Agenda packet — Vallejo City Council, December 10, 2024 (part 2 of 6)

"Passenger station." Facilities for passenger transportation operations. This classification includes rail, bus and ferry stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafes. "Patio." A leveled, surfaced area usually adjacent to a principal building that may be covered with a solid or open roof structure, which may be attached to the building or another structure. Patio does not include any area used for vehicle parking, storage rooms, or as a habitable room. "Pawnshop." An establishment engaged in the buying, selling, trading, accepting for consignment, accepting for auctioning, or auctioning of new or secondhand merchandise and offering loans in exchange for or secured by personal property.
"Pedestrian friendly." An area where the design and use of buildings and streets is regulated to attract and accommodate pedestrians by incorporating features such as a variety of ground floor uses providing retail goods and services visible to pedestrians through transparent windows and doors, landscaping along sidewalks, buffers separating pedestrians from vehicle traffic, street furniture, narrow vehicle thoroughfares with pedestrian crossings that slow motorists, and an absence or limited number of driv eways crossing the sidewalk. The term pedestrian-oriented is also used to describe areas with such features. "Pedestrian way." A right-of-way designed for use by pedestrians and bicyclists that is not designed for or used by automotive vehicles and is not located within a street right -of-way. "Personal services" and "general personal services." Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, day/health spas (massage service as accessory), nail salons, tanning salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, photography studios, and travel agencies mainly intended for t he consumer. This also includes tattoo or body modification parlors.
"Personal services, massage service." Any premises, place of business or membership club where the primary use is providing or giving for a fee or other form of consideration a massage, bath, manipulation of the body, electric or magnetic treatment, alcohol rub or other similar massage service or procedure. A use where accessory massage occurs i.e., chair massage services in a supermarket, massage services in the courtyard of an outdoor or indoor shopping center) shall not be classified as a massage establi shment. "Personal services, massage therapy." Massage operations in conjunction with and on the same premises and when accessory to a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist who are duly state-licensed to practice their respective professions in the State of California, trainers of athletes, and state - licensed barbers, beauticians, manicurists, cosmetologists, and estheticians while engaging in practices as part their license.
"Personal services, physical training." Gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of more than five persons. "Personal wireless services." As defined in 47 USC Section 332(c) (7) (C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
"Personal wireless service facilities." As defined in 47 USC Section 332(c) (7)(C)(ii), as may be amended, which defines the term as facilities that provide personal wireless services. "Persons with disabilities." Persons who have a medical, physical, or mental condition, disorder or disability as defined in the California Government Code or the Americans With Disabilities Act, that limits one or more major life activities.

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"Pet clinic/hospital." Establishments where small animals receive medical and surgical treatment. This classification only includes facilities that are enclosed, soundproofed, and air -conditioned. Grooming and temporary boarding of domestic animals is included if incidental to the hospital use. "Pet day care service." A commercial, non-profit, or governmental facility for keeping four or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than twenty-four hours.
"Planting strip." The area between the curb, or in the case where there is no curb the edge of the roadway, and the abutting property line, that is not improved by surfacing intended for the use of pedestrians, is designed to separate the sidewalk from the roadway or to prevent access to abutting properties and is intended to be planted with trees or otherwise landscaped.
"Playground." An improved outdoor area publicly or privately owned, designed, equipped and set aside for children's play that is not intended for use as an athletic playing field or athletic court. This definition includes a restaurant operating a playground open to the public.
"Porch." A roofed open area that provides access to a doorway and typically extends from the exterior wall of the structure and requires ground supports.
"Pre-existing." In existence before the effective date of the ordinance updating this Zoning Code and any subsequent amendments thereto.
"Predominant, predominantly." A feature or element that is primary, prevalent, more important or noticeable than any other; typically, but not necessarily, the largest or biggest. "Premises." An area of land with its structures that, because of its unity of use, is regarded as the smallest conveyable unit.
"Primary unit." The larger of two dwelling units on a property with an accessory dwelling unit (ADU). "Primary use." A primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent of the gross floor area of the tenant space or building. "Principal residence." The dwelling unit in which a person lives the majority of the time or which is considered his/her primary residence as determined by factors that may include but are not limited to the address used on voting registration, driver's license, income tax forms, and passport. "Private facilities." Facilities operated by an organization and open only to bona fide members of such organization.
"Produce store." A retail food store where a majority of the floor area is used for selling fresh fruits and vegetables, fresh and frozen meats, fish, and poultry as well as other items intended for home preparation and consumption.
"Project." Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure or use, that is subject to the provisions of this Zoning Code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act. "Public facility." A facility operated by a public or quasi-public agency or organization that are open to the general public. An admission fee may be required, and hours of operation limited. "Public hearing." A meeting noticed as required by the Zoning Code in which testimony and arguments are presented publicly before any of the hearing bodies established by this code including commissions, boards, city council, or staff approval authority.
"Public market." Indoor and or outdoor retail year round use with multiple food vendors that are owner - operated shops, stalls, and/or day-tables. The market may include a food hall with independent purveyors with common seating area. The public market may sell in season, fresh and farm products, artisan, crafts, limited

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production products. The public market may be owned and operated by public or non- profit entities. May include a farmer's market and chain stores and franchises, which are an accessory to independent purveyors. "Public right-of-way." A street, including adjacent sidewalks, providing the principal means of access to abutting property and dedicated to, or maintained by, the city; or a street providing the principal means of access to abutting property and with right-of-way or easement, and paved and otherwise improved to meet city standards or planned to be improved to city standards.
"Public safety facility." A facility for public safety and emergency services, including police and fire protection, with incidental storage, training and maintenance facilities. This use includes facilities used by the National Guard or the Military Reserve.
"Public services." Includes, but is not limited to, water, sewer, gas, cable television, communications and electric power distribution lines.
"Quick-service restaurant (QSR)." An establishment serving food and beverages prepared on- site where customers may order full meals from a walk-up counter or drive-through facility for either on- or off-site consumption. Generally referred to as fast-food restaurant. "Real estate office within a subdivision." A temporary real estate office and other permitted uses for the first sale of dwellings and lots within a recorded subdivision. "Rear lot line." The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
"Rear yard." A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified for the zoning district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
"Reasonable accommodation." Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law. "Reclassification of land." An amendment to the zoning map, which amendment changes the classification of any property from one zoning district to another zoning district provided for in the Zoning Code. "Recreation facilities." Indoor or outdoor establishments or places where participants can engage in sports, have contact with the natural or historical environment, obtain visual relief from developed areas, or partake of or other activities for exercise and/or enjoyment. Spectators are incidental on a recurring basis. "Recreational vehicles." A vehicle which is built on a single chassis or capable of being placed in or on a vehicle; designed to be self-propelled or towable by a light duty truck; and designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use. The basic entities are travel trailer, camping trailer, truck or van camper, tent trailer and motor home, or trailer-borne recreation equipment with or without motive power, for recreational, travel or emergency purposes as defined in Sections 18009 and 18010 of the California Health and Safety Code.
"Recreational vehicle sales." An establishment that sells, rents and/ or leases motor homes, trailers, and boats, including incidental storage, installation of accessories and maintenance. This includes facilities that repair or service recreational vehicles.
"Recreational vehicle storage." On-site parking of recreational vehicle(s) on a parking space approved for a recreational vehicle and that is separate from the required off-street parking provided.

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"Recreational vehicle storage, private." Recreational vehicle storage that is owned and operated by an individual homeowner or homeowners' association and used exclusively by the homeowner or members of that association.
"Recreational vehicle storage, public." Recreational vehicle storage that is provided for use by the general public.
"Recyclable material." Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, re-manufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recycling facilities." A collection facility for recycling materials including glass, metal, paper products and other materials as may be determined by the director. This use includes donation collection facilities, mobile recycling units, reverse vending machines and small and large collection facilities. "Recycling facility, large." A recycling facility over seven hundred square feet for the drop -off or deposit of recyclable materials. These uses may be indoor or outdoor and may include mobile recycling units, storage bins, and required enclosures and reverse vending machines collectively over seven hundred square feet. "Recycling facility, small." A recycling facility of seven hundred square feet or less for the deposit or drop -off of CRV recyclable materials. These uses may be indoor or outdoor and include mobile recycling units, storage bins, and required enclosures and reverse vending machines.
"Review authority." The decision-making body or official responsible for approving, approving with conditions, or denying an application, including decisions on appeals. For example, the planning commission is the review authority over an application for a major use permit, the planning and development services director is the review authority over an application for a minor use permit. "Religious institution." A facility used primarily for religious assembly or worship and related religious activities and having a conditional use permit if required by the review authority. "Remodel." See "Alteration, major and minor".
"Research" and "development." A facility for scientific research and the design development, and testing of and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, technology components and products, and other similar uses in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities. It may also include offices as a secondary use. Typical uses include electronics research laboratories, space research and development firms, and pharmaceutical research labs but excludes medical testing, analysis, and product testing.
"Residential care facility." A type of care facility that is State-licensed and provides permanent living accommodations and twenty-four-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit or not-for-profit institutions including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities. "Residential care, general." State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.
"Residential care, limited." State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for six or fewer adults, children,

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or adults and children as-in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by State law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance. "Residential care, senior." As defined by California Health and Safety Code Section 1569.2, as it may be amended, as a housing arrangement chosen voluntarily by persons sixty years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
"Residential land use districts." Any property within the city which is designated "Primarily Single -Family", "Mix of Housing Types/Medium Density" and "Primarily Multi-Family" on the general plan land use map. "Residential use in property zoned planned development (PD)." A planned development which contains residential units an any property within the PD zoning district as set forth on the zoning map, as it may be amended from time to time. For purposes of applying distance locational limitations in this code, only the portion of the area zoned PD actually containing residential units shall be considered the residential land use designation. "Restaurant with drive-through." Establishment where food or coffee-type beverages are purchased by motorists who remain in their vehicles during the sales transaction including drive -up service. "Restaurant, full service." Restaurant providing food and beverage services to patrons who order and are served while seated and pay after eating. Take-out service may also be provided. Full-service restaurant includes eating places authorized to sell beer, wine, and distilled spirits for consumption on-site under Type 47 Department of Alcoholic Beverage Control license and eating places that are authorized to sell beer and wine under a Type 41 License.
"Restaurant, limited service." Establishment where food and beverages are consumed on the premises, taken out, or delivered, and where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, quick service restaurants/fast-food establishments, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables f or on-site consumption of products. "Retail sales." The purchase of finished goods and services by consumers and businesses. "Reversed corner lot." A corner lot, the rear of which abuts a key lot. "Reversed frontage lot." A double-frontage lot for which the boundary along one of the streets is established as the front lot line and the boundary along the other street is established as the rear lot line. "Ridesharing." Any mode of transportation other than a single occupancy vehicle that transports one or more persons to a worksite.
"Rooming house" and/or "boardinghouse." A building or portion thereof, other than a hotel or motel, providing room and/or board for compensation with or without meals. "Salvage" and "wrecking." Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property. "School." Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education and has an approved conditional use permit, if required, under the applicable jurisdiction.

This definition includes nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, or special institutions of learning under the jurisdiction of the state department of education. The definition of school does not include a vocational institution. "Screening." A wall, fence, hedge, informal planting, or berm provided for the purpose of buffering a building or activity from neighboring areas, different land uses, visual impacts, or from the street.

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"Section 6409." Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112- 96, 126 Stat. 156, codified as 47 USC Section 1455(a), as may be amended. "Security grate." A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings. "Senior citizen housing development." A residential development with at least thirty- five dwelling units, meeting the definition of a senior citizen housing development set forth in California Civil Code Section 51.3. "Senior citizen." As defined in California Civil Code Section 51.3, a person sixty -two years of age or older, or fifty-five years of age or older who may occupy a senior citizen housing development. "Senior housing." Residential development designed for senior citizen households. Any age restrictions must be consistent with federal and state requirements.
"Sensitive land use." A residence, public or private school, public library, public or private park, public or private playground, or religious institution, where minors would likely be present. "Service stations." An establishment engaged in the retail sale of vehicle and equipment fuel, lubricants, parts and accessories. These uses include service stations with convenience stores, self- service auto washes and facilities having service bays for vehicle service and repair. The service and repair may include incidental maintenance and repair of automobiles and light trucks but shall not include maintenance and repair of large trucks, or body and fender work or automobile painting on any vehicles. Li ght auto/vehicle/equipment repair is allowed here but not heavy as described above.
"Service stations, full service." A service station that has one or more service bays. "Service stations, minimum service." A service station that has no service bays. "Setback." The minimum or maximum distance that is required between a building or building feature and a property line, right-of-way, shoreline or other place or line the Zoning Code or other ordinances establishes to govern the placement of structures.
"Shared parking." An arrangement in which multiple uses with different peak parking demand periods use the same off-street parking spaces.
"Shopkeeper unit." A dwelling unit located above and with an internal connection to a ground floor commercial space that is operated by the resident of the dwelling unit and meets applicable occupancy separation requirements of the California Building Code. This use type is distinguished from a live-work unit. "Side lot line." Any lot line that is not a front or rear lot line. "Sign copy." The visually communicative elements mounted on a sign. Also called copy. "Sign." A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals , paintings and other works of art that are not intended to advertise or identify any business or product. "Significant tree." Any tree or stand of trees on private property having either a height of twenty- five feet measured above ground level, or a diameter of ten or more inches. "Signs, abandoned." A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.
"Signs, awning." A sign copy or logo attached to or painted to the outside surface of an awning.

