and any subrecipients’ Universal Entity Identifier (“UEI”) numbers.

Table 1
Project Expenditure
Category
Project Number JL Key Budget Unit
Cache Slough Pumping
Plant Reoperations
Feasibility Study

5.13 31-513-01RSMCFS 513-01 2965
Lakes Water System
Auxiliary Supply Feasibility
Study

5.15 32-515-01RSMLFS 515-01 2965

System for Award Management (SAM) and Universal Entity Identifier requirements, pursuant to 2 CFR Part 25Agency/Contractor Unique Entity Identifier number(s) (2 CFR Part 25) as outlined in Exhibit C.

Agency UEI Number:
 Recipient – Resource Management – JU8MMY94ZEF5
 Recipient Parent – County of Solano – CMQ2M6DTQDZ4

Subrecipient UEI Number: KJKSES96KUN9

3. If the work is halted at the request of either party, the County will reimburse the City for all expenditures made in good faith that are unpaid at the time of termination not to exceed the maximum amount payable under this Contract.

D. TERMINATION:

This Contract may be terminated by either party upon thirty (30) days’ written notice to the other party. Upon such termination, the County shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section F below.

E. CHANGES:

The parties may, from time to time, request changes in the scope of the services of the City to be performed hereunder. Such changes, including any increase or decrease in the amount of the City’s compensation and/or changes in the schedule must be mutually accepted and authorized, in writing, by both parties.

F. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the City under this Contract shall become the property of the City, and the County shall have no property right thereto, whatsoever.

G. COMPLIANCE WITH LOCAL LAW:

The City shall comply with all applicable laws, ordinances, and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract; provided, however, the City shall have the right to do work on the County property to effectuate the objectives of this Contract.

H. WARRANTY:

1. The City agrees and represents that it is qualified to properly provide the services set forth in this Contract in a manner which is consistent with the generally accepted standards of profession for the work undertaken by the City and consistent with federal, state, and local laws.

2. The City shall provide corrective services without charge to the County for services which fail to meet the above professional and legal standards, and which are reported to the City in writing within 60 days of discovery. Should the City fail or refuse to promptly perform its

obligations, the County may render or undertake performance thereof and the City shall be liable for any expenses thereby incurred.

I. INTEREST IN CONTRACT:

The City covenants that it does not have any interest, nor shall it acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. The City shall make all disclosures required by and in accordance with State law and the County’s conflict of interest code.

J. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by the City pursuant to performance of this Contract are confidential to the extent permissible by law and the City agrees that they shall not be made available to any individual or organization without the prior written approval of the County, except as otherwise required by law.

K. RECIPROCAL INDEMNITY AND LITIGATION COSTS:

1. City shall indemnify, defend, and hold harmless the County, its officers, officials, agents, and employees from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees arising out of or in connection with City’s negligent performance of work hereunder or its failure to comply with any of its obligations contained in the Contract Documents, except such loss or damage which was caused by the active negligence (for design work) of the County and the sole negligence or willful misconduct of the County.

2. The County shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees arising out of or in connection with the County’s negligent performance of work hereunder or its failure to comply with any of its obligations contained in the Contract Documents, except such loss or damage which was caused by the active negligence (for the design work) of the City, or the sole negligence or willful misconduct of the City.

L. INSURANCE:

1. The City shall not commence any work before obtaining and shall maintain in force at all times during the duration and performance of this Contract the policies of insurance specified in this Section or their comparable equivalent for municipal corporations participating in a risk management insurance authority. Such insurance must have the approval of the County as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

2. Prior to execution of this Contract and prior to commencement of any work, the City shall furnish the County with original endorsements effecting coverage for all policies required by this Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the County. As an alternative to the County’s forms, the City’s insurer may, subject to the approval of the County,

provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by this Section. The City agrees to furnish one copy of each required policy to the County, and additional copies as requested in writing, certified by an authorized representative of the insurer. Approval of the insurance by the County shall not relieve or decrease any liability of the City.

3. In addition to any other remedy the County may have, if the City fails to maintain the insurance coverage as required in this Section, the County may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the County may deduct the cost of such insurance from any amounts due or which may become due the City under this Contract.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, terminated by either party, reduced in coverage or in limits except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the County.

5. Any deductibles must be declared to, and approved by, County.

6. The requirement as to types, limits, and the County’s approval of insurance coverage to be maintained by the City are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by the City under this Contract.

7. The City and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance or work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the County. The maintenance by the City and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the City or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the County as a material breach of this Contract.

8. Worker’s Compensation and Employer’s Liability Insurance. a. Worker’s Compensation - Insurance to protect the City, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and federal statutes and regulations. The City shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. b. Claims Against County - If an injury occurs to any employee of the City for which the employee or his/her dependents, in the event of his death, may be entitled to compensation from the County under the provisions of said Acts, for which compensation is claimed from the County, there will be retained out of the sums due the City under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the County is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the City.

9. Comprehensive General and Automobile Liability Insurance.

a. The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than [$1,000,000.00] per occurrence.
b. The comprehensive general and automobile liability insurance coverage shall also include, or be endorsed to include the following:
i. Provision or endorsement naming the County and each of its officers, employees, and agents, as additional insureds in regards to: liability arising out of the performance of any work under this Contract; liability arising out of activities performed by or on behalf of the City; premises owned, occupied or used by the City; or automobiles owned, leased, hired or borrowed by the City. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officers, officials, employees or volunteers. ii. Provision or endorsement stating that for any claims related to the projects, the City’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers to the extent the County is an additional insured. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be in excess of the City’s insurance and shall not contribute with it. iii. Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the County, its officers, officials, employees, or volunteers. iv. Provision or endorsement stating that the City’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.
v. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the City under this Contract, including, without limitation, that set forth in Section K [Indemnity].

M. MISCELLANEOUS PROVISIONS:

1. The City shall designate an employee to perform the work and who at all times shall represent the City before the County on all matters relating to this Contract. The employee shall continue in such capacity unless and until he or she is removed at the request of the County, is no longer employed by City, or replaced with the written approval of the County, which approval shall not be unreasonably withheld.

2. The City shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

3. The City shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based

upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.

4. The City shall maintain and make available for inspection by the County and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract.

5. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract.

6. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

County: Terry Schmidtbauer, Director of Resource Management 675 Texas St. # 5500
Fairfield, CA 94533

City: Mike Malone, City Manager
555 Santa Clara Street
Vallejo, CA 94590

7. The parties have executed and delivered this Contract in the County of Solano, State of California. The laws of the State of California shall govern the validity, enforceability or interpretation of this Contract. Solano County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Contract. This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument, it being understood that all parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission (e.g., by e-mail delivery of a ".pdf" format data file), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or electronic signature page were an original signature.

8. Executed the day and year of the last signature, below, by the parties as follows.

COUNTY:

COUNTY OF Solano, a political subdivision of the State of California

By: ______________________ ________________
County Administrator Date
William Emlen (Jun 12, 2023 15:34 PDT)
Jun 12, 2023

APPROVED AS TO FORM:

By: _______________________ ________________
County Counsel Date

CITY:

CITY OF VALLEJO, a Municipal Corporation

By: _______________________ ________________
City Manager Date

ATTEST:

By: _______________________ ________________
City Clerk Date

APPROVED AS TO FORM:

By: _______________________ ________________
City Attorney Date
Veronica A. F. Nebb (May 22, 2023 10:33 PDT)
Veronica A. F. Nebb
May 22, 2023
Michael Malone (May 22, 2023 12:36 PDT)
Michael Malone
May 22, 2023
Dawn G. Abrahamson (May 22, 2023 13:56 PDT)
Dawn G. Abrahamson
May 22, 2023
May 31, 2023

County of Solano Exhibit C Standard Contract Special Terms and Conditions

City of Vallejo #513-01 & #515-01

EXHIBIT C

SPECIAL TERMS AND CONDITIONS

1. SUB-RECIPIENT COMPLIANCE

A. All or part of this contract will be paid with Federal awards. Contractor is designated as a Sub- recipient and the federal funds received under this contract are designated as a subaward of the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) . Funds, payments, expenses, and procurements under this contract must be used in accordance with Federal statutes, regulations and the terms and conditions of t he Federal award, including but not limited to, the US Treasury Final Rule (31 CFR Part 35), CSLFRF Compliance Reporting Guidance, and CSLFRF Frequently Asked Questions and all amendments or successor laws, regulations, or guidance thereto.

B. Contractor shall also comply with all other applicable federal statutes, regulations, and executive orders, and shall provide for such compliance by other parties in any contracts it enters into with other parties relating to or involving funding under this contract.

C. Contractor shall be responsible for any disallo wances, questioned costs, or other items, including interest, not allowed under ARPA CSLFRF funding. Contractor shall return to County any funds disallowed within (90) ninety days of notification from County to return such funds.

D. As a pass -through entit y, the County is required to provide certain information regarding Federal award(s) to Contractor as a Sub- recipient. County will provide required information regarding the Federal Award upon receipt of fundi ng documents from the funding source.

2. R

EPORTING

Contractor agrees to comply with and support all applicable ARPA CSLFRF reporting requirements and all reporting requirements otherwise stated in the contract, including, but not limited to, providing reports to the County as requested. Contractor shall maintain compliance with all other federal reporting requirements, including those pertaining to subaward and executive compensation information (2 CFR Part 170), and shall maintain processes and systems for proper and timely reporting as required under 2 CFR Part 170 Appendix A (unless exempt).

Contractor shall be responsible for ARPA CSLFRF related reporting by project, including but not limited to:
• Quarterly reporting on performance as related to activiti es and outcomes identified in Exhibit A;
• Identifying primary, secondary, and tertiary impacted and/or disproportionally impacted populations served;
• Identifying the s tructure and objectives of assistance programs, including negative economic impacts experienced;
County of Solano Exhibit C Standard Contract Special Terms and Conditions

City of Vallejo #513-01 & #515-01
• Identifying how Contractor’s approach to ensur ing response is reasonable and proportional to negative economic impacts of the COVID-19 pandemic; • Identifying the amount of the project spending that is allocated toward evidence- based interventions;
• Identifying if a program evaluation is being conducted; • Identifying efforts to promote equitable outcomes, including how programs were designed with equity in mind; and
• Other reporting based on project category.

3. U

NIFORM ADMINISTRATIVE, COST PRINCIPLES, AND AUDIT REQUIREMENTS

A. Contractor shall comply with all applicable provisions of the federal Uniform Guidance, 2 CFR Part 200, including applicable Administrative Requirements, Cost Principles, and Audit requirements. Without limitation, all use of funds and procurement of all services (including consultants), supplies, property, or equipment, shall be performed in conformance with 2 CFR 200.318- 327 as well as in conformance with all other administrative, costs, and audit requirements under federal laws and regulations. These requirements generally require open and competitive process, with limited exceptions. Contractor shall maintain records sufficient to detail the history of procurement and provide such records upon request. These records shall include, but are not necessarily limited to: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

B. Contractors who receive federal funding which taken together total over $750,000 in a single fiscal year are required to have a single agency audit in accordance with 2 CFR Part 200, Subpart F. A copy of this audit must be forwarded to the County by the auditor as soon as it is complete.

4. S

YSTEM FOR AWARD MANAGEMENT

Contractor shall maintain compliance with the System for Award Management (SAM) and Universal Entity Identifier requirements, pursuant to 2 CFR Part 25, including obtaining a unique entity identifier and completing SAM registration prior to receiving the Federal award unless exempt under 2 CFR 25.110. No entity, including subcontractors, may receive any federal funds through this contract unless the entity has provided its Unique Entity Identifier to County. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

5. P

UBLIC ACKNOWLEDGEMENT OF FUNDS

Contractor shall appropriately acknow ledge funding from the County of Solano ARPA CSLFRF.

Appropriate acknowledgement is defined as follows:

A. Includes the County of Solano logo;
B. Includes the statement, “Made possible by funding from the County of Solano”; County of Solano Exhibit C Standard Contract Special Terms and Conditions

City of Vallejo #513-01 & #515-01
C. The statement and logo must be i ncluded in all public materials that mention the funded programs or services, including (but not limited to) Web sites, e-mails, news rel eases, media advisories, brochures, newsletters, flyers, advertisements, public service announcements, posters, and any other public communication items.

6. START-UP PERIOD

Without limiting any remedy available under section 4 or section 9 of Exhibit C to this Contract, or as otherwise provided by law, in the event that Contractor does not implement the services contemplated by this Contract within 6 months of the effective date of this Contract, County reserves the right, in the sole and absolute discretion of County, to terminate the Contract with 15 days written notice of such termination to Contractor.