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"Signs, cabinet." A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated. Also called a can or panel sign. "Signs, construction." A temporary sign announcing/describing a construction project, architect, builder/developer, engineer, etc. in words and/or drawings. "Signs, directional." An exterior on-site sign that directs or guides pedestrian and/or vehicular traffic and which does not include general advertising for hire but may direct persons to specific locations of public facilities or parts of an establishment that have separate exterior entrances. Examples include accessible parking, one -way, exit, entrance, rest rooms, emergency room, garage, underground utilities, and such similar functions. Also called directional signage.
"Signs, flag." A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol, which is capable of movement, or fluttering in moving air or wind. "Signs, freestanding." A sign supported by structures or supports that are placed on, or anchored in, the ground and which are structurally independent from any building including "monument signs," "pole signs," "pylon signs," and "ground signs."
"Signs, freeway oriented." A sign that orients primarily to the traveling public using a freeway or expressway and installed for the purpose of identifying major business locations within certain commercial zoning districts in close proximity to a freeway or expressway.
"Signs, illuminated (indirect/internal illumination)." A sign that is illuminated with an artificial source of light.

An indirectly illuminated sign is a sign whose light source is external to the sign and which casts its light onto the sign from some distance. An internally illuminated sign is a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
"Signs, monument." A low-profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same width as the sign and which is designed to incorporate the architectural theme and building material of the building on the premises. Internal supports, open braces, poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view. "Signs, off-site." A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises. The on-site/off-site distinction does not apply to non-commercial messages. This includes billboards. Contrast: on-site sign.
"Signs, on-site." A sign identifying a use, facility, service, or product which is located, sold, or manufactured on the same premises as the sign. The on-site/off-site distinction does not apply to non-commercial messages.

Contrast: off-site sign.
"Signs, permanent." A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
"Signs, pole (pylon sign)." An elevated freestanding sign that is supported by one or more exposed poles or columns that are permanently attached directly into or upon the ground. "Signs, portable." A freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the property it occupies.
"Signs, projecting." A building wall sign, the surface of which is not parallel to the face of the supporting wall and which is supported wholly by the wall.

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"Signs, real estate for sale" or "lease." A temporary sign that advertises the sale, lease or rental of the property but not including temporary subdivision signs or signs on establishments offering transient occupancy such as hotels, motels, and inns.
"Signs, roof." A sign constructed upon or over a roof or placed so as to extend above the edge of the roof. "Signs, temporary." A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property. Temporary signs do not include portable signs. "Signs, tenant." A sign that identifies a tenant, occupant, or establishment whether residential or commercial on the site. A multi-tenant sign displays the names of each tenant, occupant, or establishment whether residential or commercial on the site.
"Signs, wall (wall-mounted sign)." A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. "Signs, window." A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within five feet of the window. "Single occupancy vehicle." A privately-operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.
"Single room occupancy." A facility providing dwelling units where each unit meets the requirements of California Health and Safety Code Section 17958.1 as an efficiency unit or guest room. The unit may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer. "Single-unit dwelling, attached." A dwelling unit that is designed for occupancy by one household located on a single lot that does not contain any other unit (except an accessory dwelling unit, where permitted) and is attached through common vertical walls to one or more dwellings on an abutting lot; sometimes called a "townhouse" or "zero-lot line" development.
"Single-unit dwelling, detached." A dwelling unit that is designed for occupancy by one household, located on a single lot that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting lot. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code. "Single-unit residential." A building containing one dwelling unit located on a single lot. These include mobile homes and manufactured housing installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
"Site." A continuous area of land used comprised of one or more lots intended for a use or group of uses. "Site, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Skilled nursing facility." A facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. It provides twenty-four-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities. "Small lot development." A residential project with a detached single -unit structure or structures, or attached townhouse units with separate walls that abut or are separated by a smaller amount of space on lots that are smaller than conventional single-unit development.

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"Small wireless facilities (small cell wireless facilities)." As defined by the FCC in its "Declaratory Ruling and Third Report and Order" adopted September 26, 2018, encompasses facilities that meet the following conditions:

Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section

1.1320(d); or Are mounted on structures no more than ten percent taller than other adjacent structures; or Do not extend above existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume; All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty- eight cubic feet in volume; The facilities do not require antenna structure registration under 47 CFR Part 17; The facilities are not located on tribal lands, as defined under 36 CFR Section 800.16(x); and The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR Section

1.1307(b).
"Smoke shop" or "tobacco retailer." Any establishment that devotes twenty percent or more of the display area to the sale or exchange of tobacco products and/or tobacco paraphernalia. (See Definition .) This does not include retail sales of cannabis for recreational or medical purposes, which are separately regulated. "Social services center." Facility providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-twenty-four-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (See adult day care and early education facility), clinics (see clinic), and emergency shelters providing twenty-four-hour or overnight care (see emergency shelter).
"Specified anatomical areas." Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct even if completely and opaquely covered: Human genitals, pubic region; buttock; or female breast below a point immediately above the top of the areola; or human or simulated male genitals in a discernible turgid state even if completely and opaquely covered.
"Specified sexual activities." Human genitals in a state of sexual stimulation or arousal; and/or acts of human masturbation, sexual stimulation or arousal; and/or use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or human excretion, urination, menstruation, vaginal or anal irrigation; and/or fondling or erotic touching of human genitals, pubic region, buttock, or female breast. "Stable." A building for the lodging and care of horses, ponies, and similar animals. "Stable, commercial." A stable for horses to be let, hired, kept, bred, trained, or used for compensation. "Stable, private." A stable owned and operated by the owner or an occupant of the property for his or her own use.
"Stoop." A staircase, typically smaller than a deck, porch or patio that provides access to a building entry. "Storage, outdoor." Storage of vehicles or commercial goods or materials that are not contained within a building. Typical uses include monument or stone yards, grain elevators or open storage yards. "Story." That portion of a building between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
"Street." A public or private thoroughfare providing a primary means of access to property. "Street frontage." The length of the property line of any one premises parallel to and along the public right - of-way that it borders, and which is identified by an officially assigned street address. "Street side lot line." Any side lot line that abuts a public street.

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"Street side yard." A yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified for the zoning district in which it is located and measured inward from the street side lot line.
"Street tree." Any tree of any species or size planted in parkways, sidewalk areas, easements, and rights -of- way granted to the city.
"Street wall." All contiguous walls of a building whose overall limits comprise the building facade. "Structural alterations." Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape. See "Alterations, major and minor". "Structure height." The vertical distance between a point or all points on top of a structure or any of its appurtenances and the ground below.
"Structure, accessory." A detached subordinate structure used only as incidental to the main structure on the same lot. "Accessory structure" shall not mean an Accessory Dwelling Unit (ADU), as defined in this Zoning Code. "Structure, detached." A structure, no part of which is attached by any means to any other structure. "Structure, existing." A structure erected prior to the effective date of the Zoning Code, or one for which a valid legal building permit has been issued prior to this effective date of the Zoning Code. "Structure, non-conforming." See "Non-conforming Structure". "Structure, primary (structure, main)." A structure housing the principal use of a site or functioning as the principal use.
"Structure, temporary." A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Structure." A physical structure that is manufactured, built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. "Subdivider." Any person who 1) having an interest in land causes it, directly or indirectly, to be divided into a subdivision, or 2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision, or 3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unity, or plat in a subdivision; and who is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. "Substantial change, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). This definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location. The collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or For towers in the public rights - of-way and for all base stations, a substantial change occurs when: The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or The proposed collocati on or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site. The proposed collocation or modification involves excavation outside the area in proximity to the structure or other

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transmission equipment already deployed on the ground. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground- mounted equipment cabinets; or The proposed collocation or modification involves the installation of any new ground -mounted equipment cabinets that are ten percent larger in height or volume than any existing ground- mounted equipment cabinets; or The proposed collocation or modification violates a prior conditi on of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this subse ction. "Supportive housing." Housing with no limit on length of stay that is occupied by the target population and is linked to an on-site or off-site service that assists supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live independently. "Swap meet." The display, exchange, barter or sale of new or used common household items or office equipment and furnishings, clothing, personal effects, household furnishings and household appliances at an approved location. These include both indoor and outdoor swap meets, conducted on either a permanent or recurring basis. Also known as a flea market.
"Target population." Persons with low incomes who have one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homel ess people. "Tasting room, accessory." A space for on-site tasting of alcoholic beverages and retail sales that is licensed by the California Department of Alcoholic Beverage Control and operated within a winery, micro -brewery/micro- distillery, grocery store, large format liquor store or wine shop but not within a liquor store or a convenience store or mini-market associated with fuel sales.
"Tasting room/wine bar, stand-alone." An establishment or place within a winery or brewery or other premises or a separate establishment licensed by the state department of alcoholic beverage control where wine, beer, and other alcoholic beverages produced, grown, or processed on the same site or off- site are offered for sale or without charge to members of the public. Food may also be served. Tasting rooms may be established and operated by a single winery or brewery or collectively by a group of producers . "Telecommuting." Any employee(s) working at home, off-site, or at a telecommuting center for a full workday, eliminating the trip to work or reducing travel distance by more than fifty percent. "Temporary real estate sales office." A temporary real estate sales office within the area of an approved development project, solely for the first sale of units, approved as part of the overall project. "Temporary use." A use of a building or property that is limited in duration and does not permanently alter the character or physical facilities of the premises or property. "Through lot." A lot having frontage on two parallel or approximately parallel streets. “Tobacco-Cigar Bar or Lounge” means an establishment that is open to the public and is designated for the consumption or use of tobacco products purchased on the premises or elsewhere.

"Tobacco Retail Store”- means any business establishment utilized for the sale of any tobacco product.

Tobacco Retail-Major: Over 20% of retail area is dedicated to tobacco products.

Tobacco Retail-Minor: 20% or less of retail area is dedicated to tobacco products. "Tobacco related products."

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1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbded, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to , cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff or snus;

2. Any electronic device that delivers nicotine or any other substances to the person inhaling from the device, that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, including bt not limited to a vaporizer/vape, electronic cigarette, electroinc cigar, electronic pipe, or electronic hookah;

3. Any component, part, or accessory of (1) (2), whether or not any of these contain tobacco or nicotine, including but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces and pipes. “Tobacco Product” does not include drugs, devices,or products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act or cannabis products.

1. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifica lly approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Any implement or object that is or may be used in conjunction with the consumption, inhalation or ingestion of either tobacco or other like dried plant material or other substance which may be consumed in the same manner, including instruments or paraphernalia for the smoking or ingestion of tobacco or other like plant, herbal or fruit products.
"Tower." As defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees, and lattice towers.
"Townhouse." An attached, privately owned single-unit dwelling that is adjacent to another similarly owned single-unit dwelling unit/s with which it shares a common party wall having no doors, windows, or other provisions for human passage or visibility. Also called a row house. "Trail systems." This includes district/citywide pathways using public easements, rights -of-way, and natural features such as watercourses and ridgelines, providing a non-vehicular circulation system throughout the city and district to connect major facilities and points of activity and interest. Such a trail system increases the effectiveness of recreational opportunities by providing the linkage between separate facilities to create a continuous recreational network. Such a system itself also provides recreation opportunities, such as walking, jogging, bicycling, nature study, photography, and the like.
"Transit." A shared passenger transportation service, which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit or mass transit.
"Transitional housing." Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. It may be designated for homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section

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50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. This classification includes domestic violence shelters.
"Transmission equipment." As defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety serv ices, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. "Transportation allowance." A financial incentive offered to employees instead of a parking subsidy to provide employees flexibility in mode choice. Employees are typically required to execute an agreement that they do not commute in a single-occupant vehicle in order to be eligible to receive the benefit "Transportation alternatives." Walking, bicycling, taking transit, carpooling, vanpooling, and telecommuting. "Transportation demand management (TDM)." A system designed and implemented to reduce traffic congestion, demand for parking and associated air pollution noise, fuel consumption. "Transportation management organization (TMO)." Transportation management organizations (TMOs) are city-certified organizations that provide transportation services in a particular area or citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services. "Undevelopable land." All portions of the site that, if developed, would subject persons or property to a high level of risk for personal injury or property damage due to its proximity to a known hazard, including, but not limited to, any portion of the site within fifty feet of a cliff, or fault line, biologically sensitive areas, sites with overall slopes greater than thirty percent, sites within an unrepaired slide area or in a ravine. Areas of undevelopable land are included from calculations of net site area, allowable floor area, allowable residential units, minimum lot size, and density.
"Unenclosed." Open on at least one side.
"Urban farm." An agricultural use in an urban area, in a zoning district where urban land uses predominate.

Urban farms may be of any size, though permit requirements will differ. Community gardens, community- supported agriculture farms, and private farms are all considered urban farms. "Urban villages." An area in a mixed-use corridor that is served by public transit and provides a combination of retail shops and services as well as spaces and facilities for civic uses catering to the daily needs of residents who live in mixed-use buildings in the village and in the surrounding residential neighborhoods. Urban villages are intended to accommodate pedestrians and cyclists.
"Use." The purpose for which land, premises or structure thereon is designed, arranged, or intended, or for which it is or may be occupied or used.
"Use classification." A system of classifying uses into a limited number of use types based on common functional, product, or compatibility characteristics (e.g., residential, retail, commercial and office; institutional and community facilities, industrial, and transportation, communication, and utilities). "Use permit." A discretionary permit, such as minor use permit, or major use permit, that provides for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, that are not permitted by right but may be approved upon completion of a review process and, where necessary, the imposition of conditions of approval. "Use type." A category that classifies similar uses based on common functional, product, or compatibility characteristics.

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"Use, non-conforming." See "Non-conforming Use".
"Utility pole." A pole or tower owned by any utility company that is primarily used to support wires or cables necessary for the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Utility, major." Generating plants, electrical substations, aboveground electrical transmission lines, refuse collection or disposal facilities, dredge disposal sites, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. "Utility, minor." A utility facility that is necessary to support a legally established use and involves only minor structures (e.g., electrical distribution lines).
"Vanpool." A van or similar motor vehicle in which seven to fifteen persons commute to and from the worksite for the majority (at least twenty-one percent) of the commute trip. "Variance." A discretionary permit allowing a departure from specific provisions of a zoning ordinance such as setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure, thus relieving a property owner from strict adherence to development standards when some special circumstances exist which deprive the property owner from developing the property in a manner enjoyed by similar properties. "Vehicle." Any passenger car or truck, including Zero Emission Vehicles (ZEVs), used for commute purposes including any motorized two-wheeled vehicle. Vehicles shall not include bicycles, transit services, buses serving multiple worksites, or vehicles that stop only to load or unload passengers or materials at a worksite while on route to other worksites.
"Vehicle miles traveled (VMT)." A method used in transportation planning to measure the amount of travel for all vehicles in a geographic region over a given period of time, typically a one -year period. VMT is calculated as the sum of the number of miles traveled by each vehicle. "Viewing room, adult use." The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital videodisc, or other video reproduction. "Visibility triangle." A triangular area at the intersection of any two public streets or a driveway, alley, or path with a public street within which height limitation apply to structures or vegetation that may interfere with the visibility of a pedestrian, cyclist, or other vehicle operator. Also called a Sight distance triangle. "Visible." Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place. "Walk-in clientele office." Offices providing direct services to patrons or clients that may or may not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, private utility company offices, and offices for elected officials. It does not include banks or check - cashing facilities, which are separately classified and regulated (See Banks and Financial Institutions). "Wall." Any vertical exterior surface of building or any part thereof, including windows. "Warehouse." A building used primarily to store goods and materials. "Warehousing, storage," and "distribution." Storage and distribution facilities without sales to the public on- site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
"Warehousing" and "storage, indoor." Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This includes cold storage, draying or freight, moving and storage, and warehouses, but not the storage of hazardous chemical, mineral, and explosive materials.

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"Wetlands." Marshes, swamps or other areas characterized by wet soil conditions either permanently or seasonally, which are important to sustaining wildlife and biological resources. "Wine cellar." A storage room or warehouse facility for the blending, cellar treatment, storage, bottling, and/or packaging of wine but not wine production. It may include eating areas, tasting rooms and retail areas as accessory uses.
"Wireless." Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
"Wireless telecommunication facility." Any facility constructed, installed, or operated for wireless service, including but not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunication towers, or similar structures supporting such equipment, related accessory equipment, equipment buildings, and other accessory equipment. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for re sidential or household purposes. "Worksite." The place of employment, base of operation, or any work location in the city of Vallejo of an employee. It includes all of the employer's buildings or facilities, including outdoor facilities. "Wrecking, towing" and "impound." The storage of operative or inoperative vehicles. These uses include storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.
"Yard." An open space on a lot, other than a court on a lot, that is unoccupied and unobstructed from the ground upward.
"Yard depth." That dimension of a yard measured at a right angle and horizontally from an abutting property line.
"Yard, required." The strip of land which abuts property lines and is unoccupied or unobstructed except as permitted by the Zoning Code. Also called "setback".
"Zero lot line." A building or structure constructed at a property line. Typically, a detached single -unit dwelling or attached units such as townhomes.

CONSENT CALENDAR 8.D.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2025 AND 2026

RECOMMENDATION
Adopt a resolution establishing a schedule of regular City Council meetings for 2025 and 2026

REASONS FOR RECOMMENDATION
Section 308 of the City Charter requires that at the first meeting in December of each year the City Council shall adopt a schedule of regular meetings for a two-year period to consist of at least two meetings each month. The City Council may hold special meetings as needed and shall meet at least 40 times each year.

BACKGROUND AND DISCUSSION
On December 12, 2023, the City Council adopted a regular meeting schedule providing for meetings at 7:00 p.m. in the Council Chambers generally on the second and fourth Tuesdays of each month. The City Council held special meetings as needed throughout the year. By the end of this year, the City Council will have held 22 regular meetings and at least 50 special meetings through December 30, 2024 including closed sessions.

In considering a schedule for 2025 and 2026, it is important to note that members of the City Council sit as members of other bodies and meet as these bodies in the Council Chamber or virtually as follows:
• The Housing Authority, which consists of members of the City Council and two tenant members, has established a quarterly meeting schedule on the fourth Tuesday of the months of March, June, September and December at 6:45 p.m. (Housing Authority Resolution No. 22-005). • The Vallejo Flood & Wastewater District, which consists of all members of the City Council and one member of the Board of Supervisors, established a schedule for regular meetings in 2020 to be the second Tuesday of each month at 6:00 p.m.

Staff proposes that the City Council continue to hold its regular meetings at 7:00 p.m. on the second and fourth Tuesdays of each month, except for meetings held in January, November and December 2025 and in November and December 2026, as shown in the attached Resolution, and that the City Council continue to hold special meetings as necessary. The attached resolution also provides the Council with holding a regular meeting on the 2nd Tuesday in August for both years and an additional special meeting in both years on an as-needed basis.

Historically, the regular meetings in August have been canceled because of the summer hiatus, although special meetings have been held during the month. It is important to note that the Charter does in fact dictate that the Council hold 2 meetings a month. While the Charter does not say the Council may not cancel the regular meetings in August or any other time, it does provide that the Council must hold at least 40 meetings a year and 2 per month, however, it does not dictate the type (regular or special) or duration of these meetings. Staff has therefore scheduled 1 regular meeting during the month of August (early in the month)

Date: December 10, 2024
Subject: ADOPT A RESOLUTION ESTABLISHING A SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR 2025 AND 2026

Page 2 ends

and a special meeting in order to address needed items during August and also comply with the Charter.

Further, Municipal Code Section 2.02.130 provides that the Council can modify its meeting schedule, which it has done on an annual basis, to remove the regular meetings in August. Given the number of combined special and regular meetings in 2024 (estimated at least 72), staff fully anticipates the number of meetings in 2025 and 2026 will exceed the required 40 for these years.

If the City Council determines that it should hold its regular meetings on the second and fourth Tuesdays of each month, staff will present a resolution to the Housing Authority at their quarterly meeting on December 17, 2024, proposing that this body adopt a meeting schedule to be consistent with the City Council regular meeting schedule.

If the City Council desires to modify the proposed schedule from what is recommended, calendars for 2025 and 2026 are attached denoting all Tuesdays and listing all City observed holidays.

FISCAL IMPACT
There is no fiscal impact related to adoption of the schedule.

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. 2025+2026 Regular Council Meetings CAO Stamp

2. Attachment to 2025+ 2026 Council Meeting Schedule Reso

CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ESTABLISHING A CITY COUNCIL REGULAR MEETING SCHEDULE FOR 2025- 2026
WHEREAS, Section 308 of the City Charter requires that at the first meeting in December of each year a schedule of regular City Council meetings be adopted for the subsequent two-year period.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo shall hold regular meetings starting at 7:00 p.m. in the City Council Chambers, located at 555 Santa Clara Street, Vallejo, California on the following dates for calendar years 2025 and 2026:

CITY COUNCIL MEETING SCHEDULE
2025-2026
2025 2026 January 7, 14, and 28 January 13 and 27
February 11 and 25 February 10 and 24
March 11 and 25 March 10 and 24
April 8 and 22 April 14 and 28
May 13 and 27 May 12 and 26
June 10 and 24 June 9 and 23
July 8 and 22 July 14 and 28
August 12 (regular) and Special
Meetings as needed
August 11 (regular) and
Special Meetings as
needed
September 9 and 23 September 8 and 22
October 14 and 28 October 13 and 27
November 4 and 18 November 10 and 17
December 9 and 16 December 8 and 15

Notes:

1. Vallejo Flood & Wastewater District meetings are held on the first meeting of the month and start at 6:00 p.m.
2 Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
City Council 2025 Meeting Schedule–(Established Dates)
1st
(TUESDAY)
2nd
(TUESDAY)
3rd
(TUESDAY)
4th
(TUESDAY)
5th
(TUESDAY)
JAN 7 14 28
FEB 11 25
MAR 11 25
APR 8 22
MAY 13 27
JUN 10 24
JUL 8 22
AUG1 12
SEP 9 23
OCT 14 28
NOV 4 18
DEC 9 16
Housing Authority regular
meetings are held at 6:45 p.m.
quarterly on the fourth
Tuesday during the months of
March, June, September, and
December.
2025 Holidays (Observed)
1 special meetings scheduled in August as needed.
1/1 Wednesday New Year’s Day
1/20 Monday Martin Luther King Jr. Day
2/17 Monday President’s Day
5/26 Monday Memorial Day
6/19 Thursday Juneteenth
7/4 Friday Independence Day
9/1 Monday Labor Day
10/13 Monday Indigenous People’s Day
11/11 Tuesday Veteran’s Day
11/27 Thursday Thanksgiving
11/28 Friday Thanksgiving
12/25 Thursday Christmas Day
City Council 2026 Meeting Schedule–(Established Dates)
Housing Authority regular meetings are held at 6:45 p.m. quarterly on the fourth Tuesday during the months of March, June, September, and December.
2026 Holidays (Observed)
2 special meetings scheduled in August as needed.
1st
(TUESDAY)
2nd
(TUESDAY)
3rd
(TUESDAY)
4th
(TUESDAY)
5th
(TUESDAY)
JAN 13 27
FEB 10 24
MAR 10 24
APR 14 28
MAY 12 26
JUN 9 23
JUL 14 28
AUG2 11
SEP 8 22
OCT 13 27 `
NOV 10 17
DEC 8 15
1/1 Thursday New Year’s Day
1/19 Monday Martin Luther King Jr. Day
2/16 Monday President’s Day
5/25 Monday Memorial Day
6/19 Friday Juneteenth
7/3 Friday Independence Day
9/7 Monday Labor Day
10/12 Monday Indigenous People’s Day
11/11 Wednesday Veteran’s Day
11/26 Thursday Thanksgiving
11/27 Friday Thanksgiving
12/25 Friday Christmas Day
CONSENT CALENDAR 8.E.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
Rekha Nayar, Finance Director
SUBJECT: ADOPT THREE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO (RESOLUTION 1)AMEND THE FISCAL YEAR 2024-25 BUDGET IN THE AMOUNT OF $2,122,443 TO REALLOCATE EXPENDITURES FROM THE AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS; (RESOLUTION 2) TO AMEND THE SALARY PLAN TO EXTEND THE TERM FOR THREE POLICE ASSISTANTS TO SEPTEMBER 2025; AND (3) APPROVE THE PURCHASE OF FIRE VEHICLES FROM KALMIKOV ENTERPRISES, INC., DBA FIRE APPARATUS SOLUTIONS IN THE AMOUNT OF $1,477,990.
(STEP 2 OF 2)

RECOMMENDATION
Adopt three Resolutions as follows:

1. Resolution (Attachment 1) to amend the City's Fiscal Year 2024-25 Adopted Budget to reallocate funds from the American Rescue Act (ARPA) (Exhibit A and B)

2. Resolution (Attachment 2) to amend the City's Salary Plan to extend the three limited term Police Assistant Positions to September 2025 (Exhibit E)

3. Resolution (Attachment 3) authorizing the City Manager to purchase vehicles from Kalmikov Enterprises, Inc., DBA Fire Apparatus Solutions (Exhibit C & D)

REASONS FOR RECOMMENDATION
On 11/19/2024, Council met and provided direction on how to allocate the available funds. After taking inventory of the approved ARPA funded projects, the City of Vallejo has $2,112,443 in available funds.

Approval of the resolution will complete Step Two and allow staff to complete the projects as directed.

To reallocate the funding under the City's Charter Section 703, the City Council must formally be notified, and then the budget must be amended to recognize and appropriate the funds, after the Council provides guidance regarding how the allocation should be expended following the guidelines issued by the Treasury Department.

BACKGROUND AND DISCUSSION
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law, delivering $1.9 trillion of aid towards addressing the COVID-19 pandemic and corresponding economic crisis. The City of Vallejo received these funds in the amount of $25,727,736. These funds must be obligated by December 31, 2024, and expended by December 31, 2026.