Signature:

Email:

Signature:

Email:

Signature:

Email:
[email protected]
[email protected]
Rekha Nayar (May 3, 2023 10:31 PDT)
Rekha Nayar
[email protected]
ACTION ITEM 8.O.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE GRANTING OF AN EASEMENT DEED TO

PACIFIC GAS AND ELECTRIC COMPANY (PG&E) ON CITY PROPERTY FOR THE

INSTALLATION OF UNDERGROUND ELECTRICAL EQUIPMENT THROUGH A PORTION OF APNS 0147-050-050 AND 0147-040-060) AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving the granting of an easement to Pacific Gas and Electric Company (PG&E) for the installation of underground electrical transmission lines on City property at the Green Valley Water Treatment Plant (APNs 0147-050-050 and 0147-040-060); after finding the action exempt from the California Environmental Quality Act (CEQA) and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
PG&E is working to mitigate wildfires through their Underground (UG) System Hardening project, which includes removing overhead power lines and placing them underground. For PG&E to gain access to perform this work, a utility easement on City property at the Green Valley Water Treatment Plant is required.

BACKGROUND AND DISCUSSION
The City has several pump stations and water treatment plants that have been subjected to Public Safety Power Shutoff (PSPS) events. The system most susceptible to PSPS events is the Lakes Water System and the Green Valley Water Treatment Plant (GVWTP). To reduce the impacts on customers, the Water Department has made strides to reduce the impacts of PSPS events by implementing a more resilient backup power supply system by purchasing backup generators and completing a project known as the Quick Connects Project. The Quick Connects Project is essentially a plug-and-play project where a generator can be taken out to a site and “plugged in” using efficient connection processes known as “quick connects”.

PG&E has also been working for several years to reduce wildfire risks caused by overhead distribution lines by strengthening the electric system with stronger poles and covered powerlines. Some powerlines are also buried, which is referred to as undergrounding. These efforts are known as system hardening. This work benefits communities by helping reduce the risk of wildfires, enhancing long-term safety, significantly improving reliability during winter weather, and reducing the instances of Public Safety Power Shutoff (PSPS) event impacts.

Over the past several months, PG&E and the Water Department have partnered to work on a system hardening project at the GVWTP. The project consists of approximately half a mile of powerlines serving the GVWTP. This is the final segment of a larger 12-mile stretch of projects scheduled to be completed this year, which will serve more than 600 customers in the area with improved, safe, and reliable electric service.

In order for PG&E to construct, access, and maintain the lines into the future, a permanent easement on City property is required. Details of the easement can be found on the easement deed attached to the Resolution as Exhibit A. As part of the agreement, PG&E will survey the location of the facilities to more precisely define

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING THE GRANTING OF AN EASEMENT DEED TO

PACIFIC GAS AND ELECTRIC COMPANY (PG&E) ON CITY PROPERTY FOR THE

INSTALLATION OF UNDERGROUND ELECTRICAL EQUIPMENT THROUGH A PORTION OF APNS 0147-050-050 AND 0147-040-060) AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

the easement area and produce a separate document called a Notice of Final Description that will refer back to the drafted easement.

FISCAL IMPACT
If approved, PG&E has offered to pay $5,000 for this easement, which will go to the Water Enterprise Fund.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under CEQA pursuant to CEQA Guidelines Sections:
15301(b) - action leading to undergrounding of an existing electrical facility; 15302(c) action leading to replacement of existing electrical facility underground; and 15303(d) as a utility extension to support project (PM: 35473992) for installation of a generator for public safety.

ATTACHMENTS

1. Resolution PGE Easement Green Valley-Lakes_CAO Stamp

2. Electric Easement APNs 0147-050-050 and 0147-040-060_stamped

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 APPOVING THE

GRANTING A UTILITY EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY (PG&E) OVER CITY-OWNED PROPERTY AT APN 0147-050-050 and 0147-040-060 FOR THE

INSTALLATION AND MAINTENANCE OF UNDERGROUND ELECTRICAL EQUIPMENT,

MAKING CEQA FINDINGS AND AUTHORIZIG THE CITY MANAGER TO EXECUTE SAID

EASEMENT
WHEREAS, PG&E has requested that the City of Vallejo grant a utility easement for the purpose of installing underground electrical distribution facilities on a portion of City-owned property at APN 0147-050-050 and 0147-040-060; and
WHEREAS, the action to grant a utility easement is categorically exempt from CEQA as the utility easement would be for the replacement or reconstruction of existing facilities; and WHEREAS, the agreement stipulates PG&E will survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip of land; and WHEREAS, the Water Enterprise Fund will receive $5,000 from PG&E for the easement.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby finds that this action is exempt from environmental review under CEQA pursuant to CEQA Guidelines Sections: 15301(b) - action leading to undergrounding of an existing electrical facility; 15302(c) action leading to replacement of existing electrical facility underground; and 15303(d) as a utility extension to support project (PM: 35473992) for installation of a generator for public safety.

BE IT FURTHER RESOLVED that the City Council of the City of Vallejo hereby approves the Easement Deed in the form attached as EXHIBIT A, with any modification as approved by the City Attorney and finds that the granting of an easement to allow PG&E to install underground electrical distribution equipment on APNs 0147-050-050 and 0147-040-060 is in the best interests of the City.

BE IT FURTHER RESOLVED that the City Manager is directed and authorized to execute said Easement Deed and the City Clerk is directed and authorized to record or cause to be recorded said Easement Deed in the Office of the Solano County Recorder.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Approved as to form:

By: for
Veronica Nebb, City Attorney
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2405-03-10081 EASEMENT DEED
CITY OF VALLEJO, a Municipal Corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right of way therefor, on, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the unincorporated area of the County of Solano, State of California, described as follows:
(APN 0147-050-050 and 0147-040-060)
A portion of the parcel of land described in the deed from Mary C. Hastings to The City of Vallejo dated March 13, 1893 and recorded in Book 111 of Deeds at page 332, Solano County Records; excepting therefrom the portion thereof lying outside the boundary lines of said County of Solano; also excepting therefrom the parcel of land described in the deed from The City of Vallejo to John W.

Gebers dated October 22, 1986 and recorded as Instrument No. 69309 in Book 1986 of Official Records at page 142164, Solano County Records.

The facilities and easement area are described as follows:

Such underground conduits, pipes, manholes, services boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the transmission and distribution of electric energy and for communication purposes located within the strip of land outlined by heavy dashed lines shown upon EXHIBIT "A" attached hereto and made a part hereof.

Distribution Easement (Rev.11/2023)
Subject to the approval of Grantor which shall not be unreasonably withheld, Grantee shall, at its expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip of land.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the temporary right to use such portion of said lands located within ten feet (10’) contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

Distribution Easement (Rev.11/2023)
By
Andrew Murray, City Manager
CITY OF VALLEJO, a Municipal
Corporation,
Attest:

By
Dawn Abrahamson, City Clerk
Approved as to Content:

By
Beth Schoenberger, Water Director
Approved as to Form:

By
Veronica Nebb, City Attorney
Approved as to Insurance:

By
Armond Sarkis, Risk Manager
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

Distribution Easement (Rev.11/2023)
Attach to LD: 2405-03-10081
Area, Region or Location: 6
Land Service Office: Sacramento
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 24.05.03.22.11 and 24.05.03.23.44
PG&E Drawing Number: 35473992
Plat No.: MM41, S07, S0714
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Electric Underground Easements (4), Communication Easements (6) Order or PM: 35473992
County: Solano
Prepared By: NV5
Checked By: R4W0
Approved By: AGE1
Distribution Easement (Rev.11/2023)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Distribution Easement (Rev.11/2023)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CONSENT CALENDAR 8.P.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO MASTER LEGAL

COUNSEL SERVICES AGREEMENT WITH RENNE PUBLIC LAW GROUP AND

AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution approving the First Amendment to Master Legal Counsel Services Agreement with Renne Public Law Group and authorize the City Attorney to execute the agreement on behalf of the City.

REASONS FOR RECOMMENDATION
The original contract amount has been exceeded requiring City Council approval for additional services.

BACKGROUND AND DISCUSSION
The City of Vallejo uses a number of outside law firms to provide specialized legal services to othe City Attorney's office. Renne Public Law Group, LLP ("Renne") is one such firm which provides specialized legal services related to negotiation, legal advice and legal analysis concerning the City's labor bargaining units. Renne recently completed the collective bargaining process with both IBEW and CAMP. We expect Renne to continue to provide specialized legal services involving both collective bargaining and meet and confer issues with our bargaining units. The First Amendment to Master Legal Counsel Services Agreement will allow Renne to continue providing services to the City through December 31, 2026.

FISCAL IMPACT
Funds for these services were previously budgeted by the City City Council. As such, there will be no effect on the current City Budget by approving this First Amendment to Master Legal Counsel Services Agreement.

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. REnne Reso_CAO Stamp

2. First Amendment to Master Legal Counsel Services Agreement. 2024.10.04 CAO Stamp

CONTACT
Randy J. Risner, Assistant City Attorney
[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 A FIRST

AMENDMENT TO THE MASTER LEGAL COUNSEL SERVICES AGREEMENT WITH

RENNE PUBLIC LAW GROUP, LLP AND AUTHORIZING

THE CITY ATTORNEY TO EXECUTE THE SAME
WHEREAS, The City of Vallejo (the “City”) and Renne Public Law Group, LLP (“Outside Legal Counsel”), entered into a Master Legal Counsel Services Agreement on January 1, 2024; and WHEREAS, Outside Legal Counsel provides specialized legal services to the City related to negotiation, legal advice and legal analysis concerning the City’s bargaining units; and WHEREAS, the services provided by Outside Legal Counsel have exceeded $100,000 requiring approval by the City Council for continued services; and WHEREAS, the First Amendment to the Master Legal Counsel Services Agreement increases Outside Legal Counsel’s maximum compensation to $200,000 and extends the term of the Agreement until December 31, 2026.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the First Amendment to the Master Legal Counsel Services Agreement and authorizes the City Attorney to execute the same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 1 of 4 Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

THE MASTER LEGAL COUNSEL

SERVICES AGREEMENT BETWEEN

THE CITY OF VALLEJO
AND

RENNE PUBLIC LAW GROUP
This First Amendment (the “First Amendment”) to the Master Legal Counsel Services Agreement made and entered into on January 1, 2024 (the “Agreement”), between the Renne Public Law Group, LLP, a California limited liability partnership, (therein and herein, the “Outside Legal Counsel”), and the City of Vallejo, a municipal corporation, (therein and herein, the “City”), is made and entered into on this day of October 2024.

Outside Legal Counsel and City do mutually agree as follows:

1. Amendment to Section 9. Section 9 of the Agreement shall be modified to read:
“This Agreement shall remain in effect until terminated by either party or December 31, 2026, whichever occurs first. Either party to this Agreement may terminate this Agreement with 30-days written notice to the non- terminating party. Upon receipt of any notice of termination, pursuant to this section, Outside Legal Counsel shall immediately cease all services hereunder except such as may be specifically approved by the City Attorney or required by law, including the Rules of Professional Conduct.”

2. Replacement of Exhibit A. Exhibit A of the Agreement, entitled Scope of Work, shall be modified to read as set forth in Exhibit A attached hereto.

3. Amendment of Exhibit B. Paragraph 1 of Exhibit B of the Agreement, entitled Not to Exceed Amount, shall be modified to read as follows:
“1. Not to Exceed Amount. City agrees to pay Outside Legal Counsel for those services set forth in Exhibit A of this Agreement pursuant to the terms of this Agreement. Outside Legal Counsel acknowledges that the maximum expenditure allowed under this Agreement is $200,000. Outside Legal Counsel shall promptly notify the person named in paragraph 8(e) in writing when payments under this Agreement reach $185,000 so that authorization from City Council for future billing may be obtained. Outside Legal Counsel shall include on each invoice to City the total amount billed to City to date under this contract maximum for all pending Legal Assignments.”

4. Integration. This First Amendment contains the entire agreement between the First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 2 of 4 parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Outside Legal Counsel shall perform all duties, obligations and conditions required under the Agreement.

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

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

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

8. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that they are fully authorized to sign this First Amendment on behalf of Outside Legal Counsel.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 3 of 4 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first appearing above.

RENNE PUBLIC LAW GROUP, LLP,
a California limited liability partnership
BY:

ARTHUR HARTINGER
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

VERONICA A.F. NEBB
City Attorney
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 4 of 4 Exhibit A
Scope of Work

1. Services to be Provided.

A. Outside Legal Counsel will perform:

Labor Negotiations: Negotiation with City bargaining units including legal advice and analysis about the same to the City Council, City Manager, Human Resources Director and City Attorney.

Adherence to Budget. In accordance with the City of Vallejo “Compensation” requirements set forth in Exhibit B, Outside Legal Counsel will propose and develop a Legal Project Management Plan. Any significant changes to the Plan, to include any increase in the budget, must be approved by the City Attorney prior to implementation of such changes.

CONSENT CALENDAR 8.Q.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT OF THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH RENNE PUBLIC LAW GROUP,

LLP AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution approving the First Amendment to the Consultant and Professional Services Agreement with Renne Public Law Group LLP and authorize the City Attorney to execute the agreement on behalf of the City.

REASONS FOR RECOMMENDATION
The original contract amount has been exceeded requiring City Council approval for additional services.