Eligible uses of these funds include:

Date: December 10, 2024
Subject: ADOPT THREE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO (RESOLUTION 1)AMEND THE FISCAL YEAR 2024-25 BUDGET IN THE AMOUNT OF $2,122,443 TO REALLOCATE EXPENDITURES FROM THE

AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS; (RESOLUTION 2) TO AMEND THE SALARY PLAN TO EXTEND THE TERM FOR THREE POLICE ASSISTANTS TO SEPTEMBER 2025; AND (3) APPROVE THE PURCHASE OF FIRE VEHICLES FROM KALMIKOV ENTERPRISES, INC., DBA FIRE APPARATUS SOLUTIONS IN THE AMOUNT OF $1,477,990.
(STEP 2 OF 2)

Page 2 ends

• Supporting public health expenditures by, for example, funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and specific public health and safety staff • Responding to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities, and helping households, small businesses, impacted industries, nonprofits, and the public sector recover from economic impacts • Replacing lost public sector revenue, using this funding to provide government services to the extent of the revenue lost due to the pandemic
• Providing premium pay for essential workers, offering additional support to those who have and will bear the most significant health risks because of their service in critical infrastructure sectors
• Investing in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, supporting vital wastewater and stormwater infrastructure, and expanding access to broadband internet
• Providing emergency relief from the physical and economic impacts of natural disasters • Investments in surface transportation projects; and
• Development, repair, and operation of affordable housing and services or programs to increase long-term housing security

Ineligible uses include the following:
• Contribution towards federal matching requirements, pension liability, financial reserves, legal settlements, and debt service
• General economic development – activities that do not respond to the negative economic impacts of the pandemic but rather seek to more generally enhance the jurisdiction’s business climate • Infrastructure not directly addressed in the Rescue Plan • Changes that reduce net tax revenue

Discussion
Staff evaluated the status of all of the projects to which the City Council has to date allocated the $25,727,736 of ARPA funding and determined that $2,122,443 would not be obligated by the deadline of December 31, 2024. Staff recommends that the City Council reallocate the $2,122,443 to a number of high priority projects that can be obligated by the deadline.

Recommendation:

Staff recommends unallocating funds from the following projects because the funds for these projects cannot be obligated by the December 31, 2024 deadline:

Page 3 ends

Project # Project Allocation Reason
9 Planning Support $3,919 Project completed/remaining
funds
21 Mural Program & Downtown
Clean-up
$340,000 Timing and Staff Constraints
24 Arts Grants $100,000 Timing and Staff Constraints.
28 Retention Program $105,000 Project completed/remaining funds.
30 Sacramento Street Apartments $1,054,058 Funding is no longer required. 31 Parking revenue loss $437,287 Project completed/remaining funds.
32 Costar Software Subscription $17,330 Project completed/remaining funds.
33 Vallejo Naval & Historic
Museum
$64,849 Project completed/remaining
funds
Total $2,122,443

Staff recommends allocating funds to the following projects, which can be obligated by the deadline:

Item # Project Allocation Expenditure Category
40 Information Technology: Firewall $391,000 6.1 Revenue loss 13 Fire: Type 1 / Type VI shortfall $352,990 6.1 Revenue loss 41 Citywide Asset Management $205,000 6.1 Revenue loss
5 Extending term Police Assistant positions $208,453 3.2 Public sector capacity

42. PD Recruitment cost $100,000 3.2 Public sector capacity 43 PD building design $865,000 6.1 Revenue loss
TOTAL $2,122,443

Recommendations for Reallocation:

1. Information Technology: Firewall
Firewalls are the first essential protection point between the city’s internal protected network and the outside world. With increased cybercrime activities, the city deploys state-of-the-art hardware to mitigate these threats. The existing firewalls are reaching their end of life, and an upgrade will fill a necessary gap in protecting our network for the next five years.

2. Fire / Fleet: Type I & Type VI Fire Apparatus
On December 20, 2022, the City Council adopted Resolution No. 22-214, approving the purchase Date: December 10, 2024
Subject: ADOPT THREE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO (RESOLUTION 1)AMEND THE FISCAL YEAR 2024-25 BUDGET IN THE AMOUNT OF $2,122,443 TO REALLOCATE EXPENDITURES FROM THE

Page 4 ends

of two apparatus for the Fire Department, a Type I Fire Truck and a Type VI Brush Truck, using American Rescue Plan Act (ARPA) funding. The City Council was informed that the Type I Fire Truck would cost approximately $875,000 and the Type VI approximately $250,000. Due to procurement delays and escalating prices of parts and equipment, the actual price for a Type I Fire Truck is $1,218,990, and for a Type VI, it is 259,000.

Per the requirements of ARPA, the city must be in possession of the apparatus by December 2026. Due to the extended production time of the Type I Fire Truck, the unit is not expected to be delivered to the City by the December 2026 deadline. Therefore, in order to meet ARPA expenditure timelines, staff is recommending ARPA funding be used to purchase the vehicles and equipment previously approved to be bought with the General Fund budget, which are sure to be delivered before December 2026. The General Fund budget should be used to purchase the Type I Fire Truck so that the city does not risk losing funding due to manufacturing delays.

3. Citywide Asset Management
The city is in need of installing a robust enterprise asset management system for Public Works, Corp Yard, Fleet, IT, Police, and the Fire Department. Enterprise asset management software is necessary for the operation of the city as, in addition to obtaining accurate inventory, the depreciation schedule of the assets needs to be communicated to the Finance Department for accurate accounting purposes. Currently, these tasks are accomplished using spreadsheets, which are cumbersome and inaccurate. The new enterprise asset management software will be tied to the city's new financial software, Finance Enterprise. This included the implementation and first-year SAAS fees.

4. Extending three (3) Police Assistant Positions
On Sept 28, 2021, the council authorized three limited-term ARPA-funded Police Assistants.

The allocation of additional funds will extend these positions until September 2025. These three positions are currently filled and supplement the City’s Police Department.

5. PD Recruitment Cost
The (much-needed and appreciated) increased recruitment efforts in VPD mean we are putting more applicants through pre-recruitment steps to ensure we retain and hire the best candidates.

The steps can include background checks, Livescans, physical exams, polygraph exams, psych evaluations, and more. The average estimated cost of an applicant going through the steps is around $2,300 per person.

Secondly, more applicants mean a more active Police Academy rotation. Last fiscal year, we put about 12 recruits through the Academy. We've already put 11 people through the Academy this Date: December 10, 2024
Subject: ADOPT THREE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO (RESOLUTION 1)AMEND THE FISCAL YEAR 2024-25 BUDGET IN THE AMOUNT OF $2,122,443 TO REALLOCATE EXPENDITURES FROM THE

Page 5 ends

year, and it is only October. At this rate, we will need additional funds to keep up with the flow of recruits.

6. PD Building Design
The design of the new PD building started in 2020 with 400 Mare Island Way and alternative sites for $1million dollars. On September 13, 2023, Indigo Hammond + Playle Architects LLP was approved for a contract of $4.6 mil to design the project at the current PD building site. The project is divided into three phases: Phase A to achieve a 35% level of design completion, Phase B for developing construction documents through permitting, and Phase C for bidding and construction completion. Additional directions were given to Indigo Hammond + Playle to add two building renovations at the Corporation Yard, add a preliminary Leadership in Energy and Environmental Design (LEED) assessment, re-siting the dispatch modular building, and prepare related modular design plans and site design plans, which increased costs by an additional $700,000. Partial funding was approved from the General Fund, including Measure P.

Council has allocated the entire $865,000 needed to complete this phase of the work.

FISCAL IMPACT
The City of Vallejo has $2,122,443 available of the State and Local Fiscal Recovery Funds to be reassigned to projects.

Item # Project Allocation Expenditure Category

1. Information Technology: Firewall $391,000 6.1 Revenue loss

2. Fire: Type 1 / Type VI shortfall $352,990 6.1 Revenue loss

3. Citywide Asset Management $205,000 6.1 Revenue loss

4. Extending Police Assistant positions $208,453 3.2 Public sector capacity

5. Recruitment cost $100,000 3.2 Public sector capacity

6. PD building design $865,000 3.4 Public sector capacity TOTAL $2,112,443

Staff is asking Council to accept a Resolution amending the FY 2024-25 Budget (Step 2) to reallocate unspent funds received through the American Rescue Plan Act.

Page 6 ends

ATTACHMENTS

1. Attachment 1 - ARPA Resolution - Scrub and Reallocation - FY 24-25 - CAO STAMP

2. Attachment 2 - ARPA Resolution - Amending Salary Plan - FY 24-25 CAO STAMP

3. Attachment 3 - ARPA Resolution -Purchase of Fire Apparatus_CAO STAMP

4. Exhibit A - Scrub and Reallocation

5. Exhibit B - Fund Movement

6. Exhibit C & D - FY 24-45 Fleet Replacement - ARPA Budget Amendment

7. Exhibit E - Adopted - FY 24-25 FTE Listing

CONTACT
Andrew Murray, City Manager, (707) 645-2630
[email protected]
Rekha Nayar, Finance Director; (707) 648-5433
[email protected]

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING FISCAL YEAR 2024-25 BUDGET IN THE AMOUNT OF $2,122,443 TO REALLOCATE

FUNDS FROM THE AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE

AND LOCAL FISCAL RECOVERY FUNDS

WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week’s notice of intention to do so; and

WHEREAS, on March 11, 2021 , President Joe Biden signed into law the $1.9 trillion dollar American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID- 19 pandemic; and

WHEREAS, the City of Vallejo received $25,727,736 in funding in two tranches; and

WHEREAS, after evaluation of the City of Vallejo’s ARPA Projects, Staff has concluded that $2,122,443 is in need of reallocation; and

WHEREAS, on November 19, 2024, the City Council reviewed the notice of inte nt to amend the budget to reallocate the American Rescue Plan Act (ARPA) funds and directed Staff to amend FY 2024-25 budget; and

WHEREAS, the Public Works Fleet Division proposes using $1,125,000, originally allocated to purchase a Type 1 Fire Engine and a Type VI Brush Truck, along with the reallocated funds of $352,990, to purchase fleet vehicles for the City that were previously approved to be bought with General Fund budget; and

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby reallocates American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds as outlined in Exhibit A; and

BE IT FURTHER RESOLVED that the City Council hereby amends the revenues and expenditures within the General Fund Recovery Fund, Capital Outlay Fund, Parking Enterprise Fund and Fleet Replacement Fund as outlined in Exhibit B.

BE IT FURTHER RESOLVED that the City Council hereby approves the reallocation of funds to purchase fleet vehicles for the City in an amount not to exceed $1 ,477,990 as outlined in Exhibit C and D; and

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________

ROBERT MCCONNELL, MAYOR

ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Approved as to form:

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

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

SALARY PLAN AMENDMENT TO EXTEND THE THREE LIMITED TERM POSITIONS OF POLICE ASSISTANT WITHIN THE POLICE DEPARTMENT TO SEPTEMBER 2025

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 resolution; and

WHEREAS, City Council has the authority to amend the salary plan via resolution during the Fiscal Year; and

WHEREAS, City Council approved Resolution 24-094 at the beginning of the Fiscal Year, adopting the Salary Plan; and

WHEREAS, Police Department requested additional American Rescue Plan Act (ARPA) funds to extend the limited term of the police assistant positions, originally scheduled to expire on June 30, 2025, wherein current funding would only last until February 2025; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo directs staff to extend the limited term of three police assistants for the Police Department to September 2025 to the City’s current Salary Plan contained in Resolution 24-094, as attached hereto as Exhibit C.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________

ROBERT MCCONNELL, MAYOR

ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

R
ESOLUTION NO. 24-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING

THE PURCHASE OF A TYPE I FIRE TRUCK AND TYPE VI BRUSH TRUCK FROM KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS IN AN AMOUNT NOT TO EXCEED $1,478,000, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PURCHASE ORDER FOR SAME
WHEREAS, Section 3.20.050.A of the Vallejo Municipal Code (VMC) requires that any purchase of equipment over the City Manager’s authorization limit of one hundred thousand dollars, for which there are appropriated funds in the city council-approved budget, be made by the C ity Council and that, once approved, the City Manager shall sign such contracts or purchase orders; and
W
HEREAS, Section 3.20.090.A.7. of the VMC provides an exemption from formal competitive bidding procedures for purchases made through a cooperative or another public agency purchas- ing agreement; and
WHEREAS, the Public Works Fleet Division proposes that the City purchase a Type I Fire Truck, using appropriated general funding, for an amount not to exceed $1,218,990 from Kalmikov Enterprises, Inc., dba Fire Apparatus Solutions through a cooperative agreement with Sourcewell; and
W
HEREAS, the Public Works Fleet Division proposes that the City purchase a Type VI Brush Truck, using appropriated ARPA funding, for an amount not to exceed $259,000 from Kalmikov Enterprises, Inc., dba Fire Apparatus Solutions, through a cooperative agreement with Sourcewell; and
W
HEREAS, Kalmikov Enterprises, Inc., dba Fire Apparatus Solutions, must be in receipt of a City of Vallejo purchase order at the time the orders for the units are placed.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the purchase of a Type 1 Fire Truck and Type VI Brush Truck from Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions in an amount not to exceed $1,477,990.

BE IT F
URTHER RESOLVED that the City Council hereby authorizes the City M anager or his de- signee to execute purchase orders for same.

A
dopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024, with the following vote:

AYES:

N
OES:

ABSENT:

ABSTAIN:

______________________________________
ROBERT H. MCCONNELL, MAYOR

ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ARPA Scrub and Available Funds
as of 2024.10.23
Exhibit A
Project Name Description Reduction of Funding Funding Needed Planning Support
This project will include various
assessments and long-term plans to
benefit the City and its residents.
$ 3,919
Mural Program & Downtown Clean-Up
The City will partner with non-profit(s) to
fund a mural program and downtown
cleanup.
$ 340,000
Art Grants
This funding would allow the City to
address the funding request from the
Culture and Arts Commission.
$ 100,000
Retention Program These funds will be used as incentives and bonuses to essential workers $ 105,000 Sacramento Street Apartments
Funding will supplement the cost the
City has to repay HUD due to delays of
the project and administrative errors.
$ 1,054,058
Parking revenue loss
This expenditure would address the
Parking Fund as it has a negative
balance available for the FY 22-23
budget.
$ 437,287
Costar Software Subscription This project will fund the City's Costar Software Subscription. $ 17,330 Vallejo Naval & Historical Museum
Funding would allow for barrier removal
and Americans with Disability Act (ADA)
improvements to the museum.
$ 64,849
Information Technology: Firewall Upgrade existing firewall to protect our network for the next five years. $ 391,000 Fire: Type 1 / Type VI shortfall now Fleet
Vehicles
Budget shortfall.

Funds to be allocated to Fleet for
purchase of vehicles.
$ 352,990
Citywide Asset Management
An enterprise asset management
software is necessary for an operation
of the city.
$ 205,000
Extending term Police Assistant
positions
The allocation of additional funds will
retain these much-needed positions
until September 2025
$ 208,453
Recruitment cost Increased recruitment efforts in VPD $ 100,000 PD building design Supplement cost of design of the new PD building. $ 865,000
$ 2,122,443 $ 2,122,443 Exhibit B
Capital Outlay Fund (#201) Project # IT000 Revenues Expenditures Transfers In 391,000 $
Information Technology: Firewall 391,000 $
Fleet Replacement Fund (#502) Project # MY2408 Revenues Expenditu res Transfers In 352,990 $
Fire: Type 1 / Type VI shortfall now Fleet Vehicles 352,990 $ Capital Outlay Fund (#201) Project # IT000 Revenues Expenditures Transfers In 205,000 $
Citywide Asset Management 205,000 $
ARPA Fund (#004) Revenues Expenditures
Transfer Out (208,453) $
Salaries & Benefits 208,453 $
Capital Outlay Fund (#201) Project # MY2409 Revenues Expenditures Transfers In 100,000 $
Recruitment cost 100,000 $
Capital Outlay Fund (#201) Project #PW9818 Revenues Expenditures Transfers In 865,000 $
PD building design 865,000 $
Capital Outlay Fund (#201) Project # MY2208 Revenues Expenditures Transfers In (3,919) $
Planning Support (3,919) $
Capital Outlay Fund (#201) Project # MY2321 Revenues Expenditures Transfers In (340,000) $
Mural Program & Downtown Clean-Up (340,000) $
Capital Outlay Fund (#201) Project # MY2324 Revenues Expenditures Transfers In (100,000) $
Art Grants (100,000) $
Capital Outlay Fund (#201) Project # MY2328 Revenues Expenditures Transfers In (105,000) $
Retention Program (105,000) $
Capital Outlay Fund (#201) Project # MY2330 Revenues Expenditures Transfers In (208,453) $
Sacramento Street Apartments (208,453) $
Capital Outlay Fund (#201) Project # MY2330 Revenues Expenditures Transfers In (845,605) $
Sacramento Street Apartments (845,605) $
Vallejo Station Parking Structure (#431) Project # MY2331 Revenu es Expenditures Transfers In (437,287) $
Parking revenue loss (437,287) $
Capital Outlay Fund (#201) Project # IT000 Revenues Expenditures Transfers In (17,330) $
Costar Software Subscription (17,330) $
Capital Outlay Fund (#201) Project #MY2401 Revenues Expenditures Transfers In (64,849) $
Vallejo Naval & Historical Museum (64,849) $
Exhibit C
Year Description of Existing Unit
American
Rescue
Plan Act
(ARPA)
Gas Tax Fund Landscape
Maint. Fund
Measure P
Fund Water Fund
Police 042 2015 Ford Interceptor (unmarked) 62,000$ 62,000$ Ford Interceptor Folsom Lake Ford Police 120 2014 Ford Interceptor (unmarked) 62,000$ 62,000$ Ford Interceptor Folsom Lake Ford Police 127 2011 Ford CV 62,000$ 62,000$ Ford Interceptor Folsom Lake Ford Police 143 2014 Ford Interceptor (unmarked) 45,000$ 45,000$ Ford Expedition Downtown Ford Sales Police 193 2011 Ford CV 58,000$ 58,000$ Ford Expedition Folsom Lake Ford Police 197 2014 Ford Interceptor (unmarked) 58,000$ 58,000$ Ford Interceptor Folsom Lake Ford Police 199 2014 Ford Interceptor (unmarked) 58,000$ 58,000$ Ford Interceptor Folsom Lake Ford Police Police Accessories & Outfitting 118,200$ 118,200$ Lehr Public Works 504 2007 Ford F150 35,000$ Ford Maverick Downtown Ford Sales Public Works 335 2016 Freightliner Street Sweeper $ 155,000 $10,210 $ 144,790 $ 200,000 355,000$ Tymco Street Sweeper Tymco Public Works 344 2006 Ford F550 SD (50% Gas Tax) $ 35,000 70,000$ Bucket Truck Altec industries Public Works 672 2015 Crack Sealer $ 80,000 80,000$ Crack Sealer Stepp Manufacturing Co.

Public Works TBD-LM1 New Addition to Fleet 35,000$ 35,000$ Ford Maverick Crew Cab Downtown Ford Sales Public Works TBD-MP1 Pressure Washer 25,000$ 25,000$ Landa Pressure Washer O'Connell Jetting Systems Public Works TBD-MP 2 New Addition to Fleet 40,000$ 40,000$ UTT 330 Pressure Washer O'Connell Jetting Systems Public Works TBD-MP 3 New Addition to Fleet 50,000$ 50,000$ Atlas Copco Compressor Herc Rentals Public Works TBD-MP 4 New Addition to Fleet 35,000$ 35,000$ Portable Sandblaster Herc Rentals Public Works Public Works Accessories & Outfitting 24,000$ Lehr Planning 510 2002 Ford Taurus 35,000$ Ford Maverick Downtown Ford Sales Planning TBD-CE2 New Addition to Fleet 35,000$ Ford Maverick Downtown Ford Sales Planning Planning Accessories & Outfitting 5,000$ Lehr
Water 436 2013 Ford F150 35,000$ 35,000$ Ford Maverick Downtown Ford Sales Water TBD-WT1 New Addition to Fleet 55,000$ 55,000$ Ford Explorer Hybrid Folsom Lake Ford Water Water Accessories & Outfitting 5,000$ 5,000$ Lehr TOTALS $ 667,990 $ 315,0 00 $ 35,000 $ 150,000 $ 95,000 $ 1,442,200 Unit Being Replaced
Department Unit # Total
Estimated Cost VendorExpected Purchase
FISCAL YEAR 2024-25 FLEET PURCHASE SCHEDULE as of December 2024 General Fund
62,000$
62,000$
62,000$
45,000$
58,000$
58,000$
58,000$
118,200$
$ 35,000
$ 35,000
$ 179, 210
24,000$
35,000$
35,000$
5,000$
Exhibit D
Year Description of Existing Unit
American
Rescue
Plan Act
(ARPA)
Gas Tax Fund Housing Fund Water Fund
Police 124 2014 Ford Interceptor (unmarked) 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 139 2018 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 141 2017 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 160 2016 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 178 2018 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 189 2017 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police 191 2017 Ford Interceptor 58,000 $ 58,000 $ Ford Inte rceptor Folsom Lake Ford Police Police Accesso ries & Outfitting 145,000$ 145,000 $ Lehr Fire 217 2001 Type I Pump Truck 1,218,991$ 1,218,991$ Type I Pump Truck Fire Apparatus Solutions Fire 241 2001 Type VI Brush Truck 259,000$ 259,000 $ Type VI Brush Truck Fire Apparatus Solutions City Pool Unit 517 2006 Ford Ranger 35,000$ Ford Maverick Hybrid Downtown Ford Sales City Pool Unit 533 2008 Ford Ranger 35,000$ Ford Maverick Hybrid Downtown Ford Sales City Pool Unit 535 2003 Ford Expedition 35,000$ Ford Maverick Hybrid Downtown Ford Sales Public Works 307 2003 Ford F-350 SD 95,000$ Ford F-350 Downtown Ford Sales Public Works 308 2003 Ford F-150 45,000$ Ford F-150 Downtown Ford Sales Public Works 614 2002 Comp Air Leroi Compressor 40,000$ Compressor Herc Rentals Public Works 306 2013 Ford F-150 55,000$ Ford F-150 Downtown Ford Sales Public Works 317 2008 Ford F-350 XL 30,000$ Ford F-350 XL Downtown Ford Sales Public Works 342 1998 GMC 3500 Utility Truck 70,000$ Ford F-350 Downtown Ford Sales Public Works 512 2008 F-350 60,000$ Ford F-350 Downtown Ford Sales Public Works 302 2002 Ford F-150 50,000$ Ford F-150 Downtown Ford Sales Public Works TBD-GT1 New Addition to Fleet 250,000$ 250,000$ 10 Wh eeler Dump Truck National Auto Fleet Grp.

Planning 518 2002 Ford F-150 35,000$ Ford Maverick Hybrid Downtown Ford Sales Planning TBD-CE1 New Addition to Fleet 35,000$ Ford Maverick Hybrid Downtown Ford Sales Housing 501 2015 Ford Fusion 35,000$ 35,000 $ Ford Maverick Hybrid Downtown Ford Sales Water 415 2013 Ford F-150 45,000$ 45,000 $ Ford F-150 Downtown Ford Sales Water 440 2013 Ford F-150 45,000$ 45,000$ Ford F-150 Downtown Ford Sales Water 400 2015 Ford Fusion 30,000$ 30,000$ Ford Escape Hybrid Downtown Ford Sales Water 530 2014 Ford F-150 Supercab 4x4 55,000$ 55,000$ Ford F-150 Su per Cab Downtown Ford Sales Water 437 2011 Ford Escape 32,000$ 32,000$ Ford Escape Hybrid Downtown Ford Sales Water 422 2011 Ford F-450 110,000$ 110,000$ Ford F-450 Downtown Ford Sales Water 448 2011 Ford F-350 55,000$ 55,000$ Ford F-150 Su per Cab Downtown Ford Sales TOTALS 810,000$ 250,000$ 35,000$ 372,000$ 3,305,991$ 1,838,991$ 35,000$
35,000$
55,000$
30,000$
70,000$
60,000$
50,000$
35,000$
35,000$
35,000$
45,000$
40,000$
95,000$
58,000$
58,000$
145,000$
1,218,991$
58,000$
58,000$
58,000$
58,000$
58,000$
Unit Being Replaced
CARRIED OVER FLEET UNITS APPROVED AND BUDGETED FOR REPLACEMENT IN PRIOR FISCAL YEARS as of December 2024 Department Unit # Total
Estimated Cost Expected Purchase VendorGeneral Fund
Contributed Funds
Personnel Summary
Authorized Full-time Equivalent (FTE) Listing
Amended Amended Adopted Amended Changes Adopted
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 Economic Development - 7.00 7.00 7.00 - 7.00 Finance 24.00 24.00 24.00 24.00 - 24.00 Fire 109.00 108.00 96.00 96.00 - 96.00 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 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 PositionsThe 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 AuthorizationsAll 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 EngineerCommunications Operators I/II Instrument Technician I/IIMaintenance Worker I/II Water Maintenance Worker I/II Appendix: Personnel Summary
Legislative, Executive and Legal Departments
Group Amended Amended Adopted Amended Changes Adopted
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
Appendix: Personnel Summary
Legislative, Executive and Legal Departments
Group Amended Amended Adopted Amended Changes Adopted
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
Appendix: Personnel Summary
Finance Department
Group Amended Amended Adopted Amended Changes Adopted
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
Accounting Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 Customer Service Supervisor IBEW 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
Sr.Meter Reader IBEW 1.00 1.00 1.00 1.00 - 1.00 Meter Reader IBEW 5.00 5.00 5.00 5.00 - 5.00 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
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
Appendix: Personnel Summary
Information Technology Department
Group Amended Amended Adopted Amended Changes Adopted
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
Appendix: Personnel Summary
Economic Development Department
Group Amended Amended Adopted Amended Changes Adopted
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 21-22 FY 24-25FY 22-23 FY 23-24
Appendix: Personnel Summary
Planning & Development Services Department
Group Amended Amended Adopted Amended Changes Adopted
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.