BACKGROUND AND DISCUSSION
The City of Vallejo uses a number of outside law firms to provide specialized advice and other services to the City Attorney's office on a variety of matters including labor and employment law and investigations. Renne Public Law Group, LLP (Renne") is one such firm which provides those services. Approval of the First Amendment to the Consultant and Professional Services Agreement will allow Renne to continue providing these services to the City through December 31, 2026.

FISCAL IMPACT
Funds for these services were previously budgeted by the City Council. As such, there will be no effect on the current City Budget by approving the First Amendment to the Consultant and Professional Services Agreement.

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

ATTACHMENTS

1. Resolution Approving First Amendment to RLG Contract CAO Stamp

2. First Amendment to RPLG Agreement. 2024.10.04 CAO Stamp

CONTACT
Randy J. Risner, Chief Assistant City Attorney
[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 A FIRST

AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

RENNE PUBLIC LAW GROUP, LLP AND AUTHORIZING

THE CITY ATTORNEY TO EXECUTE THE SAME
WHEREAS, The City of Vallejo (the “City”) and Renne Public Law Group, LLP (“Consultant”), entered into a Consultant and Professional Services Agreement on July 27, 2023; and WHEREAS, Consultant provides specialized services to the City related to investigation and fact finding on employment complaints and citizen complaints; and WHEREAS, the services provided by Consultant have exceeded $100,000 requiring approval by the City Council for continued services; and
WHEREAS, the First Amendment to the Consultant and Professional Services Agreement increases Consultant’s maximum compensation to $200,000 and extends the term of the Agreement until December 31, 2026.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the First Amendment to the Consultant and Professional Services Agreement with Renne Public Law Group, LLP and authorizes the City Attorney to execute the same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 22, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 1 of 4 Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

THE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT BETWEEN

THE CITY OF VALLEJO
AND

RENNE PUBLIC LAW GROUP
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement made and entered into on July 27, 2023 (the “Agreement”), between the Renne Public Law Group, LLP, a California limited liability partnership, (therein and herein, the “Consultant”), and the City of Vallejo, a municipal corporation, (therein and herein, the “City”), is made and entered into on this day of October 2024.

Consultant and City do mutually agree as follows:

1. Amendment to Section 16. Section 16 of the Agreement shall be modified to read:
“16. Term. The term of this Agreement shall commence on June 27, 2023 and shall continue in full force and effect until either December 3, 2026, or until terminated by either party whichever ever occurs first.

The City shall, at its discretion, have the right to extend the Term of this Agreement by one year up to two times upon written notice to Consultant.

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

2. Amendment of Exhibit B. Paragraph 1.A. of Exhibit B of the Agreement, entitled Consultant’s Compensation, shall be modified to read as follows:
“A. Services: The City of Vallejo, through the City Attorney’s Office, (“City”) agrees to pay Consultant, at the rate(s) specified below, for those assigned services as set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed two hundred thousand dollars ($200,000.00) per fiscal year for conducting independent and confidential fact-finding reviews and investigations, and providing confidential investigative reports that will be used for employment-related First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 2 of 4 purposes.

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within 30 days of receiving invoice upon satisfactory completion of the services and delivery of the work product.”

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

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

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

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

7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that they are fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 3 of 4 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first appearing above.

RENNE PUBLIC LAW GROUP, LLP,
a California limited liability partnership
BY:

LINDA ROSS
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

VERONICA A.F. NEBB
City Attorney
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
First Amendment to Master Outside Counsel Legal Services Agreement with Renne Public Law Group Page 4 of 4 Exhibit A
Scope of Work

1. Services to be Provided.

A. Outside Legal Counsel will perform:

Labor Negotiations: Negotiation with City bargaining units including legal advice and analysis about the same to the City Council, City Manager, Human Resources Director and City Attorney.

Adherence to Budget. In accordance with the City of Vallejo “Compensation” requirements set forth in Exhibit B, Outside Legal Counsel will propose and develop a Legal Project Management Plan. Any significant changes to the Plan, to include any increase in the budget, must be approved by the City Attorney prior to implementation of such changes.

CONSENT CALENDAR 8.R.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING NEW SALARY RANGES FOR THE ASSISTANT

CITY MANAGER AND DEPUTY POLICE CHIEF CLASSIFICATIONS

RECOMMENDATION
Adopt a resolution approving new salary ranges for the Assistant City Manager and Deputy Police Chief Classifications.

REASONS FOR RECOMMENDATION
The Human Resources Department conducted a peer jurisdiction total compensation benchmarking study for the Assistant City Manager prior to beginning the recruitment process and determined that it is 10.46% below market. Since then, Council approved a 5% increase for all Unrepresented employees. Increasing the salary by 4% will close the gap further to help us ensure a more successful recruitment process.

The Deputy Police Chief classification is currently paid roughly 2% more than the Police Captain (a subordinate rank). This makes it challenging for the City to encourage current Police Captains to fill that role in a temporary capacity when needed, let alone a regular capacity. Increasing the salary by 5% will widen the gap further to help us recruit and retain.

BACKGROUND AND DISCUSSION
Recruitment and retention continue to be a challenge for the City of Vallejo, as well as for other would-be employers (whether public or private). In order to be successful in recruiting and retaining quality employees, the City must offer competitive compensation relative to the market as well as internal equity. Two classifications in particular need increased compensation for attraction and retention.

Assistant City Manager
We have one Assistant City Manager vacancy which is now open for recruitment. A peer jurisdiction total compensation study on the Assistant City Manager classification was conducted in late June/early July and it was found that the total compensation of the Assistant City Manager classification in Vallejo is 10.46% below the market median. Attracting and hiring a highly qualified candidate for this position is going to be extremely important. The City is simultaneously working on (1) modernizing policies and procedures, due to a long period of time when the City did not stay up to date, and (2) implementing a significant number of projects across many departments. Many of the City's key projects are cross-departmental and many department heads are relatively short in tenure, which requires additional support from the City Manager and Assistant City Managers. Council approved a 5% increase for Unrepresented employees effective September 21, 2024, which put the Assistant City Manager salary closer to market median. Our recommendation is to increase the Assistant City Manager salary by another 4%, which we believe will move it to within 5% of the peer jurisdiction average.

Deputy Police Chief
After the negotiated increases that VPOA received in July 2024, the Police Captain classification (VPOA), with all applicable special pays, earned roughly 3% more than the Deputy Police Chief (Unrepresented). With the

Date: October 22, 2024
Subject: ADOPT A RESOLUTION APPROVING NEW SALARY RANGES FOR THE ASSISTANT

CITY MANAGER AND DEPUTY POLICE CHIEF CLASSIFICATIONS

5% increases approved by Council for Unrepresented employees effective September 21, 2024, the Deputy Police Chief now makes roughly 2% more than the Police Captain. This makes it difficult to encourage internal promotion from Police Captain to Deputy Police Chief (even for temporary assignments), and would present a challenge for external recruitment. Increasing the Deputy Police Chief salary by 5% will create sufficient space between the Police Captain and Deputy Police Chief salaries to encourage internal promotion as well as recruitment of external candidates, and retention in the long term. If Council does not approve the recommended salary increase for the Deputy Police Chief classification, it will continue to be difficult to fill it (whether internal or external, temporary or permanent).

FISCAL IMPACT
The Assistant City Manager classification has two budgeted allocations. The Deputy Police Chief classification has two budgeted allocations. Approval of this item will increase the General Fund expenditures for CY 2024- 25 by $38,400 covering the months of November 2024 through June 2025. The increases will be absorbed by the applicable departments’ existing budgets. Funding for future fiscal years will be requested as part of the annual budget process and will be factored into the Five-Year Financial Forecast.

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

ATTACHMENTS

1. Reso Salary Ranges for ACM and DC CAO Stamp

2. Exhibit 1_Salary Plan

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

RESOLUTION NO. 24 - ___N.C.

APPROVING NEW SALARY RANGES FOR THE CLASSIFICATIONS OF ASSISTANT CITY

MANAGER AND DEPUTY POLICE CHIEF WITHIN THE UNREPRESENTED SALARY

SCHEDULE
WHEREAS, Vallejo Municipal Code Section 2.60.340 requires the City Council adopt an official salary plan through adoption of the annual positions and salaries ordinance or resolution; and WHEREAS, City Council approved resolution 24-094 N.C. on June 12, 2024 for this Fiscal Year, adopting the Salary Plan; and
WHEREAS, the Salary Plan consists of the Full-Time Equivalent Listing and the Salary Schedule; and
WHEREAS, City Council has the authority to amend the positions and salaries resolution to change the Salary Plan during the Fiscal Year; and
WHEREAS, Human Resources is recommending a change to the Salary Plan as attached in Exhibit 1; and
WHEREAS, City Council has the authority to amend the Unrepresented salary schedule as listed below; and
WHEREAS, Human Resources conducted a salary comparison evaluating other Assistant City Manager salaries in neighboring cities, consistent with Vallejo’s past practice; and WHEREAS, Human Resources reviewed the current salaries for the Police Captain and Deputy Police Chief for internal alignment; and
WHEREAS, Human Resources is recommending the Salary Schedule for the Unrepresented group be amended as outlined below; and
WHEREAS, the following salary range, 03R, is appropriate for the Assistant City Manager classification:

Range
03R
Step 1 Step 2 Step 3 Step 4 Step 5
Hourly 99.3640 104.3322 109.5487 115.0262 120.7775
Bi-weekly 7,949.12 8,346.58 8,763.90 9,202.10 9,662.20
Monthly 17,223.09 18,084.25 18,988.44 19,937.88 20,934.77 Annual 206,677.12 217,010.98 227,861.30 239,254.50 251,217.20

WHEREAS, the following salary range, 22R, is appropriate for the Deputy Police Chief classification:

Range
22R
Step 1 Step 2 Step 3 Step 4 Step 5
Hourly 104.1915 109.4011 114.8711 120.6148 126.6453
Bi-weekly 8,335.32 8,752.09 9,189.69 9,649.18 10,131.62 Monthly 18,059.86 18,962.86 19,910.99 20,906.57 21,951.85 Annual 216,718.32 227,554.29 238,931.89 250,878.78 263,422.22 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo approves new salary ranges for the Assistant City Manager and Deputy Police Chief classifications as indicated above and directs staff to revise the salary schedule for the Unrepresented Salary Schedule accordingly, effective November 2, 2024.

BE IT FURTHER RESOLVED that the City Council of the City of Vallejo directs staff to revise the city’s current salary plan contained in Resolution 24-094, (the FY 2024-2025 Positions and Salaries Resolution) adopted concurrently with the FY2024-2025 Budget. Such an amendment shall be ratified by Council in the FY 25-26 Budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 22, 2024, with the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
__________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_______________________________________