Appendix: Personnel Summary
Fire Department
Group Amended Amended Adopted Amended Changes Adopted
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
Appendix: Personnel Summary
Police Department
Group Amended Amended Adopted Amended Changes Adopted
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 09/30/25
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
Twelve (12) 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.

Appendix: Personnel Summary
Public Works Department
Group Amended Amended Adopted Amended Changes Adopted
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 Customer Service Representative IBEW - 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 18.00 18.00 - 18.00 Senior Building Maintenance Worker IBEW 1.00 1.00 1.00 1.00 - 1.00 Building Maintenance Worker II IBEW 4.00 3.00 3.00 3.00 - 3.00 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
Appendix: Personnel Summary
Public Works Department
Group Amended Amended Adopted Amended Changes Adopted
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 Appendix: Personnel Summary
Housing Department
Group Amended Amended Adopted Amended Changes Adopted
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
Appendix: Personnel Summary
Water Department
Group Amended Amended Adopted Amended Changes Adopted
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 1.00 1.00 - 1.00 Public Works Supervisor IBEW 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 24-25FY 23-24FY 22-23FY 21-22
Appendix: Personnel Summary
Water Department
Group Amended Amended Adopted Amended Changes Adopted
FY 24-25FY 23-24FY 22-23FY 21-22
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 CONSENT CALENDAR 8.F.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
Sidney Wilson, City Manager's Office
SUBJECT: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM CALIFORNIA NATURAL RESOURCES AGENCY IN THE AMOUNT OF $1,500,000 FOR

THE VALLEJO MARINA SEAWALL REHABILITATION PROJECT AND PROVIDING NOTICE OF INTENT TO AMEND THE FY 2024-25 MARINA FUND BUDGET TO RECEIVE AND EXPEND THE GRANT REVENUE (STEP 1)

RECOMMENDATION
Adopt a resolution approving the acceptance of grant funds in the amount of $1,500,000 from the California Natural Resources Agency (CNRA) in the amount of $1,500,000 for the Vallejo Marina Seawall Rehabilitation Project and providing notice of intent to amend the FY 2024-25 Marina Fund Budget to receive and expend the grant revenue (Step 1).

REASONS FOR RECOMMENDATION
The City of Vallejo applied for an allocation of funds from the California Natural Resources Agency for the Vallejo Municipal Marina to address the damaged sea wall that occurred as a result of the 2018 storms. The California Natural Resources Agency grant procedures require the City to certify by resolution the approval of a Project Information Package before submission to the State as an initial step. The City will enter into an agreement with the State of California after the resolution is accepted by the State

Per City Charter Section 703, amending the budget requires public notice and intent prior to any action taken.

A staff report recommending amendment of the budget will be presented to City Council at the next regularly scheduled City Council meeting.

BACKGROUND AND DISCUSSION
Background

Earmark Designation
On July 10th, 2023, Governor Newsome signed California Assembly Bill 102 which made appropriations for the support of state government for the 2023-24 fiscal year. The bill amends the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes. AB 102 took effect immediately after passage. This earmark allows for construction or soft-cost expenditures.

The City of Vallejo was approved for the following under subpart #49 of the bill:

“$1,500,000 to the City of Vallejo for the Vallejo Marina Seawall Rehabilitation Project.”

Deadline to encumber grant funds: 1st of March 2025
Deadline to expend grant funds: 1st of June 2027

Staff Recommended Project

Date: December 10, 2024
Subject:

ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM CALIFORNIA NATURAL RESOURCES AGENCY IN THE AMOUNT OF $1,500,000 FOR THE VALLEJO MARINA

SEAWALL REHABILITATION PROJECT AND PROVIDING NOTICE OF INTENT TO AMEND THE FY 2024-25 MARINA FUND BUDGET TO RECEIVE AND EXPEND THE GRANT REVENUE (STEP 1)

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Project funding is suggested to be used for permitting and regulatory engagement, seawall configurations and design, dredge analysis, and sediment sampling expenses. These planning expenses are necessary for completing the seawall rehabilitation and additional improvements, including dredging. Future grants for construction from this source would require that the marina be encumbered for a period of 25 years. This grant is for soft costs only and will not require encumbering the marina at this time. Any future construction grants and the terms for those grants will be brought back to City Council at a future date.

The soft costs for the project include project management, grant administration, public outreach, environmental assessment, hydrographic surveys, structural assessment, alternative analysis, cost analysis, environmental review, conceptual design, geotechnical evaluations, sediment sampling, environmental permitting and fees, design full project, and bid phase services, and a 15% contingency fee.

Completing these planning expenses will support the marina rehabilitation and allow the City to pursue and compete for additional grant funding to complete construction-related activities such as dredging, removing and replacing the deteriorating walls, and adding new entrances to the marina.

FISCAL IMPACT
The approval of this item is Step 1 in the two-step process for amending the Fiscal Year 2024-25 Marina Fund Budget. The second step will come at the next regular City Council meeting. The total grant award to the City of Vallejo referenced is $1,500,000 with no required match.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378 as no project is actually being approved by the action. Any necessary environmental review is required to take place prior to the approval of any future construction project.

ATTACHMENTS

1. Sea Wall Earmark Resolution.Step 1 (SW)_CAO Stamp

2. Marina reso Exhibit A

3. Exhibit B Marina Reso

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]
Sidney Wilson, Administrative Analyst
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
Resolution NO. XXX-XXXX

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

GRANT FUNDS IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND

DOLLARS FOR THE VALLEJO MARINA SEAWALL REHABILITATION PROJECT SOFT COSTS AND PROVIDING NOTICE OF INTENT TO AMEND FY 24-25 BUDGET (STEP 1)
WHEREAS, the Vallejo Marina Seawall is an important public facility because it diverts sediment away from the marina to allow public usage to constituents; and WHEREAS, the Vallejo Marina Seawall has fallen into disrepair over many years causing Vallejo’s public marina to be compromised; and
WHEREAS, the Legislature and Governor of the State of California have approved a grant in the amount of $1,500,000 to provide funding for design of the Vallejo Marina Seawall rehabilitation project; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require the City to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for the Vallejo Marina Seawall Rehabilitation Design Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo:

1. Approves the acceptance of a general fund allocation for local assistance in the amount of $1,500,000 for the Vallejo Marina Seawall Rehabilitation Design Project (the “Project”); and

2. Certifies that the City understands the assurances and certifications in the Project Information Form for the Project which is attached hereto as Exhibit A; and

3. Certifies that the City will comply with the provisions of Section 1771.5 of the California Labor Code; and

4. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained; and

5. Certifies that the City has reviewed and understands the General Provisions contained in the sample Grant Agreement which is attached hereto as Exhibit B and which is also contained in the Procedural Guide and approves the same; and

6. Appoints the Public Works Director and CMO Administrative Analyst as agents to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

7. Authorizes the City Manager to execute the Grant Agreement after the consent and approval of the City Attorney.

BE IT FURTHER RESOLVED, that the City Council hereby gives notice of its intent to amend Marina Fund 415 to recognize the receipt and expenditure of the grant funds in the amount of $1,500,000.

Adopted by the Council of the City of Vallejo at a meeting held on December 10, 2024 with the following vote:

AYES:

NOES:

ABSENT:

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

CONSENT CALENDAR 8.G.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Offcer & IT Director SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING AN AGREEMENT WITH CENTRAL SQUARE LLC IN AN AMOUNT NOT TO EXCEED $481,155 FOR THE ENTERPRISE ASSET MANAGEMENT SOFTWARE

LICENSE AND IMPLEMENTATION PROFESSIONAL SERVICES COST AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution of the Vallejo City Council approving a Central Square Solutions Agreement with Central Square LLC for the purchase and implementation of services for a new (E.A.M) Enterprise Asset Management System for the Public Works, Corp Yard, Fleet, Police, Fire, and Information Technology Departments in the amount not to exceed $481,155 and authorizing the City Manager to execute the same.

REASONS FOR RECOMMENDATION
The City of Vallejo does not have a comprehensive enterprise level asset management system to keep track of its inventory in such departments as Public Works, Fleet, Fire, Police, and Information Technology.

Currently, these departments manage inventory in spreadsheets and other homegrown databases. More details to follow in the background and discussion section of the staff report below.

BACKGROUND AND DISCUSSION
The City has been using Central Square products since the mid-nineties and currently uses the following products:

1. H.T.E. Navaline. (Soon to be retired as we migrate to the new financial system).

2. Finance Enterprise (FE) Accounting financial system.

3. Human Resources Information System (H.R.I.S) for payroll and employee management.

4. Water billing system.

5. Community Development and Land Management System (Central Permitting System).

6. Central Square Payments.

7. Central Square Cognos Analytics (Reporting tool).

8. Click to Gov (online payment portal for water billing system).

It is in the best interest of the city to implement a new enterprise level asset management system that can accurately record the city assets and give city staff the ability to tie them back to the finances for capital replacement and capital depreciation. Central Square LLC has recently acquired a reputable asset management system and have folded the product into their product portfolio. The city staff have fully evaluated this new software and have determined that this software will be a perfect fit for the city as it would tie back to our current Central Square products. The city has an asset management system (NEXGEN) that is currently implemented for the water distribution department and limited implementation for public works. The water department is choosing to stay on the NEXGEN system as they evaluate a different system in the future that

Date: December 10, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING AN AGREEMENT WITH CENTRAL SQUARE LLC IN AN AMOUNT NOT TO EXCEED $481,155 FOR THE ENTERPRISE ASSET MANAGEMENT

SOFTWARE LICENSE AND IMPLEMENTATION PROFESSIONAL SERVICES COST

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

can better address water operation. The public works and the rest of the city will migrate to the new enterprise asset management system.

Currently, many departments are managing assets and inventory in spreadsheets. This is not an optimal situation as it involves a lot of manual work and is prone to mistakes. The biggest disadvantage is that scheduling preventative maintenance, re-order inventory, and calculating depreciation is a manual process and is labor-intensive. The new enterprise asset management system will accomplish the following:

1. Fleet management.

2. Street lights inventory.

3. Computer assets.

4. Police and fire equipment.

5. Major city assets and parts like air conditioning units, generators, and necessary parts are on hand.

6. Create workflows to trigger automatic purchase order creation when inventory level reaches below a designated threshold.

7. Create workflow triggers and alert appropriate staff to perform routine maintenance on critical systems like heating and air conditioning units in use.

8. Public Works warehouse and inventory management.

9. Direct tie from inventory to the city's financial system for accurate depreciation accounting reports.

Detailed implementation schedule, scope of work, implementation cost, and ongoing annual costs are detailed in the attached Central Square Solutions Agreement and detailed out in the fiscal impact section of the staff report. It is the desire of the city to sign a 5-year agreement to take maximum benefits of the discount offered by the multi-year agreement.

FISCAL IMPACT
The initial implementation cost and first year SAAS cost is covered by ARPA and years 2-5 cost are budgeted through Public Works. There will be no additional burden on the general fund. The breakdown of the software (SAAS) fees and implementation costs are as follows:

Service Year Cost
Implementation Services 2024-2025 $152,663
Contingecy - For 5 years of the
contract
2024-2029 $50,000
Subscription Fees (Year 1) 2024-2025 $50,400
Subscription Fees (Year 2) 2025-2026 $52,920
Subscription Fees (Year 3) 2026-2027 $55,566
Subscription Fees (Year 4) 2027-2028 $58,345
Subscription Fees (Year 5) 2028-2029 $61,261
Total Cost over 5 years 2024-2029 $481,155
Date: December 10, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING AN AGREEMENT WITH CENTRAL SQUARE LLC IN AN AMOUNT NOT TO EXCEED $481,155 FOR THE ENTERPRISE ASSET MANAGEMENT

SOFTWARE LICENSE AND IMPLEMENTATION PROFESSIONAL SERVICES COST

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

ARPA will fund Implementation ($152,663) + First year Software as a Service (SAAS) totaling $205K

ATTACHMENTS

1. City of Vallejo - Solutions Agreement - MSA - final 12-10-2024 Clean CAP STAMP

2. Resolution Approving Central-Square Agreement-EAM-CAO Stamp

CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]

CST-2024-101992
CentralSquare Solutions Agreement
This CentralSquare Solutions Agreement (the "Agreement"), effective as of the latest date shown on the signature block below (the "Effective Date"), is entered into between CentralSquare Technologies, LLC with its principal place of business in Lake Mary, FL ("CentralSquare") and City of Vallejo, CA ("Customer"), together with CentralSquare, the "Parties", and each, a "Party".

WHEREAS, CentralSquare licenses and gives access to certain software applications (“Solutions”) to its customers and also provides maintenance, support, migration, installation and other professional services; and WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional services described herein, and CentralSquare desires to grant and provide Customer license and access to such offerings as well as to provide support and maintenance, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following provisions and exhibits of this Agreement:

CentralSquare Technologies, LLC City of Vallejo
1000 Business Center Drive
Lake Mary, FL 32746
555 Santa Clara Street
Vallejo, CA 94590
By: \Signature2\ By: \Signature1\
Print Name: \FullName2\ Print Name: \FullName1\
Print Title: \Title2\ Print Title: \Title1\
Date Signed: \DateSigned2\ Date Signed: \DateSigned1\
Solution: Finance Enterprise, NaviLine, Community Development Term.

Term. The Term of this Agreement commences as of the Effective Date and will continue in effect for five (5) year(s) from such date unless terminated earlier pursuant to any of the Agreement’s express provisions (the Term”).

Fees.

In consideration of the rights and services granted by CentralSquare to Customer under this Agreement, Customer shall make payments to CentralSquare pursuant to the amounts and payment terms outlined in Exhibit 1 (the Solution(s) and Services Fee Schedule).

All invoices shall be billed and paid in U.S. dollars (USD) and in accordance with the terms set forth in Exhibit 1. If Customer delays an invoice payment for any reason, Customer shall promptly notify CentralSquare in writing the reasons for such delay. Unless otherwise agreed by both Parties, CentralSquare may apply any payment received to any delinquent amount outstanding.

CST-2024-101992
Standard Terms and Conditions

1. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:

1.1. "Affiliate" means any other Entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Entity.

1.2. "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Solutions pursuant to this Agreement, and for whom access to the Solutions has been purchased.

1.3. “Baseline Solution” means the version of a Solution updated from time to time pursuant to CentralSquare’s warranty services and maintenance, but without any other modification.

1.4. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of CentralSquare to deliver the Solutions, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by CentralSquare or through the use of third-party services.

1.5. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded, or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or through the Solutions, provided the data is not personally identifiable and not identifiable to Customer.

1.6. "Customer Systems" means the Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated by Customer or through the third-party services.

1.7. “Defect” means a material deviation between the Baseline Solution and its Documentation, for which Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare’s control. Further, with regard to any custom modification, Defect means a material deviation between the custom modification and the CentralSquare generated specification and Documentation for such custom modification, and for which Defect Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare’s control.

1.8.“Delivery” means:

1.8.1. For on-premise Solutions, Delivery shall be when CentralSquare delivers to Customer the initial copies of the Solutions outlined in Exhibit 1 by whichever the following applies and occurs first (a) electronic delivery, by posting it on CentralSquare’s network for downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a disc or other suitable media transfer method, or (c) installation, or (d) delivery of managed services server. Physical shipment is on FOB - CentralSquare’s shipping point, and electronic delivery is at the time CentralSquare provides Customer with access to download the Solutions.

1.8.2. For cloud-based Solutions Delivery shall be whichever the following applies and occurs first when Authorized Users have (a) received log-in access to the Solution or any module of the Solution or (b) received access to the Solution via a URL.

1.9. "Documentation" means any manuals, instructions, or other documents or materials that CentralSquare provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Solution(s), including any aspect of its installation, configuration, integration, operation, use, support, or maintenance.

1.10.“End User Training” means the process of educating general users of the Software on the operation of the Software.

1.11. “Entity” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other organization.

1.12.“Hardware” means any equipment, computer systems, servers, storage devices, peripherals, and any other tangible assets purchased under this Agreement.

1.13. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

1.14. “Managed Services Hardware” means any equipment, computer systems, servers, peripherals, and any other tangible asset purchased as a subscription under this Agreement.

CST-2024-101992

1.15.“Maintenance” means optimization, error correction, modifications, and Updates (defined herein) to CentralSquare Solutions to correct any known Defects and improve performance. Maintenance will be provided for each Solution, the hours and details of which are described in Exhibit 2 (Maintenance and Support)

1.16. “New or Major Releases” means new versions of a Baseline Solution (e.g., version 4.0, 5.0 etc.) not provided as part of Maintenance.

1.17. "Personal Information" means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located. Personal Information includes all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health information" as defined under the Health and Insurance Portability and Accountability Act of 1996, "Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing.

1.18. “Professional Services” means configuration, installation, implementation, development work, training or consulting services including custom modification programming, support relating to custom modifications, on-site support services, assistance with data transfers, system restarts and reinstallations provided by CentralSquare.

1.19.“Project Kickoff” is a meeting to occur shortly after contract execution between CentralSquare and Customer in which goals and objectives are set forth, all parties relevant team members are identified, and scope, timelines, and milestones are reviewed.

1.20.“Reliability Period” is the time period in which the Software is tested and confirmed reliable by successfully completed fifteen (15) continuous days in a live environment with no repeatable Priority 1 or Priority 2 issues as defined in Exhibit 2, unless otherwise agreed in a statement of work.

1.21. “Software” means the software program(s) (in object code format only) identified on Exhibit 1 (Solution(s) and Services Fee Schedule). The term “Software” excludes any Third-Party Software.

1.22.“Software Version” means the base or core version of the Solution Software that contains significant new features and significant fixes and is available to the Customer. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix.

1.23. "Solutions" means the software, Documentation, development work, CentralSquare Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided or used by CentralSquare or any Subcontractor in connection with Professional Services or Support Services rendered under this Agreement.

1.24.“Support Services” means Maintenance, Enhancements, implementation of New Releases, and general support efforts to respond to incidents reported by Customer in accordance with Exhibit 2 (Maintenance & Support) and Exhibit 8 (Managed Services Provisions), if applicable.

1.25. "Third-Party Materials" means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, related services, equipment, or components of or relating to the Solutions that are not proprietary to CentralSquare.

2. License, Access, and Title.

2.1. License Grant. For any Solution designated as a “license” on Exhibit 1, Customer is granted a perpetual (unless terminated as provided herein), nontransferable, nonexclusive right and license to use the Software for Customer’s own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit 1. Additional software licenses purchased after the execution of this Agreement shall also be licensed in accordance with the provisions of this section.

Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable license. In such event, Customer shall not be entitled to a refund of any license fees paid. Notwithstanding, Customer shall be entitled to use software at the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities, provided that the Software is installed and operated at only one physical location. The Software license granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever.

2.2. Access Grant. For any Solution designated as a “subscription” on Exhibit 1, so long as subscription fees are paid and current, (unless terminated as provided herein), Customer is granted a nontransferable, nonexclusive right to use the software for the Customer’s own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit 1.

CST-2024-101992
Additional CentralSquare software subscriptions purchased after the execution of this Agreement shall also be accessed in accordance with the provisions of this section. Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable access. In such event, Customer shall not be entitled to a refund of any subscription fees paid.

Notwithstanding, Customer shall be entitled to use software at the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities. The subscription access granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever.

2.3. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Solutions.

2.4. Application Programming Interface “API”. If the Customer has purchased any Application Programming Interface (API) license or subscription, Customer may use such API for Customer’s own internal use to develop interfaces which enable interfacing with the applicable CentralSquare Software purchased herein. The development and use of such interfacing applications is specifically permitted under the use granted herein and shall not be deemed derivative works provided that they are not, in fact, derived from the CentralSquare Software or the ideas, methods of operation, processes, technology or know-how implemented therein. Other than the usage rights granted herein, Customer shall not acquire any right, title or interest in the CentralSquare Software or API by virtue of the interfacing of such applications, whether as joint owner, or otherwise. Should Customer desire to provide or share the API to a third-party, the third-party must enter into an API Access Agreement by and between the third-party and CentralSquare directly to govern the usage rights and restrictions of the applicable API.

2.5. Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver, through hardware vendors, the Hardware itemized on Exhibit 1. The risk of loss or damage will pass to Customer upon the date of delivery to the Customer specified facility. Upon delivery and full satisfaction of the Hardware payment obligations, Hardware shall be deemed accepted and Customer will acquire good and clear title to Hardware. All Hardware manufacturer warranties will be passed through to Customer. CentralSquare expressly disclaims, and Customer hereby expressly waives all other Hardware warranties, express or implied, without limitation, warranties of merchantability and fitness for a particular purpose.

2.6. Managed Services Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver the Managed Services Hardware itemized on Exhibit 1. So long as the applicable subscription fees are paid and current, Customer shall maintain a limited right in possessory interest in the Managed Services Hardware. No title in the Managed Services Hardware will pass to Customer at any time or for any reason. Customer agrees to maintain adequate insurance against fire, theft, or other loss for the Managed Services Hardware full insurable value.

CentralSquare shall coordinate any defect or warranty claims in accordance with Exhibit 8.

2.7. Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Solutions, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise.

All right, title, and interest in the Solutions, and the Third-Party Materials are and will remain with CentralSquare and the respective rights holders.

3. Use Restrictions. Authorized Users shall not:

3.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any Entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

3.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Solutions, in whole or in part;

3.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions other than by an Authorized User through the use of his or her own then valid access;

3.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code (any software, hardware, device, or other technology, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software firmware, hardware, system or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Solutions as intended by this Agreement;

3.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the CentralSquare Systems, or CentralSquare's provision of services to any third-party, in whole or in part; CST-2024-101992

3.6. remove, delete, alter, or obscure any trademarks, specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Documentation or Solutions, including any copy thereof;

3.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third-party, or that violates any applicable law;

3.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development, provision, or use of a competing software service or product or any other purpose that is to CentralSquare's detriment or commercial disadvantage or otherwise access or use the Solutions beyond the scope of the authorization granted in Section 2.

4. Audit.

4.1. CentralSquare shall have the right to audit Customer’s use of the Software to monitor compliance with this Agreement.

Customer shall permit CentralSquare and its directors, officers, employees, and agents to have on-site access at Customer’s premises (or remote access as the case may be) during normal business hours to such systems, books, and records for the purpose of verifying license counts, access counts, and overall compliance with this Agreement.

Customer shall render reasonable cooperation to CentralSquare as requested. If as a result of any audit or inspection CentralSquare substantiates a deficiency or non-compliance, or if an audit reveals that Customer has exceeded the restrictions on use, Customer shall promptly reimburse CentralSquare for all its costs and expenses incurred to conduct such audit or inspection and be required to pay for any delinquencies in compliance and prompt payment of any underpayment of Fees.

5. Customer Obligations.

5.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair all Customer Systems on or through which the Solutions are accessed or used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer Systems as is necessary for CentralSquare to perform the Support Services in accordance with the Support Standards and specifications and if required by CentralSquare, remote access in accordance with Exhibit 3 (CentralSquare Access Management Policy); and (c) provide all cooperation as CentralSquare may reasonably request to enable CentralSquare to exercise its rights and perform its obligations under this Agreement.

5.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement.

5.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section 3, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Solutions and permanently erasing from their systems and destroying any data to which any of them gained unauthorized access); and (b) notify CentralSquare of any such actual or threatened activity.

5.4. Maintaining Current Versions of CentralSquare Solutions. In accordance with Exhibit 2 (Maintenance & Support) and Exhibit 8 (Managed Services Provisions), if applicable. Customer shall install and/or use any New or Major Release within one year of being made available by CentralSquare to mitigate a performance problem, ineligibility for Support Services, or an infringement claim.

6. Professional Services.

6.1. Compliance with Customer Policies. While CentralSquare personnel are performing services at Customer's site, CentralSquare personnel will comply with Customer’s reasonable procedures and site policies that are generally applicable to Customer’s other suppliers providing similar services and that have been provided to CentralSquare in writing or in advance.

6.2. Contributed Material. In the process of CentralSquare’s performing Professional Services, Customer may, from time to time, provide CentralSquare with designs, plans, or specifications, improvements, works or other material for inclusion in, or making modifications to, the Solutions, the Documentation or any other deliverables (“Contributed Material”). To the extent said Contributed Material is owned by Customer, Customer grants to CentralSquare a nonexclusive, irrevocable, perpetual, transferable right, without the payment of any royalties or other compensation of any kind and without the right of attribution, for CentralSquare, CentralSquare’s Affiliates and CentralSquare’s licensees to make, use, sell and create derivative works of the Contributed Material.

7. Confidentiality.

7.1. Nondisclosure. The Parties agree, unless otherwise provided in this Agreement or required by law, not to use or make each other's Confidential Information available to any third party for any purpose other than as necessary to perform under this Agreement. “Confidential Information” means the Solution(s), Software, and customizations in any CST-2024-101992
embodiment, and either Party’s technical and business information relating to inventions or software, research and development, future product specifications, engineering processes, costs, profit or margin information, marketing and future business plans as well as any and all internal Customer and employee information, and any information exchanged by the Parties that is clearly marked with a confidential, private or proprietary legend or which, by its nature, is commonly understood to be confidential.

7.2. Exceptions. A Party's Confidential Information shall not include information that: (a) is or becomes publicly available through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to the disclosure and was not obtained by the recipient either directly or indirectly from the disclosing Party; (c) is lawfully disclosed to the recipient by a third party without restriction on recipient’s disclosure, and where recipient was not aware that the information was the confidential information of discloser; (d) is independently developed by the recipient without violation of this Agreement; or (e) is required to be disclosed by law.

8. Security.

8.1. CentralSquare will implement commercially reasonable administrative, technical and physical safeguards designed to ensure the security and confidentiality of Customer Data, protect against any anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access or use of Customer Data. CentralSquare will review and test such safeguards on no less than an annual basis.

8.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication, non-repudiation, virus detection and eradication.

8.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall maintain agreements with such Authorized Users that adequately protect the confidentiality and Intellectual Property Rights of CentralSquare in the Solutions and Documentation and disclaim any liability or responsibility of CentralSquare with respect to such Authorized Users.