DAWN ABRAHAMSOM, CITY CLERK
ACM plus 4%
DC plus 5%
Effective 11/02/2024
Range Classification Rate Step 1 Step 2 Step 3 Step 4 Step 5 56P Assistant City Attorney I Hourly 69.1822 72.6412 76.2734 80.0870 84.0912 43Q Assistant City Attorney II Hourly 85.7532 90.0410 94.5431 99.2702 104.2337 03R Assistant City Manager Hourly 99.3640 104.3322 109.5487 115.0262 120.7775 84P Assistant Finance Director Hourly 74.1918 77.9015 81.7966 85.8863 90.1807 84P Assistant Human Resources Director Hourly 74.1918 77.9015 81.7966 85.8863 90.1807 27Q Assistant Public Works Director - City Engineer Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 66P Assistant Public Works Director - Maintenance Hourly 70.9313 74.4779 78.2018 82.1118 86.2174 66P Assistant to the City Manager Hourly 70.9313 74.4779 78.2018 82.1118 86.2174 73Q Chief Assistant City Attorney Hourly 92.4235 97.0445 101.8967 106.9916 112.3413 27Q Chief Innovation Officer Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 13P City Clerk Hourly 62.1391 65.2461 68.5084 71.9338 75.5305 39P Communications and Public Information Officer Hourly 66.3070 69.6224 73.1034 76.7587 80.5965 55P Community Engagement Manager Hourly 69.0097 72.4601 76.0831 79.8873 83.8816 19P Deputy Finance Director Hourly 63.0771 66.2310 69.5426 73.0197 76.6708 23Q Deputy Fire Chief Hourly 81.5761 85.6548 89.9376 94.4345 99.1562 22R Deputy Police Chief Hourly 104.1915 109.4011 114.8711 120.6148 126.6453 27Q Economic Development Director Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 84P Employee and Labor Relations Officer Hourly 74.1918 77.9015 81.7966 85.8863 90.1807 39P Employee Relations Manager Hourly 66.3070 69.6224 73.1034 76.7587 80.5965 86N Executive Assistant to the City Manager Hourly 45.4798 47.7538 50.1415 52.6485 55.2810 01N Executive Assistant to the Mayor Hourly 36.7829 38.6219 40.5531 42.5809 44.7098 27Q Finance Director Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 26R Fire Chief Hourly 105.2373 110.4992 116.0240 121.8252 127.9166 27Q Housing Director Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 27Q Human Resources Director Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 39P Human Resources Program Manager Hourly 66.3070 69.6224 73.1034 76.7587 80.5965 27Q Information and Technology Director Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 76O Law Office Supervisor Hourly 56.7972 59.6372 62.6191 65.7501 69.0376 39P Organizational Development Manager Hourly 66.3070 69.6224 73.1034 76.7587 80.5965 31Q Planning and Development Services Director Hourly 83.2218 87.3830 91.7522 96.3398 101.1568 67R Police Chief Hourly 116.5814 122.4105 128.5310 134.9574 141.7054 31Q Public Works Director Hourly 83.2218 87.3830 91.7522 96.3398 101.1568 66P Risk Manager/Safety Officer Hourly 70.9313 74.4779 78.2018 82.1118 86.2174 27Q Special Advisor to CM Hourly 82.3949 86.5146 90.8403 95.3823 100.1515 88P Water Operations Manager Hourly 74.9366 78.6833 82.6177 86.7485 91.0859 31Q Water Utilities Director Hourly 83.2218 87.3830 91.7522 96.3398 101.1568 Exhibit 1
Personnel Summary
Authorized Full-time Equivalent (FTE) Listing
Proposed
Amended Amended Adopted Amended Changes Proposed
General Fund
Legislative 8.00 8.00 8.00 8.00 - 8.00
Executive -
City Manager 16.00 16.00 16.00 16.00 - 16.00 City Clerk 3.00 2.00 2.00 2.00 - 2.00
Information Technology 12.00 - - - - -
Legal 14.00 14.00 14.00 14.00 - 14.00
Finance 24.00 24.00 24.00 24.00 - 24.00
Human Resources 15.00 15.00 15.00 15.00 1.00 16.00 Information Technology - 11.50 12.50 13.50 - 13.50 Planning & Development Services 31.00 35.00 35.00 35.00 - 35.00 Economic Development - 7.00 7.00 7.00 - 7.00 Fire 109.00 108.00 96.00 96.00 - 96.00
Police 201.00 190.00 191.00 201.00 - 201.00 Public Works 74.00 73.50 73.50 73.50 - 73.50 507.00 504.00 494.00 505.00 1.00 506.00
Enterprise Funds
Water 120.00 121.00 121.00 120.00 1.00 121.00 Finance 17.00 18.00 18.00 18.00 - 18.00
Human Resources 1.00 1.00 1.00 1.00 (1.00) - Subtotal, Water 138.00 140.00 140.00 139.00 - 139.00 Parking 1.00 - - - - -
139.00 140.00 140.00 139.00 - 139.00
Economic Development Funds
Mare Island CFDs 2.00 2.00 2.00 2.00 - 2.00

2.00 2.00 2.00 2.00 - 2.00
Public Works Funds
Landscape Districts 5.00 5.00 5.00 5.00 - 5.00 Corp Yard 8.00 9.00 9.00 9.00 - 9.00

13.00 14.00 14.00 14.00 - 14.00
Other Funds
Housing 15.00 15.00 16.00 16.00 - 16.00
Self Insurance 5.00 5.00 5.00 5.00 - 5.00

20.00 20.00 21.00 21.00 - 21.00
TOTAL 681.00 680.00 671.00 681.00 1.00 682.00 Note: Detailed FTE information by classification and department can be found in the Appendix.

FY 23-24 FY 24-25FY 22-23FY 21-22
Temporary & Part-time Authorized Positions
The Personnel Summary/Authorized FTE Listing does not reflect temporary and part-time positions required to be paid through City payroll. These positions include interns, administrative, manual and nonmanual temporary positions, and Police Cadets and Firefighter Trainee authorizations.

These temporary and part-time position authorizations generally fluctuate throughout the year as business needs change. As such, the City Manager has the authority to adjust staffing levels for temporary staffing positions, subject to budgetary constraints.

Multi-Level Authorizations
All positions in the Personnel Summaries/Authorized FTE Listings by Department that are authorized at multiple levels, where promotion is dependent on an employee obtaining certification or similar criteria not in the City's control, or other circumstances warrant, are required to be listed below and are referred to as "Multi-Level Authorizations":

Housing Specialist I/II Assistant Engineer/ Associate Civil Engineer Communications Operators I/II Instrument Technician I/II Maintenance Worker I/II Water Maintenance Worker I/II
Exhibit 1
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Legislative, Executive and Legal Departments
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

LEGISLATIVE

MAYOR & COUNCIL
Mayor MAYOR 1.00 1.00 1.00 1.00 - 1.00 City Council COUNCIL 6.00 6.00 6.00 6.00 - 6.00 Executive Assistant to the Mayor EXEC 1.00 1.00 1.00 1.00 - 1.00 Total Legislative 8.00 8.00 8.00 8.00 - 8.00

EXECUTIVE

CITY MANAGER
City Manager EXEC 1.00 1.00 1.00 1.00 - 1.00 Assistant City Manager EXEC 2.00 2.00 2.00 2.00 - 2.00 Assistant to the City Manager EXEC 2.00 2.00 2.00 2.00 - 2.00 Communication Operations Manager EXEC - 1.00 - - - - Community Engagement Manager EXEC - - 1.00 1.00 - 1.00 Executive Assistant to the City Manager EXEC 1.00 1.00 1.00 1.00 - 1.00 Organizational Development Manager EXEC 1.00 1.00 1.00 1.00 - 1.00 Administrative Clerk II-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 3.00 3.00 3.00 4.00 - 4.00 Administrative Analyst II (ARPA Funded) CAMP 1.00 1.00 1.00 - - - Community and Volunteer Coordinator CAMP 1.00 1.00 1.00 1.00 - 1.00 Communications and Public Information OfficerEXEC 1.00 1.00 1.00 1.00 - 1.00 Special Advisor to the City Manager EXEC 1.00 - - - - -

16.00 16.00 16.00 16.00 - 16.00

CITY CLERK
City Clerk EXEC 1.00 1.00 1.00 1.00 - 1.00 Deputy City Clerk CAMP 1.00 1.00 1.00 1.00 - 1.00 Contracts & Records Technician CAMP 1.00 - - - - -

3.00 2.00 2.00 2.00 - 2.00

INFORMATION TECHNOLOGY
Chief Innovation Officer EXEC 1.00 - - - - - IT Project Manager CAMP 1.00 - - - - - Information Systems Manager CAMP 2.00 - - - - - Network Administrator CAMP 1.00 - - - - - IS Services Specialist IBEW 1.00 - - - - - Media Services Specialist CAMP 1.00 - - - - - IS Support Technician II IBEW 3.00 - - - - - IS Support Technician I IBEW 1.00 - - - - - Administrative Clerk II IBEW 1.00 - - - - -

12.00 - - - - - Subtotal Executive, General Fund 31.00 18.00 18.00 18.00 - 18.00 FY 21-22 FY 22-23 FY 23-24 FY 24-25
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Legislative, Executive and Legal Departments
Proposed
Group Amended Amended Adopted Amended Changes Proposed
FY 21-22 FY 22-23 FY 23-24 FY 24-25
EXECUTIVE (continued)
HOUSING/SECTION 8 Fund 121
Housing & Community Development Program ManagerCAMP 1.00 - - - - - Housing Project Developer CAMP 1.00 - - - - - Housing Specialist Supervisor IBEW 2.00 - - - - - Sr. Housing Specialist IBEW 6.00 - - - - - Administrative Analyst II CAMP 2.00 - - - - - Secretary IBEW 1.00 - - - - - Admin Clerk II IBEW 2.00 - - - - -

15.00 - - - - - Total Executive 46.00 18.00 18.00 18.00 - 18.00 LEGAL

CITY ATTORNEY
City Attorney EXEC 1.00 1.00 1.00 1.00 - 1.00 Chief Assistant City Attorney EXEC 1.00 1.00 1.00 1.00 - 1.00 Asst. City Attorney II-E EXEC 1.00 1.00 1.00 1.00 - 1.00 Asst. City Attorney II CAMP 3.00 3.00 3.00 4.00 - 4.00 Deputy City Attorney II CAMP 2.00 2.00 2.00 1.00 - 1.00 Deputy City Attorney I CAMP 1.00 1.00 1.00 1.00 - 1.00 Law Office Supervisor EXEC 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Paralegal CAMP 3.00 3.00 3.00 3.00 - 3.00 Total Legal 14.00 14.00 14.00 14.00 - 14.00

TOTAL LEGISLATIVE,
EXECUTIVE AND LEGAL 68.00 40.00 40.00 40.00 0.00 40.00
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Finance Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

ACCOUNTING
Finance Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Assistant Finance Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Deputy Finance Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Finance Manager CAMP - - - 1.00 - 1.00 Finance Manager (Ltd term expires 6/30/25) CAMP 1.00 1.00 1.00 - - - Purchasing Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Accounting Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 1.00 3.00 - 3.00 Administrative Analyst II (ARPA Funded) CAMP 1.00 1.00 1.00 - - - Senior Accountant IBEW 5.00 5.00 5.00 4.00 - 4.00 Accountant IBEW 5.00 6.00 6.00 6.00 - 6.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Accounting Technician IBEW 3.00 2.00 2.00 2.00 - 2.00

22.00 22.00 22.00 22.00 - 22.00

COMMERCIAL SERVICES
Senior Accountant IBEW 1.00 1.00 1.00 1.00 - 1.00 Customer Service Representative IBEW 1.00 1.00 1.00 1.00 - 1.00

2.00 2.00 2.00 2.00 - 2.00 Subtotal, General Fund 24.00 24.00 24.00 24.00 - 24.00 WATER FUND:

WATER BILLING & COLLECTION
Customer Service Supervisor IBEW 1.00 1.00 1.00 1.00 - 1.00 Accounting Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Accountant IBEW 1.00 1.00 1.00 1.00 - 1.00 Sr. Customer Service Representative IBEW 1.00 1.00 1.00 1.00 - 1.00 Customer Service Representative IBEW 5.00 6.00 6.00 6.00 - 6.00

9.00 10.00 10.00 10.00 - 10.00

WATER METER READING
Meter Reader IBEW 5.00 5.00 5.00 5.00 - 5.00 Sr.Meter Reader IBEW 1.00 1.00 1.00 1.00 - 1.00 Utility Field Representative IBEW 2.00 2.00 2.00 2.00 - 2.00

8.00 8.00 8.00 8.00 - 8.00 Subtotal, Water Fund 17.00 18.00 18.00 18.00 - 18.00 TOTAL DEPARTMENT 41.00 42.00 42.00 42.00 - 42.00 FY 24-25FY 23-24FY 22-23FY 21-22
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Human Resources Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

HUMAN RESOURCES
Human Resources Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Assistant Human Resources Director EXEC 1.00 1.00 1.00 1.00 (1.00) - HR Program Manager EXEC 1.00 1.00 1.00 3.00 - 3.00 Employee and Labor Relations Officer EXEC 1.00 1.00 1.00 1.00 - 1.00 Senior Personnel Analyst CAMP 2.00 2.00 2.00 1.00 (1.00) - Administrative Analyst II CAMP 1.00 1.00 1.00 - - - HR Information System Analyst CAMP 1.00 1.00 1.00 - - - Personnel Analyst II CAMP 3.00 3.00 3.00 3.00 2.00 5.00 Personnel Technician CAMP 2.00 2.00 2.00 2.00 1.00 3.00 Personnel Analyst II (Ltd term expires 06/30/25) (a) CAMP 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Admin Clerk II-C CAMP - - - 1.00 - 1.00 Subtotal, General Fund 15.00 15.00 15.00 15.00 1.00 16.00 Water Fund 401
Personnel Analyst II CAMP 1.00 1.00 1.00 1.00 (1.00) -

1.00 1.00 1.00 1.00 (1.00) - SELF INSURANCE Fund
Risk Manager / Safety Officer EXEC 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 3.00 3.00 3.00 3.00 - 3.00 Admin Clerk II-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Subtotal, Self Insurance 5.00 5.00 5.00 5.00 - 5.00 TOTAL DEPARTMENT 21.00 21.00 21.00 21.00 - 21.00 (a)Funded by ARPA expires 06/30/25
FY 24-25FY 21-22 FY 22-23 FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Information Technology Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

INFORMATION TECHNOLOGY
Chief Innovation Officer EXEC - 1.00 1.00 1.00 - 1.00 Cybersecurity Information Systems Officer CAMP - - - 1.00 - 1.00 Enterprise Systems Application Officer CAMP - - - - 1.00 1.00 IT Project Manager CAMP - 1.00 1.00 1.00 (1.00) - Information Systems Manager CAMP - 2.00 2.00 2.00 - 2.00 Network Administrator CAMP - 1.00 1.00 1.00 - 1.00 Media Services Specialist CAMP - 1.00 1.00 1.00 - 1.00 Asset Manager CAMP - 0.50 0.50 0.50 - 0.50 IS Support Technician II IBEW - 4.00 5.00 5.00 - 5.00 Secretary IBEW - 1.00 1.00 1.00 - 1.00 TOTAL DEPARTMENT - 11.50 12.50 13.50 - 13.50 FY 21-22 FY 22-23 FY 24-25FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Economic Development Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

ECONOMIC DEVELOPMENT
Economic Development Director EXEC - 1.00 1.00 1.00 - 1.00 Economic Development Program Manager CAMP - 3.00 3.00 3.00 - 3.00 Sr. Comm. Development Analyst IBEW - 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP - 1.00 1.00 1.00 - 1.00 Secretary IBEW - 1.00 1.00 1.00 - 1.00 TOTAL DEPARTMENT - 7.00 7.00 7.00 - 7.00 FY 24-25FY 22-23 FY 23-24FY 21-22
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Planning & Development Services Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

ADMINISTRATION
Planning & Development Services Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00

3.00 3.00 3.00 3.00 - 3.00

BUILDING
Chief Building Official CAMP 1.00 1.00 1.00 1.00 - 1.00 Building Inspection Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Building Inspection Supervisor IBEW 1.00 1.00 1.00 1.00 - 1.00 Building Inspector II IBEW 4.00 4.00 4.00 4.00 - 4.00 Development Permit Coordinator CAMP 1.00 1.00 1.00 1.00 - 1.00 Plan Check Engineer IBEW 1.00 1.00 1.00 1.00 - 1.00 Building Permit Technician I IBEW 1.00 1.00 1.00 1.00 - 1.00 Building Permit Technician II IBEW 1.00 1.00 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00

12.00 12.00 12.00 12.00 - 12.00

PLANNING
Planning Manager CAMP 2.00 2.00 2.00 2.00 - 2.00 Principal Planner CAMP 1.00 1.00 1.00 1.00 - 1.00 Senior Planner CAMP 2.00 2.00 2.00 2.00 - 2.00 Associate Planner IBEW 3.00 3.00 3.00 3.00 - 3.00 Planning Technician (a) IBEW 1.00 1.00 1.00 1.00 - 1.00

9.00 9.00 9.00 9.00 - 9.00

CODE ENFORCEMENT
Code Enforcement Manager CAMP - 1.00 1.00 1.00 - 1.00 Sr. Code Enforcement Officer IBEW - 1.00 1.00 1.00 - 1.00 Code Enforcement Officer IBEW - 6.00 6.00 6.00 - 6.00 Accounting Clerk II IBEW - 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP - 1.00 1.00 1.00 - 1.00 Secretary IBEW - 1.00 1.00 1.00 - 1.00 - 11.00 11.00 11.00 - 11.00

ECONOMIC DEVELOPMENT
Economic Development Manager CAMP 1.00 - - - - - Economic Development Program Manager CAMP 3.00 - - - - - Sr. Comm. Development Analyst IBEW 1.00 - - - - - Administrative Analyst II CAMP 1.00 - - - - - Secretary IBEW 1.00 - - - - -

7.00 - - - - - TOTAL DEPARTMENT 31.00 35.00 35.00 35.00 - 35.00 (a)
FY 23-24 FY 24-25FY 21-22 FY 22-23
One (1) Vacant Planning Technician position frozen since FY 19-20.

DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Fire Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

ADMINISTRATION
Fire Chief EXEC 1.00 1.00 1.00 1.00 - 1.00 Deputy Fire Chief EXEC 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Clerk II CAMP 1.00 1.00 1.00 1.00 - 1.00

5.00 5.00 5.00 5.00 - 5.00

SUPPRESSION
Battalion Chief IAFF 3.00 3.00 3.00 3.00 - 3.00 Fire Captain IAFF 24.00 24.00 24.00 24.00 - 24.00 Fire Engineer IAFF 24.00 24.00 24.00 24.00 - 24.00 Firefighter IAFF 25.00 24.00 24.00 24.00 - 24.00 Firefighter (Limited Term) (a) IAFF 21.00 21.00 9.00 9.00 - 9.00

97.00 96.00 84.00 84.00 - 84.00

PREVENTION
Fire Prevention Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Fire Prevention Inspector IBEW 3.00 3.00 3.00 3.00 - 3.00 Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00

5.00 5.00 5.00 5.00 - 5.00

TRAINING
Battalion Chief IAFF 1.00 1.00 1.00 1.00 - 1.00

1.00 1.00 1.00 1.00 - 1.00

EMERGENCY MEDICAL SERVICES
Fire Captain IAFF 1.00 1.00 1.00 1.00 - 1.00

1.00 1.00 1.00 1.00 - 1.00 TOTAL DEPARTMENT 109.00 108.00 96.00 96.00 - 96.00 Staffing subtotals by type:

Sworn 101.00 100.00 88.00 88.00 - 88.00 Unsworn 8.00 8.00 8.00 8.00 - 8.00 Total 109.00 108.00 96.00 96.00 - 96.00 (a) Nine (9) Firefighter positions funded by 2020 SAFER grant expires 02/26/25.

FY 21-22 FY 22-23 FY 24-25FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Police Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

PUBLIC SAFETY
Police Chief EXEC 1.00 1.00 1.00 1.00 - 1.00 Deputy Police Chief EXEC 2.00 2.00 2.00 2.00 - 2.00 Police Captain (a) VPOA 3.00 3.00 3.00 3.00 - 3.00 Police Lieutenant (b) VPOA 8.00 9.00 9.00 10.00 - 10.00 Police Sergeant VPOA 13.00 13.00 13.00 15.00 - 15.00 Police Corporal (c) VPOA 12.00 12.00 12.00 14.00 - 14.00 Police Officer (d) VPOA 84.00 84.00 84.00 84.00 - 84.00 Police Officer (Ltd 4-yr term) (e) VPOA 8.00 8.00 8.00 8.00 - 8.00 131.00 132.00 132.00 137.00 - 137.00 Administrative Manager CAMP 1.00 1.00 2.00 3.00 - 3.00 Administrative Analyst II CAMP 4.00 5.00 5.00 9.00 - 9.00 Administrative Analyst I CAMP 2.00 - - - - - Administrative Clerk II-C CAMP 1.00 1.00 1.00 3.00 - 3.00 Communications Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Communications Supervisor IBEW 4.00 4.00 4.00 4.00 - 4.00 Communications Operator I/II IBEW 16.00 16.00 16.00 16.00 - 16.00 Executive Secretary-C CAMP 2.00 2.00 2.00 2.00 - 2.00 Senior Police Assistant IBEW 1.00 2.00 2.00 1.00 - 1.00 Police Assistant IBEW 11.00 10.00 10.00 10.00 - 10.00 Police Assistant (Ltd term expires 06/30/25) (f) IBEW 3.00 3.00 3.00 3.00 - 3.00 Senior Crime Scene Investigator IBEW - - - 1.00 - 1.00 Forensic Analyst IBEW 1.00 - - - - - Police Clerk IBEW 12.00 9.00 9.00 8.00 - 8.00 Police Records Supervisor IBEW - 1.00 1.00 1.00 - 1.00 Police Records Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Crime Analyst IBEW 2.00 2.00 2.00 1.00 - 1.00

62.00 58.00 59.00 64.00 - 64.00

CODE ENFORCEMENT
Police Lieutenant VPOA 1.00 - - - - - Sr. Code Enforcement Officer IBEW 1.00 - - - - - Code Enforcement Officer IBEW 4.00 - - - - - Police Clerk IBEW 1.00 - - - - - Secretary IBEW 1.00 - - - - - -

8.00 - - - - - TOTAL DEPARTMENT 201.00 190.00 191.00 201.00 - 201.00 (a)
(b)
(c)
(d)
(e) 3-year Eight (8) Police Officer 2020 COPS grant positions with additional 1 year expires 06/30/25. (f) Funded by ARPA expires 06/30/25
Staffing subtotals by type:

Sworn 132.00 132.00 132.00 137.00 - 137.00 Unsworn 69.00 58.00 59.00 64.00 - 64.00 Total 201.00 190.00 191.00 201.00 - 201.00 FY 24-25
Eleven (11) Vacant Police Officer position defunded since FY 23-24.

FY 23-24FY 22-23FY 21-22
One (1) Vacant Police Captain position defunded since FY 23-24.

One (1) Vacant Police Corporal position defunded since FY 23-24.

One (1) Vacant Police Lieutenant position defunded since FY 23-24.

DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Public Works Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
GENERAL FUND:

ADMINISTRATION
Public Works Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Real Property & Lease Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Environmental Services Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Transportation Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 Senior Accountant IBEW 1.00 1.00 1.00 1.00 - 1.00 Total Administration 8.00 9.00 9.00 9.00 - 9.00

ENGINEERING
Assistant PW Director - City Engineer EXEC 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 Senior Civil Engineer IBEW 2.00 2.00 2.00 2.00 - 2.00 Assistant Eng/Associate Civil Engineer IBEW 7.00 7.00 7.00 7.00 - 7.00 Traffic Engineer IBEW 1.00 1.00 1.00 1.00 - 1.00 Senior Engineering Technician IBEW 1.00 1.00 1.00 1.00 - 1.00 Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00 Engineering Technician II IBEW 5.00 5.00 5.00 5.00 - 5.00 Landscape Inspector IBEW - - - 1.00 - 1.00 Total Engineering 19.00 19.00 19.00 20.00 - 20.00

MAINTENANCE ADMINISTRATION
Assistant PW Director - Maintenance EXEC 1.00 1.00 1.00 1.00 - 1.00 Assistant Maintenance Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 Building Supervisor IBEW 1.00 1.00 1.00 1.00 - 1.00 Public Works Supervisor IBEW 3.00 3.00 3.00 3.00 - 3.00 Senior Public Works Maintenance Worker IBEW 5.00 5.00 5.00 5.00 - 5.00 Maintenance Worker I/II IBEW 18.00 18.00 17.00 17.00 - 17.00 Senior Building Maintenance Worker IBEW 1.00 1.00 1.00 1.00 - 1.00 Building Maintenance Worker II IBEW 4.00 3.00 4.00 4.00 - 4.00 Heavy Equipment Operator IBEW 2.00 2.00 2.00 2.00 - 2.00 Electrician IBEW 2.00 2.00 2.00 2.00 - 2.00 Traffic & Lighting Tech II IBEW 2.00 2.00 2.00 2.00 - 2.00 Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00 Landscape Inspector IBEW 1.00 1.00 1.00 - - - Accounting Clerk II IBEW 2.00 2.00 2.00 2.00 - 2.00 Asset Manager CAMP 1.00 0.50 0.50 0.50 - 0.50 Customer Service Representative IBEW 1.00 1.00 1.00 1.00 - 1.00 Total Maintenance 46.00 44.50 44.50 43.50 - 43.50

RECYCLING PROGRAM
Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 Total Recycling Program 1.00 1.00 1.00 1.00 - 1.00 Total Public Works (General Fund) 74.00 73.50 73.50 73.50 - 73.50 FY 24-25FY 22-23FY 21-22 FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Public Works Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
FY 24-25FY 22-23FY 21-22 FY 23-24
OTHER FUNDS:

MARE ISLAND COMMUNITY
FACILITIES DISTRICT Fund 112
Maintenance Worker I/II IBEW 2.00 2.00 2.00 2.00 - 2.00 Total Mare Island 2.00 2.00 2.00 2.00 - 2.00 LANDSCAPE MAINT DISTRICTS Fund 161
Landscape Maintenance Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Sr. Landscape Inspector IBEW 1.00 1.00 1.00 1.00 - 1.00 Landscape Inspector IBEW 2.00 2.00 2.00 2.00 - 2.00 Accounting Clerk II IBEW 1.00 1.00 1.00 1.00 - 1.00 Total Landscape Maint. Districts 5.00 5.00 5.00 5.00 - 5.00 CORPORATION SHOP Fund 501
Fleet Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Senior Equipment Mechanic IBEW 1.00 1.00 1.00 1.00 - 1.00 Equipment Mechanic II IBEW 4.00 5.00 5.00 5.00 - 5.00 Parts Specialist IBEW 1.00 1.00 1.00 1.00 - 1.00 Accounting Clerk II IBEW - 1.00 1.00 1.00 - 1.00 Administrative Clerk II IBEW 1.00 - - - - - Total Corporation Shop Fund 8.00 9.00 9.00 9.00 - 9.00 TOTAL DEPARTMENT 90.00 89.50 89.50 89.50 - 89.50 DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Housing Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
OTHER FUNDS:

HOUSING/SECTION 8 Fund 121
Housing Director EXEC - 1.00 1.00 1.00 - 1.00 Housing Project Developer CAMP - 1.00 1.00 - - - Housing Specialist Supervisor IBEW - 1.00 1.00 1.00 - 1.00 Housing Specialist I / II IBEW - 6.00 7.00 7.00 - 7.00 Sr. Housing Specialist IBEW - 1.00 1.00 1.00 - 1.00 Administrative Manager CAMP - 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP - 1.00 1.00 2.00 - 2.00 Secretary IBEW - 1.00 1.00 1.00 - 1.00 Admin Clerk II IBEW - 2.00 2.00 2.00 - 2.00 TOTAL DEPARTMENT - 15.00 16.00 16.00 - 16.00 FY 21-22 FY 22-23 FY 24-25FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Water Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
WATER FUND:

WATER ADMIN & ENGINEERING
Water Utilities Director EXEC 1.00 1.00 1.00 1.00 - 1.00 Water Operations Manager EXEC 1.00 1.00 1.00 3.00 - 3.00 Water Engineering Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Water Resource Manager CAMP - 1.00 1.00 1.00 - 1.00 Administrative Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Water Finance Manager CAMP 1.00 1.00 1.00 - - - IT Project Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Information System Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 Administrative Analyst II CAMP 4.00 5.00 5.00 6.00 1.00 7.00 Administrative Analyst I IBEW 1.00 - - - - - Sr. Civil Engineer IBEW 3.00 3.00 3.00 3.00 - 3.00 Assistant Eng/Associate Civil Engineer IBEW 10.00 8.00 8.00 6.00 - 6.00 Geographic Info Systems Specialist I/II/III IBEW 1.00 1.00 1.00 1.00 - 1.00 Secretary IBEW - 1.00 1.00 1.00 - 1.00 Sr. Engineering Technician IBEW 2.00 2.00 2.00 2.00 - 2.00 Engineering Technician II IBEW 3.00 3.00 3.00 3.00 - 3.00 Accounting Clerk II IBEW 1.00 1.00 1.00 1.00 - 1.00 Admin Clerk II IBEW 1.00 1.00 1.00 1.00 - 1.00

34.00 34.00 34.00 34.00 1.00 35.00

WATER QUALITY
Water Quality Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Laboratory Supervisor CAMP 1.00 1.00 1.00 1.00 - 1.00 Water Quality Analyst IBEW 2.00 2.00 2.00 2.00 - 2.00 Laboratory Analyst II IBEW 1.00 1.00 1.00 1.00 - 1.00

5.00 5.00 5.00 5.00 - 5.00

SOURCE OPERATIONS
Reservoir Keeper II IBEW 2.00 2.00 2.00 2.00 - 2.00

2.00 2.00 2.00 2.00 - 2.00

PUMPING & TREATMENT MAINTENANCE
Water Facilities Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 IT Project Manager CAMP 1.00 1.00 1.00 - - - Plant Maintenance Supervisor CAMP 2.00 2.00 2.00 2.00 - 2.00 Facilities Maintenance Supervisor CAMP - 1.00 - - - - Public Works Supervisor IBEW 1.00 - 1.00 1.00 - 1.00 Utility Mechanic II IBEW 5.00 5.00 5.00 5.00 - 5.00 Sr. Instrument Technician IBEW 1.00 1.00 1.00 1.00 - 1.00 Senior Utility Mechanic IBEW 1.00 1.00 1.00 1.00 - 1.00 Instrument Technician I/II IBEW 3.00 3.00 3.00 3.00 - 3.00 Water Maintenance Worker I/II IBEW 4.00 4.00 4.00 4.00 - 4.00

19.00 19.00 19.00 18.00 - 18.00

TREATMENT OPERATIONS
Water Treatment Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 WTP Supervisor IBEW 2.00 2.00 2.00 3.00 - 3.00 WTP Regulatory Compliance IBEW 1.00 1.00 1.00 - - - WTPO Trainee II IBEW 1.00 1.00 1.00 1.00 - 1.00 WTP Operator IBEW 11.00 12.00 12.00 12.00 - 12.00 Senior WTPO IBEW 7.00 7.00 7.00 7.00 - 7.00

23.00 24.00 24.00 24.00 - 24.00 FY 22-23FY 21-22 FY 24-25 FY 23-24
DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9 Appendix: Personnel Summary
Water Department
Proposed
Group Amended Amended Adopted Amended Changes Proposed
FY 22-23FY 21-22 FY 24-25 FY 23-24
WATER FUND (continued):

DISTRIBUTION MAINT
Water Distribution Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 Assistant Water Distribution Superintendent CAMP 1.00 1.00 1.00 - - - Utility Supervisor IBEW 3.00 3.00 3.00 4.00 - 4.00 Sr. Water Distribution Technician IBEW 5.00 5.00 5.00 5.00 - 5.00 Water Distribution Technician IBEW 14.00 14.00 14.00 14.00 - 14.00 Heavy Equipment Operator IBEW 3.00 3.00 3.00 3.00 - 3.00 Water Maintenance Worker I/II IBEW 5.00 5.00 5.00 5.00 - 5.00 Senior Meter Mechanic IBEW 1.00 1.00 1.00 1.00 - 1.00 Meter Mechanic IBEW 2.00 2.00 2.00 2.00 - 2.00

35.00 35.00 35.00 35.00 - 35.00

WAREHOUSE
Warehouse Supervisor IBEW 1.00 1.00 1.00 1.00 - 1.00 Warehouse Specialist IBEW 1.00 1.00 1.00 1.00 1.00

2.00 2.00 2.00 2.00 - 2.00 TOTAL DEPARTMENT 120.00 121.00 121.00 120.00 1.00 121.00 DocuSign Envelope ID: F61D8C37-4808-4071-8FF9-D2DC3BE1DBC9

Approved as to form:

By: for
Veronica Nebb, City Attorney
ORDINANCE ___________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE VALLEJO POLICE DEPARTMENT MILITARY

EQUIPMENT USE POLICY
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, the Vallejo Police Department AB 481 Military Equipment Use Policy (the “Policy”) concerning the acquisition, solicitation or use of military equipment was published on the Vallejo Police Department’s website in compliance with the requirements of Government Code section 7071; and
WHEREAS, the Vallejo Police Department held a public forum to gather input from the public concerning the proposed Policy; and
WHEREAS, the Policy is attached and incorporated herein by reference as Exhibit “A”; and

WHEREAS, the Policy meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the military equipment identified in the Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, the Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in the Policy is reasonably cost

effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Vallejo as follows:

SECTION 1:The City Council hereby determines that the Recitals set forth in this ordinance are true and correct and incorporated herein. The Recitals establish the factual bases for the Council’s adoption of this ordinance.

SECTION 2:

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The Policy, attached hereto as Exhibit A, will safeguard the public’s welfare, safety, civil rights, and civil liberties;

3. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); and

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The policy, and the renewal of this ordinance, was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

C. The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.

D. The police department shall submit an annual military equipment report (“Annual Report”) to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (A)(1) through (A)(4) of this ordinance.

E. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

F. The City Council approves the policy attached hereto as Exhibit A and its use and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.

City of Vallejo, a municipal corporation
MAYOR: _______________________________

ROBERT MCCONNELL, MAYOR
ATTEST: _______________________________

DAWN ABRAHAMSON, CITY CLERK

STATE OF CALIFORNIA
COUNTY OF SOLANO SS:

CITY OF VALLEJO
I, Dawn Abrahamson, City Clerk of the City of Vallejo, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the _____ day of _________ 2024, and had its second reading and was adopted and passed during the public meeting of the City Council on the ______ day of __________2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: __________________________
Dawn Abrahamson

City Clerk
Approved as to Form:
________________________
Veronica A.F. Nebb
City Attorney
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 1 Approved as to form:

By: for
Veronica Nebb, City Attorney

EXHIBIT A
AB 481 MILITARY EQUIPMENT USE POLICY

PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071 and Government Code § 7072).

DEFINITIONS
Definitions related to this policy shall have the same meaning as set forth in Government Code § 7070 and include the following:

Governing body – Vallejo City Council
Military equipment – Includes the following:

1.Unmanned, remotely piloted, powered aerial or ground vehicles.

2.Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

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.

4.Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5.Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6.Weaponized aircraft, vessels, or vehicles of any kind.

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.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 2 8.Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9.Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

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.

11.Any firearm or firearm accessory that is designed to launch explosive projectiles.

12.“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13.Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14.The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15.Any other equipment as determined by a governing body or a state agency to require additional oversight.

16.Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

POLICY
It is the policy of the Vallejo Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. All military equipment shall be used for law enforcement purposes only. Further, all military equipment shall only be used as permitted by the Constitutions of the United States and the State of California and California Penal Code § 835a, and consistent with all applicable Vallejo Police Department policies, including but not limited to policies 300 (use of force), 307 (firearms), 312 (search and seizure), 407 (hostage and barricade incidents), 408 (response to bomb calls), 607 (UAS operations), and 705 (1033 program).

Violations of this policy shall be subject to the investigation and disciplinary procedures set forth at Vallejo Police Department Policy 1011.

MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 3 (a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Vallejo Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(1) Publicizing the details of the meeting.
(2) Preparing for public questions regarding the department’s funding, acquisition, and use of equipment
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code §7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Pending establishment of these procedures and in addition thereto, members of the public may register complaints or concerns or submit questions through the Vallejo Police Department’s online portal:
https://vallejopd.hosted.civiclive.com/your_vpd/connect/contact_us (i) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

MILITARY EQUIPMENT INVENTORY
An inventory of all military equipment with a description of each piece of equipment, the quantity, capabilities, expected lifespan, and fiscal impact is posted on the Vallejo Police Department’s website and incorporated herein by reference.

A. Unmanned aircraft system (UAS), remotely piloted aircraft (aerial) EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 4 1. Description and
Capabilities
Parrot Anafi Thermal: UAS can record video with approximately 30 minutes of flight time.

DJI Phantom 4 Pro: UAS can record video with approximately 30 minutes of flight time.

DJI Matrice 210: UAS can record video with approximately 50 minutes of flight time. UAS can carry zoom and FLIR camera simultaneously.

DJI Mini 3 Pro: UAS can record video/photos with approximately 45 minutes of flight time.

DJI Mavic 3: UAS can record video/photos with approximately 40 minutes of flight time.

DJI FPV: UAS can record video/photos with approximately 15 minutes of flight time.

DJI Mavic 3 Pro: UAS can record video/photos with
approximately 40 minutes of flight time.

DJI Mavic 3 Thermal: UAS can record video/photos with
approximately 40 minutes of flight time.

DJI Avata: UAS can record video/photos with approximately 15 minutes of flight time.

2. Manufacturer’s
Description
ANAFI Thermal is a thermal imaging drone is easy to use, lightweight and powerful. The drone's unique imaging
capabilities enable you to take immediate action or analyze recorded photos and videos in unprecedented detail.

DJI Phantom 4 Pro is a sleek new design with magnesium
unibody construction, obstacle avoidance sensor, dynamic range enhancing video modes, and a two-point-of-contact gimbal mount are just some the features DJI have introduced with the Phantom 4 Quadcopter.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 5 The Matrice 210 is designed for commercial tasks such as inspections, fire-fighting, search and rescue, precision agriculture, mapping & surveying and many more applications in locations that are difficult to approach.

The DJI Mini 3 Pro Two-Way Charging Hub supports USB PD fast- charging protocols, and can charge up to three batteries in sequence. You can also use it for battery storage or as a power bank (storing at least one battery with ample power) to charge your mobile device or remote controller via the USB-A port.

DJI Mavic 3 Pro, a triple-lens flagship camera drone with multiple focal lengths.

DJI Mavic 3 features a built-in gimbal lock to prevent the 3-axis gimbal and camera from shaking, adding an additional layer of safety during transportation and storage. Precautions for use: 1.

The normal operating temperature of the gimbal lock is -10° to 40° C (32 to 104° F).

The DJI Mavic 3T is mainly used for power line inspection, oil and gas inspection, pipeline patrol, firefighting rescue, emergency rescue, police affairs, and law enforcement, traffic law enforcement, forest fire prevention, environmental protection, animal protection, etc.

DJI Avata its camera has a 1/1.7''CMOS image sensor, and when working with its gimbal, it is capable of recording 4K 60fps ultra- high-definition videos. Its max hovering time approximates 18 minutes. Click here to learn more about DJI Avata Specs. . Quantity Parrot Anafi Thermal (3)
DJI Phantom 4 Pro (1)
DJI Matrice 210 (1)
DJI Matrice 210 (1)
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 6 DJI Mini 3 Pro: (3)
DJI Mavic 3: (1)
DJI FPV: (1)
DJI Mavic 3 Pro: (1)
DJI Mavic 3 Thermal: (1)
DJI Avata: (1)

4. Expected Lifespan 3 years

5. Purpose Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation
Administration (FAA) regulations.

6. Authorized Use Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal, and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order.

UAS operations should only be conducted consistent with FAA regulations.

7. Fiscal Impact Initial Cost:

Parrot Anafi Thermal: $1,900.00 (no longer in use)
DJI Phantom 4 Pro: $1,599.00 (no longer in use)
DJI Matrice 210: $22,000.00
DJI Mini 3 Pro: $909.00
DJI Mavic 3: $2,769.00
DJI FPV: $940.00
DJI Mavic 3 Pro: $2,549.15
DJI Mavic 3 Thermal: $5,498.00
DJI Avata: $1,250.00
Annual Cost:

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 7 Matrice repairs $674.00
Varies on use/condition of accessories (batteries, propellers, etc.)

8. Policy/Governing
Roles
VPD Policy 607 - Unmanned Aerial System

9. Training All authorized operators and required observers complete required FAA and department-approved training in the
operation, applicable laws, policies, and procedures regarding use of the UAS.

B. Unmanned, remotely piloted, powered ground vehicle (ground)

1. Description/
Capabilities
IRobot Packbot 510: The IRobot Packbot 510 is a heavy-duty robot. It has stair climbing ability and an arm capable of lifting 20lbs. The Packbot 510 offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations.

2. Manufacturer’s
Description
PackBot 510 is a man-transportable robot that performs bomb disposal, surveillance and reconnaissance, CBRN detection and HazMat handling operations. PackBot 510 easily climbs stairs and navigates narrow passages, relaying real-time video, audio and sensor data while the operator stays at a safer, standoff distance.

3. Quantity IRobot Packbot 510 (2)

4. Expected Lifespan 15 years

5. Purpose A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers by providing ground support and situational awareness for law enforcement operations.

6. Authorized Use The robots listed in this section shall not be utilized outside of training and simulations, criminal apprehensions, critical incidents, exigent circumstances, executing a warrant or during suspicious device assessment.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 8 Only assigned operators who have completed the required training shall be permitted to operate the robots.

7. Fiscal Impact Initial Cost:

IRobot Packbot 510: $77,000.00 – On loan from California OES.

Annual Cost: $0

8. Policy/ Governing
Roles
VPD Policy 404 – Emergency Services Unit

9. Training All authorized operators complete required department- approved training in the operation, applicable laws, and procedures regarding use of the robots.

C. Armored vehicles and personnel carriers

1. Description/
Capabilities
LENCO Medcat: The LENCO Medcat is an armored vehicle that seats ten personnel with an open floor plan that allows for the rescue of down subjects. It is armored to stop various projectiles which provides greater safety beyond officer’s personal body armor.

Cadillac Gage Ranger (Peacekeeper): The Cadillac Gage Ranger is a four wheeled armored personnel carrier built on a Dodge truck chassis. This vehicle is used for the protection of officers.

2. Manufacturer’s
Description
The Lenco Bearcat G2 is an armored vehicle capable of handling urban, off-road, andrural missions. It seats 10-12 fully equipped officers in an open floor plan that allows
for rescue of injured citizens and officers. The vehicle can stop various projectiles,which provides greater safety to citizens and officers beyond the protection level of
handheld shields and personal body armor.

The Cadillac Gage Ranger was designed to meet a US Air Force requirement for an airbase security vehicle, and was called Peacekeeper by that service and Ranger by the US Navy and Marine Corps. A 4x4 Chrysler truck was used as the basis; its EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 9 wheelbase was shortened and an armored body proof against

7.62mm ball was mounted to the frame. Armament for the roof hatch can vary; single machine guns or even twin MG turrets can be fitted. Two rear doors allow six passengers to enter, sitting three on each side. Firing ports are provided in the passenger compartment. The vehicle was also purchased by the Navy, and different versions were produced for foreign users including a command vehicle, ambulance, personnel carrier, and weapons carriers.

3. Quantity LENCO Medcat (1)
Cadillac Gage Ranger (2)

4. Expected Lifespan 25 years

5. Purpose Provides armored vehicle response to critical incidents to protect and safely transport VPD personnel to active scenes.

LENCO Medcat is used to provide ballistic protection to officers and citizens during rescue, critical incidents, and other hazardous situations. These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to officers and citizens.

6. Authorized Use To protect and safely transport VPD personnel to active scenes for:
•Mobile physical cover in incidents involving actual or threatened violence or when reasonable suspicion, based on articulable facts, exists that violence will occur using firearms or explosives, or any deadly weapon.
•Vehicle blocking for incidents involving armed and
unresponsive persons in vehicles.
•Medical emergencies and disaster response, when the
armored vehicle's capabilities are necessary to prevent loss of life.

7. Fiscal Impact Initial Cost:

LENCO Medcat: $250,000.00 – On loan from California OES.

Cadillac Gage Ranger: $18,000.00 – Purchased from California OES.

Annual Cost:

LENCO Medcat: $1,000 yearly maintenance cost.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 10 Cadillac Gage Ranger: $2,000 yearly maintenance cost.

8. Policy/Governing
Roles
VPD Policy 704 – Vehicle Use

9. Training All authorized operators are to be properly licensed and complete required department-approved training in the
operation, applicable laws, and procedures regarding the use of armored vehicles.

D. Command, control, and equipment transport vehicles (ESU, SWAT, HNT)

1. Description/Capabilities
Freightliner MT-45 Step Van: The Freightliner MT-45 is a walk-in step van. The MT-45 is used by the Emergency Services Unit to store equipment that would be needed on SWAT callouts.

Freightliner MT-55 Step Van: The Freightliner MT-55 is a walk-in step van. The MT-55 is used by the Emergency Services Unit as a command post during operations.

Four Winds 32R Motor Home: The Four Winds 32R motor home is a Class "A" motor home mounted to a Ford F-53 chassis. This motor home is used by the hostage negotiation team.

2. Manufacturer’s
Description
The 18′ Freightliner MT45 stepvan is powered by the GM 6.0L V8 gas engine, it's got the power and the cargo capacity you need. It comes with folding lower shelves to optimize your space, and rear sonar for safety.

The 22′ Freightliner MT55 P1200 is the biggest stepvan option for your delivery fleet, offering maximum capacity, accessibility and maneuverability. Built with a powerful 6.0L V8 308HP gas engine, this route truck has folding lower shelves to optimize your cargo space and rear sonar for safety.

Four Winds RV Hurricane 32R Motor Home Description. Double Slide, Rear Side Queen Slideout, Wardrobe, TV Above Vanity, EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 11 Angle Shower, Separate Stool Room, Pantry, Refrigerator, 3 Burner Range.

3. Quantity Freightliner MT-45 Step Van (1)
Freightliner MT-55 Step Van (1)
Four Winds 32R Motor Home (1)

4. Expected Lifespan 25 years

5. Purpose The mobile incident command and hostage negotiations team vehicles are an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio-visual devices to assist in command and control of a critical incident and/or negotiations related to hostage/barricade suspect incidents. The vehicle allows for mobile incident command and use of the Incident Command Systems facilitating the best possible on-scene decision-making by key leaders. It provides for mobility, sheltering, and logistical support, restroom facilities and power. The SWAT equipment vehicle is used for storing and transporting equipment needed during operations.

6. Authorized Use To be used at both planned and unplanned events including critical incidents, large demonstrations, or prolonged incidents where an on-scene command post and hostage negotiation
team (HNT) would help with the outcome of the incident. The on-scene incident commander, SWAT, and HNT commanders
determine the need for equipment and appropriate command vehicles.

7. Fiscal Impact Initial Cost:

Freightliner MT-45 Step Van: $75,000.00
Freightliner MT-55 Step Van: $75,000.00
Four Winds 32R Motor Home: $90,000.00
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 12 Annual Cost:
$3,000 yearly maintenance

8. Policy/Governing
Roles
VPD Policy 404 – Emergency Services Unit
VPD Policy 704 – Vehicle Use

9. Training All authorized operators are to be properly licensed and complete required department-approved training in the
operation, applicable laws, and procedures regarding the use of the emergency service operation vehicles.

E. Specialized firearms and ammunition, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code.

1. Description/Capabilities
RIFLES
Colt Arms Enhanced Patrol Rifle: The Colt Arms Enhanced Patrol Rifle provides a greater range over standard firearms. This rifle is configured with a 16-inch barrel.

Colt Arms M4 Commando: The Colt Arms M4 Commando
provides a greater range over standard issues firearms. The Colt Arms M4 Commando is configured with an 11.5-inch barrel.

Daniel Defense DDM4A1: The Daniel Defense DDM4A1 rifle
provides greater range over standard issued firearms. This rifle utilizes a smaller 14.5-inch barrel.

Heckler and Koch G3: The Heckler and Koch G3 is a .308 caliber, select fire rifle, used in SWAT and/or critical incident operations.

The rifle provides greater range over standard issued firearms.

2. Manufacturer’s
Description
The Colt EPR reestablishes the Colt AR-15 as the finest tool for local, regional and national law enforcement agencies. The factory Colt rifle features the Centurion Arms Hand Guard with M-LOK and sling QD attachment points and a B5 Systems stock. The Magpul Pro Front and Rear sights are included.

Colt M4 Commando. This 11.5" short barrel rifle comes with two steel magazines. Rapid response, maneuverability, and
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 13 enhanced firepower play a major part in joint and coalition operations in modern warfare.

The Daniel Defense MK18 features the railed forend Daniel Defense currently provides to USSOCOM, and a 10.3” Cold Hammer Forged Barrel. The MK18 rail system features the patented bolt-up attachment system and has been rigorously tested prior to fielding by USSOCOM.

The HK G3 is a selective-fire automatic weapon that employs a roller-delayed blowback operating system. The two-piece bolt assembly consists of a breech (bolt head) and bolt carrier. The bolt is held in battery by two sliding cylindrical rollers that engage locking recesses in the barrel extension.

3. Quantity Colt Arms Enhanced Patrol Rifle (3)
Colt Arms M4 Commando (11)
Daniel Defense DDM4A1 (19)
Heckler and Koch G3 (1)

4. Expected Lifespan 15 years

5. Purpose Nationwide, violent offenders outgun law enforcement and high-powered weapons continue to be weapon of choice for violent offenders confronting law enforcement and innocent civilians. In 2016, long guns (rifles, etc.) were used in 40% of firearm related line-of-duty deaths. From 1988 to August 2019, more than 85% of mass shootings have occurred in gun-free zones, like schools, churches, and shopping malls where law enforcement may be in the vicinity and waiting for SWAT deployment is not timely. Long guns outperform handguns, as handguns need to be reloaded during confrontations with armed felons in possession of high-velocity rifles. Long guns offer increased accuracy and capacity to stop threats of great bodily injury or death at close and intermediate ranges. These firearms are capable of firing more accurately and quicker than a pistol and decrease the likelihood of errant rounds traveling beyond the intended target.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 14 6. Authorized Use During large critical incidents, active shooter, or incidents where an armed suspect is threatening the public or officers and where there may be a need to defeat body armor. To be used to effectively control a scene with increased distance between officer and subject allowing more time to deploy other force options.

7. Fiscal Impact Initial Cost:

Colt Arms Enhanced Patrol Rifle: $1,399.00
Colt Arms M4 Commando: $1,099.00
Daniel Defense DDM4A1: $2,128.00
Heckler and Koch G3: $3,000.00
Annual Cost:
$300.00 yearly maintenance

8. Policy/Governing
Roles
VPD Policy 300 – Use of Force
VPD Policy 307 – Firearms
VPD Policy 404 – Emergency Services Unit
VPD Policy 416 – Patrol Rifles

9. Training Officers shall successfully complete departmental and/or external training required. For patrol rifles the training consists of an initial 24-hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete required training and qualification conducted by a certified patrol rifle instructor.

F. Projectile launch platforms and their associated munitions: 40mm projectile launchers, Pepperball launchers, foam baton, wood baton, rubber bullets, pepper balls, CS projectiles, warning/signaling rounds, and specialty impact munitions (SIM)

1. Description/Capabilities
40MM LAUNCHERS
Defense Technology 1440: The Def Tech 1440 is a four shot 40mm launcher with a rotating magazine cylinder. The launcher has the ability to engage subjects from five to 70 meters away while delivering the same energy throughout these distances.

Defense Technology LMT: The Def Tech 40mm LMTS is a single shot launcher that fires standard 40mm less lethal ammunition.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 15 PEPPERBALL LAUNCHERS
Pepperball FTC Launcher: Compact and lightweight, the
Pepperball FTC is the industry standard for crowd-control. The FTC features a modular design with a rapid feeding loader and firing rate of 10-12 RPS.

ASSOCIATED MUNITIONS
Defense Technology 40mm CS Multi Projectile: The Def Tech CS Multi Projectile delivers multiple CS Canisters from a 40mm launcher. It is designed for outdoor use and has a maximum effective range of 100 yards.

Defense Technology 40mm Direct Impact Round: The Def Tech Direct Impact munition is a point of aim, point of impact direct fire round that uses blunt trauma when impacting a suspect.

Defense Technology 40mm CS Spede-Heat Round: The Def Tech CS Spede-Heat round is a pyrotechnic round designed for outdoor crowd control situations and delivers one dual-ported chemical canister up to 75 yards away.

Defense Technology 40mm Warning/Signaling Munition: Def Tech 40mm Warning/Signaling munition is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds. The munitions deflagrate at a set distance of 50 meters to deliver 170dB of sound and 5 million candelas of light.

Defense Technology 40mm Marking Round: The Def Tech 40mm Direct Impact munition is a point-of-aim, point-of-impact direct- fire round. Loaded with a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground.

Defense Technology 40mm Exact Impact Blue Sponge Round:

The Def Tech exact impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high- speed projectile consisting of a plastic body and sponge nose EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 16 that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifle barrel. Used for Crowd Control, Patrol, and Tactical Applications.

Defense Technology 40mm Stinger Round: The Def Tech 40mm Stinger round contains approximately eighteen 60-Caliber rubber balls. It is suitable for administering a means of pain compliance over a great distance. Used for crowds or groups that are mildly resistive.

Defense Technology 40mm Direct Impact OC Crushable Foam Round: The Def Tech 40mm Direct Impact® munition is a point- of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.

Defense Technology 40mm CS Muzzle Blast Round: The Def Tech 40 mm Muzzle Blast CS Round is used as a crowd management tool for the immediate and close deployment. The round
deploying chemical-laden CS powder at close ranges for indoor or outdoor operations.

Defense Technology 40mm Wood Baton Round: The Def Tech
40mm wood baton round is used as a crowd management tool.

The round is used as a means of pain compliance over a greater distance.

Defense Technology 40mm Direct Impact Reloadable Training Kit: The Def Tech 40mm reloadable training kit allows officers to practice loading, sighting, and firing reusable 40mm training rounds.

Pepperball OC Round: Pepperball projectile, a hard plastic frangible sphere that is designed to burst upon impact releasing an OC cloud into the air.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 17 Pepperball Inert Practice Round: Pepperball Inert Practice round containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

2. Manufacturer’s
Description
The Defense Technology® #1440 is a Tactical 40mm 4-Shot Launcher that features an expandable ROGERS Super Stoc™ and an adjustable Picatinny mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

The Defense Technology 40MM single launcher is a tactical single-shot launcher thatwill fire standard 40MM less lethal ammunition up to 4.8 inches in cartridge length. Itwill launch a 40MM less lethal round and 40MM "ferret" (penetrate wood, glass,sheetrock) rounds.

The FTC non-lethal launcher operates without recoil, aiding in accurate and controlled deployment, essential in tense
situations. A cross-bolt safety switch and an adjustable front foregrip provide secure handling and additional comfort.

3. Quantity Defense Technology 1440 (2)
Defense Technology LMT (20)
Pepperball FTC Launcher (6)
Defense Technology 40mm CS Multi Projectile (287)
Defense Technology 40mm Direct Impact Round (90)
Defense Technology 40mm CS Spede-Heat Round (24)
Defense Technology 40mm Warning/Signaling Munition (50) Defense Technology 40mm Marking Round (16)
Defense Technology 40mm Exact Impact Blue Sponge Round
(188)
Defense Technology 40mm Stinger Round (59)
Defense Technology 40mm Direct Impact OC Crushable Foam Round (2)
Defense Technology 40mm CS Muzzle Blast Round (15)
Defense Technology 40mm Wood Baton Round (44)
Defense Technology 40mm Direct Impact Reloadable Training Kit (10)
Pepperball OC Round (1800)
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 18 Pepperball Inert Practice Round (2000)

4. Expected Lifespan 40mm Launchers – 15 years
Pepperball FTC Launcher – 20 years
Munitions – 3 to 5 years

5. Purpose The 40mm and Pepperball launcher affords the ability to use less lethal chemical agents, impact munitions, and warning/signaling munitions. This is designed to fire a projectile to temporarily incapacitate a subject. The use allows officers to address a threat from a greater distance and provides a less lethal force option, when appropriate.

Chemical agents are specifically formulated smokes, liquids, and powders designed to temporarily disable a person by causing irritation of the mucous membrane, eyes, and skin. When deployed, they provide a less lethal force option and significantly reduce the risk of injury to citizens, suspects, and police officers.

These agents may be used in criminal apprehensions, critical incidents, and as a dispersal agent during crowd control situations.

6. Authorized Use Only trained members may deploy control devices and chemical agents. Control devices may be used when a decision has been made to control, restrain, or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices.

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or Emergency
Services Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 19 time and determining that such force reasonably appears justified and necessary.

7. Fiscal Impact Initial Cost:

Defense Technology 1440: $2,035.00
Defense Technology LMT: $1,899.00
Pepperball FTC Launcher: $589.00
Annual Cost:
$300.00 yearly maintenance
Initial Cost (per unit):

Defense Technology 40mm CS Multi Projectile: $31.85
Defense Technology 40mm Direct Impact Round: $22.40
Defense Technology 40mm CS Spede-Heat Round: $23.60
Defense Technology 40mm Warning/Signaling Munition: $39.75 Defense Technology 40mm Marking Round: $25.00
Defense Technology 40mm Exact Impact Blue Sponge Round:
$25.00
Defense Technology 40mm Stinger Round: $28.40 (20 donated from Solano County OES)
Defense Technology 40mm Direct Impact OC Crushable Foam Round: $30.50 (donated from Solano County OES)
Defense Technology 40mm CS Muzzle Blast Round: $26.10
(donated from Solano County OES)
Defense Technology 40mm Wood Baton Round: $22.95
Defense Technology 40mm Direct Impact Reloadable Training Kit: $315.00
Pepperball OC Round: $1.75
Pepperball Inert Practice Round: $3.50
Annual Cost:
$0 maintenance

8. Policy/Governing
Roles
VPD Policy 300 – Use of Force
VPD Policy 304 – Control Devices and Techniques
VPD Policy 404 – Emergency Services Unit
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 20 9. Training Officers are required to successfully complete departmental and/or external training in the use and deployment of each control device and chemical agent.

F. Explosive breaching and crowd control/riot dispersal tools, "flashbangs," stinger balls, and CS grenades, CS canisters, OC vapor aerosol, and smoke grenades.

1. Description/Capabilities
CTS FlashbangThe CTS Flashbang is a less-lethal explosive device used to temporarily disorient a suspect’s senses.

Defense Technology Triple-Chaser CS Canister: The Def Tech Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When
deployed, the canisters separate and land 20 feet apart allowing increased area coverage in a short time.

Defense Technology Safe Smoke Blue: The Def Tech pocket tactical blue smoke grenade is a small, lightweight device that burns for 20-40 seconds.

Defense Technology Stinger 60.cal: The Def Tech Stinger 60.cal is a rubber ball grenade which is a maximum effect device that delivers four effects at once, rubber pellets, light, sound, and CS.

This device is used for crowd control.

Defense Technology Pocket Tactical CS: The Def Tech Pocket Tactical CS is a small lightweight grenade with an active agent burn of 20-40 seconds.

Defense Technology Riot Control CS: The Def Tech Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.

Defense Technology Flameless CS Tri-Chamber: The Def Tech Flameless Tri-Chamber grenade is designed primarily for indoor EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 21 tactical situations to detect and/or dislodge a barricaded subject.

The grenade has 20-25 seconds burn time.

Defense Technology OC Vapor Aerosol Grenade: The Def Tech OC Vapor Aerosol Grenade delivers a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas.

2. Manufacturer’s
Description
The CTS 7290 is the standard for diversionary flash-bang devices.

The 7290 produces a 165-180db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

The Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When
deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time.

This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. and holds and
approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

The Pocket Tactical Blue Smoke Grenade is a small, lightweight device. Though it is slightly over four inches in length, it produces a blue smoke cloud so fast it appears to be an enveloping screen produced by a full sized tactical colored smoke grenade. It will burn approximately 20-40 seconds.

The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: ruber pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool by Law
nforcement and Corrections. The Stinger Grenade has an initial

1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 22 sufficient to project the rubber balls and chemical agent in a 50 foot radius.

The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 second. At 4.75 inches in size, it easily fits in moist tactical pouches. This is a launchable greande; however it is normally used as a signaling or covering device. Though this device is slightly over four inched in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full sized tactical grenade.

The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive.

This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and /or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and
Corrections, but was designed with barricade situation in mind.

Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri- Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or
incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of
delivering a pyrotechnic chemical device indoors, maximizing the chemical’s effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 23 3. Quantity Defense Technology Flashbang (20)
Defense Technology Triple-Chaser CS Canister (30)
Defense Technology Safe Smoke Blue (40)
Defense Technology Stinger 60.cal (79)
Defense Technology Pocket Tactical CS (22)
Defense Technology Riot Control CS (20)
Defense Technology Flameless CS Tri-Chamber (92)
Defense Technology OC Vapor Aerosol Grenade (12)

4. Expected Lifespan 5 years

5. Purpose/Governing
Roles
Flashbangs are an explosive device that produces a blinding flash of light and a sudden, loud noise intended to temporarily stun, distract, and disperse people and used to safely resolve critical situations during high-risk tactical operations.

Chemical agents are specifically formulated smokes, liquids, and powders designed to temporarily disable a person by causing irritation of the mucous membrane, eyes, and skin. When deployed, they provide a less lethal force option and significantly reduce the risk of injury to citizens, suspects, and police officers.

These agents may be used in criminal apprehensions, critical incidents, and as a dispersal agent during crowd control situations.

6. Authorized Use To safely resolve critical situations during high-risk tactical operations. Only trained members may carry and deploy such weapons.

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or Emergency
Services Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.

7. Fiscal Impact Initial Cost (per unit):

Defense Technology Flashbang: $52.50
Defense Technology Triple-Chaser CS Canister: $47.00
EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 24 Defense Technology Safe Smoke Blue: $33.15
Defense Technology Stinger 60.cal: $46.40
Defense Technology Pocket Tactical CS: $25.20
Defense Technology Riot Control CS: $26.50
Defense Technology Flameless CS Tri-Chamber: $37.50
Defense Technology OC Vapor Aerosol Grenade: $27.50
Annual Cost:
$0 maintenance

8. Policy VPD Policy 300 – Use of Force
VPD Policy 304 – Control Devices and Techniques
VPD Policy 404 – Emergency Services Unit

9. Training Officers are required to successfully complete departmental and/or external training in the use and deployment of each control device and chemical agent.

TRAINING
All officers are required to complete a POST-certified basic training academy and field training prior to utilizing any military equipment, as well as four hours of arrest and control training every two years. Additional training applicable to specific equipment may be offered or required by Vallejo Police Department Policy.

APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(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.

EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 25 (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.

COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any department member or other law enforcement agency engaged in a collaborative effort with the department within this jurisdiction unless the military equipment is approved for use in accordance with this policy. Outside agencies providing mutual aid in Vallejo or otherwise independently engaged in law enforcement operations within Vallejo, shall comply with their respective departmental policies.

USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.

In accordance with this section, if the department acquires, borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. (a) Provide written notice of the acquisition or use to the City Council within 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90 days following the borrowing, acquisition and / or use, and receive approval for continued use.
(c) Include the equipment in the department's next annual military equipment report.

ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military EXHIBIT A to

ORDINANCE APPROVING THE VPD MILITARY EQUIPMENT USE POLICY 26 equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

ACTION ITEM 9.A.

DATE: October 22, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE MEASURE P OVERSIGHT

COMMITTEE

RECOMMENDATION
Adopt a resolution making appointments for Districts 1, 3 and 6 and one at-large appointment to the Measure P Oversight Committee

REASONS FOR RECOMMENDATION
In July 2022, the City Council adopted an ordinance that was submitted to the voters on November 8, 2022 for a Transactions and Use Tax known as Measure P. The Transactions and Use Tax was passed by a majority of the voters of the City at that general municipal election and became effective 10 days after the City Council certified the election results, which occurred on January 3, 2023. Section 3.30.170 of the ordinance created a Citizens' Oversight Committee. The Committee shall consist of 7 members and membership shall consist of one resident of Vallejo and of the appointing Councilmember's District. The member appointed by the Mayor may reside anywhere within the City.

Currently, there are 4 vacancies due to terms expiring October 10, 2024. Interviews were conducted at a noticed Special City Council meeting on October 7, 2024. The majority of the applicants attended and participated in the interviews. According to the City Council's procedure for selecting and appointing commission and committee members, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which was October 8, 2024. Appointments were delayed until the October 22 meeting.

BACKGROUND AND DISCUSSION
On September 4, 2024, the City Clerk issued a press release announcing the opening of the application period for the Measure P Citizens' Oversight Committee, due to terms expiring on October 10, 2024. The notice was posted on the City's various social media platforms. A sufficient number of applications were received by the application deadline (October 4, 2024) in order for the Council to proceed forward with conducting interviews.

Applicant interviews were conducted in accordance with VMC 2.27.040(h) at a special meeting held on October 7. The special meeting was noticed and published at least 72 hours in advance of the date. The majority of the applicants attended and participated in the interview process and are presented to the City Council for its consideration.

Copies of applications received have been provided to the Mayor and Council and are available for review in the Office of the City Clerk.

Measure P Citizens' Oversight Committee
Section 3.30.170 of the Vallejo Municipal Code provides for a Measure P Citizens' Oversight Committee. The purpose of the Committee is to independently review and advise upon the CIty's expenditure of proceeds generated by the transactions and use tax commonly known as Measure P. The Committee shall annually

Date: October 22, 2024
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE MEASURE P OVERSIGHT

COMMITTEE