9. Personal Data. If CentralSquare processes or otherwise has access to any personal data or Personal Information on Customer’s behalf when performing CentralSquare’s obligations under this Agreement, then:

9.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and CentralSquare shall be a data processor (where “data processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own);

9.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or Personal Information to CentralSquare so that CentralSquare may lawfully use, process and transfer the personal data and Personal Information in accordance with this Agreement on Customer’s behalf, which may include CentralSquare processing and transferring the relevant personal data or Personal Information outside the country where Customer and the Authorized Users are located in order for CentralSquare to provide the Solutions and perform its other obligations under this Agreement; and

9.3. CentralSquare shall process personal data and information only in accordance with lawful and reasonable written instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and

9.4. CentralSquare shall take reasonable steps to ensure that its employees, agents and contractors who may have access to Personal Information are persons who need to know / access the relevant Personal Information for valid business reasons; and

9.5. each Party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and Personal Information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and Personal Information and the nature of the personal data and Personal Information being protected. If necessary, the Parties will cooperate to document these measures taken.

10. Representations and Warranties.

10.1. Intellectual Property Warranty. CentralSquare represents and warrants that (a) it is the sole and exclusive owner of (or has the right to license) the software; (b) it has full and sufficient right, title and authority to grant the rights and/or licenses granted under this Agreement; (c) the software does not contain any materials developed by a third party used by CentralSquare except pursuant to a license agreement; and (d) the software does not infringe any patent, trademark, servicemark or copyright.

10.2. Intellectual Property Remedy. In the event that any third party asserts a claim of infringement against the Customer relating to the software contained in this Agreement, CentralSquare shall indemnify and defend the Customer pursuant to section 13.1 of this Agreement. In the case of any such claim of infringement, CentralSquare shall either, at its option, (1) procure for Customer the right to continue using the software; or (2) replace or modify the software so that that it CST-2024-101992
becomes non-infringing, but equivalent in functionality and performance.

10.3. Software Warranty. CentralSquare warrants to Customer that: (i) for a period of one year from the Effective Date (the “Warranty Period”) the Software will substantially conform in all material respects to the specifications set forth in the Documentation, when installed, operated and used as recommended in the Documentation and in accordance with this Agreement; and (ii) at the time of delivery the Software does not contain any virus or other malicious code.

10.4. Software Remedy. If, during the Warranty Period a warranty defect is confirmed in the CentralSquare Software, CentralSquare shall, at its option, reinstall the Software or correct the Defects. Defects that occur in the Software after the Warranty Period will be corrected pursuant to Exhibit 2 (Maintenance & Support) and Exhibit 8 (Managed Services Provisions), if applicable.

10.5. Services Warranty. CentralSquare warrants that the Professional Services delivered will substantially conform to the deliverables specified in the applicable statement of work and that all Professional Services will be performed in a professional and workmanlike manner consistent with industry standards for similar work. If Professional Services do not substantially conform to the deliverables, Customer shall notify CentralSquare of such non-conformance in writing, within 10 days from completion of Professional Service, and CentralSquare shall promptly repair the non-conforming deliverables.

10.6.Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE,

CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO

THE INTELLECTUAL PROPERTY, SOFTWARE, PROFESSIONAL SERVICES, AND/OR ANY OTHER MATTER

RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER

EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES ARISING FROM COURSE

OF DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. FURTHER, CENTRALSQUARE

EXPRESSLY DOES NOT WARRANT THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY

IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN

MODIFIED BY ANYONE OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL

OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.

11. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by United States registered or certified mail, return receipt requested; transmitted by facsimile or email confirmed by first class mail, or sent by overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the Party may subsequently designate for its receipt of notices in writing by the other Party.

If to CentralSquare : CentralSquare Technologies, LLC
1000 Business Center Dr.

Lake Mary, FL 32746
Phone: 407-304-3235
Attention: Legal/Contracts
If to Customer: City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
Phone: 707-648-4468
Email: [email protected]
Attention: Naveed Ashraf

12. Force Majeure.

Neither Party shall be responsible for failure to fulfill its obligations hereunder, or be liable for damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster, pandemic or epidemic, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the Party’s reasonable control (“Excusable Delay” CST-2024-101992
hereunder). In the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary to compensate for such delay.

13. Indemnification.

13.1. CentralSquare Indemnification. CentralSquare shall indemnify, defend, and hold harmless Customer from any and all Claims or liability, including attorneys' fees and costs, brought by a third party, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising from a wrongful or negligent act, error or omission of CentralSquare, its employees, agents, contractors, or any subcontractor as a result of CentralSquare’s or any subcontractor’s performance pursuant to this Agreement; however, CentralSquare shall not be required to indemnify Customer for any claims caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of Customer, or its employees, agents or contractors, CentralSquare’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault.

13.2. Customer Indemnification. To the extent allowable by law, Customer shall indemnify, defend, and hold harmless CentralSquare from any and all Claims or liability, including attorneys' fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising from a wrongful or negligent act, error or omission of Customer, its employees, agents, contractors, or any subcontractor as a result of Customer’s or any subcontractor’s performance pursuant to this Agreement; however, Customer shall not be required to indemnify CentralSquare for any Claims or actions caused to the extent of the negligence or wrongful act of CentralSquare, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of CentralSquare, or its employees, agents or contractors, Customer’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault.

13.3. "Claim" in this Section 13 means any claim, cause of action, demand, lawsuit, dispute, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.

14. Termination.

14.1. Either Party may terminate this Agreement for a material breach in accordance with this subsection. In such event, the disputing Party shall deliver written notice of its intent to terminate along with a description in reasonable detail of the problems for which the disputing Party is invoking its right to terminate and the specific requirement within this Agreement or any exhibit or schedule hereto that the disputing Party is relying upon. Following such notice, the Parties shall commence dispute resolution procedures in accordance with the dispute resolution procedure pursuant to Section 17.

14.2. CentralSquare shall have the right to terminate this Agreement based on Customer’s failure to pay undisputed amounts due under this Agreement more than ninety (90) days after delivery of written notice of non-payment.

14.3. Customer shall have the right to terminate if the proper appropriation of funds for the continuation of this Agreement is not available for any fiscal year after the first fiscal year during the Term, then this Agreement may be terminated. To effect the termination of this Agreement, Customer shall, within forty-five (45) days following the beginning of the fiscal year for which the proper appropriation is not available, provide CentralSquare with written notice of the failure to obtain the proper appropriation of funds. Such notice shall be accompanied by the payment of all sums then owed CentralSquare under this Agreement, if any.

15. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:

15.1. All rights, licenses, and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of CentralSquare’s Confidential Information and the Solutions, and within thirty (30) days deliver to CentralSquare, or at CentralSquare’s request destroy and erase CentralSquare’s Confidential Information from all systems Customer directly or indirectly controls; and

15.2. All licenses, access or subscription fees, services rendered but unpaid, and any amounts due by Customer to CentralSquare of any kind shall become immediately payable and due no later than thirty (30) days after the effective date of the termination or expiration, including anything that accrues within those thirty (30) days.

15.3. The provisions set forth in the following sections, and any other right or obligation of the Parties in this Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information, Warranty Disclaimers, Indemnifications, & Limitations of Liability), will survive any expiration or termination of this Agreement.

15.4. In the event that Customer terminates this Agreement or cancels any portions of a project (as may be set forth in a Statement of Work) prior to Go Live (which shall be defined as “first use of a Solution or module of a Solution in a production environment, unless otherwise agreed by the Parties in a statement of work”), Customer shall pay for all Professional Services actually performed by CentralSquare on a time and materials basis, regardless of the payment terms in Exhibit 1.

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15.5. Return of Customer Data. If Customer requests in writing at least ten (10) days prior to the effective date of expiration or earlier termination of this Agreement, CentralSquare shall within sixty (60) days following such expiration or termination, deliver to Customer in CentralSquare’s standard format the then most recent version of Customer Data maintained by CentralSquare, provided that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination.

15.6. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no longer purchasing certain Solutions (including those indicated to be Third-Party Materials), if Customer requests assistance in the transfer of Customer Data to a different vendor’s applications (“Deconversion”), CentralSquare will provide reasonable assistance. CentralSquare and Customer will negotiate in good faith to establish the relative roles and responsibilities of CentralSquare and Customer in effecting Deconversion, as well as the appropriate date for completion.

CentralSquare shall be entitled to receive compensation for any additional consultation, services, software, and documentation required for Deconversion on a time and materials basis at CentralSquare’s then standard rates.

15.7. Termination of this Agreement shall not relieve either Party of any other obligation incurred one to the other prior to termination.

16. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Party without the prior written consent of the other Party, which consent will not be unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all of CentralSquare’s assets, CentralSquare may assign this Agreement to an entity ready, willing and able to perform CentralSquare’s executory obligations hereunder.

17. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement (each, a “Dispute”), including the breach, termination, or validity thereof, shall be resolved as follows:

17.1. Good Faith Negotiations. The Parties agree to send written notice to the other Party of any Dispute (“Dispute Notice”). After the other Party receives the Dispute Notice, the Parties agree to undertake good faith negotiations to resolve the Dispute. Each Party shall be responsible for its associated travel and other related costs.

17.2. Escalation to Mediation. If the Parties cannot resolve any Dispute through good faith negotiations, the dispute will be escalated to non-binding mediation, with the Parties acting in good faith to select a mediator and establishing the mediation process. The Parties agree the mediator’s fees and expenses, and the mediator’s costs incidental to the mediation, will be shared equally between the Parties. The Parties shall bear their own fees, expenses, and costs.

17.3. Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and statements made in the course of the mediation are confidential, privileged, and inadmissible for any purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

17.4. Litigation. If the Parties cannot resolve a Dispute through mediation, then once an impasse is declared by the mediator either Party may pursue litigation in a court of competent jurisdiction.

18. Waiver/Severability. The failure of any Party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such Party thereafter to enforce such provisions. If any provision of this Agreement is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

19. LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN THIS AGREEMENT TO THE CONTRARY, AND

REGARDLESS OF THE NUMBER OF LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT, NEGLIGENCE, OR OTHERWISE:

19.1.NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT

LIMITED TO, REPLACEMENT COSTS, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR

LOSSES OF PROFIT, REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, DATA, AND REPUTATION, AND

MORE GENERALLY, ANY LOSSES OF AN ECONOMIC OR FINANCIAL NATURE, REGARDLESS OF WHETHER

SUCH LOSSES MAY BE DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND NATURALLY FROM THE

INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND

19.2.THE LIMITATIONS OUTLINED IN THIS SECTION (19.2) SHALL NOT APPLY IN CASES OF INTELLECTUAL

PROPERTY INFRINGEMENT, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM THE NEGLIGENCE OF CENTRALSQUARES EMPLOYEES. FURTHERMORE, NOTHING IN THIS SECTION SHALL RESTRICT EITHER

PARTY'S ACCESS TO THE FULL AMOUNT OF INSRUANCE COVERAGE REQUIRED OR AVAILABLE FOR ANY APPLICABLE CLAIM.

20. Insurance. During the term of this Agreement, CentralSquare shall maintain insurance coverage covering its operations in accordance with Exhibit 4 (Certificate of Insurance (Evidence of Coverage)). Upon request by Customer, CentralSquare shall include Customer as an additional insured on applicable insurance policies provided under this Agreement. CentralSquare shall provide proof of current coverage during the term of this Agreement.

CST-2024-101992

21. Third-Party Materials. CentralSquare may, from time to time, include third parties to perform services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare provides front-line support services for these Third- Party Materials, but these third parties assume all responsibility and liability in connection with the Third-Party Materials.

CentralSquare is not authorized to make any representations or warranties that are binding upon the third-party or to engage in any other acts that are binding upon the third-party, except specifically that CentralSquare is authorized to represent third- party fees and to accept payment of such amounts from Customer on behalf of the third-party for as long as such third-party authorizes CentralSquare to do so. As a condition precedent to installing or accessing certain Third-Party Materials, Customer may be required to execute a click-through, shrink-wrap End User License Agreement (“EULA”) or similar agreement provided by the Third-Party Materials provider. If mapping information is supplied with the CentralSquare Software, CentralSquare makes no representation or warranty as to the completeness or accuracy of the mapping data provided with the CentralSquare Software. The completeness or accuracy of such data is solely dependent on the information supplied by the Customer or the mapping database vendor to CentralSquare. All third-party materials are provided “as-is” and any representation or warranty concerning them is strictly between Customer and the third-party.

22. Subcontractors. CentralSquare may from time to time, in its discretion, engage third parties to perform services on its behalf including but not limited to Professional Services, Support Services, and/or provide software (each, a "Subcontractor").

CentralSquare shall be fully responsible for the acts of all subcontractors to the same extent it is responsible for the acts of its own employees.

23. Entire Agreement. This Agreement, and any Exhibits specifically incorporated therein by reference, constitute the entire agreement between the Parties with respect to the subject matter. These documents supersede and merge all previous and contemporaneous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the Parties with respect to the subject hereof.

24. Amendment. Either Party may, at any time during the term, request in writing changes to this agreement. The Parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in either a CentralSquare issued add-on quote signed by Customer, or a written change order or amendment to this Agreement signed by both Parties.

25. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.

26. Counterparts. This Agreement, and any amendments hereto, may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. The Agreement (and any amendments) shall be considered properly executed by a Party if executed by that Party and transmitted by facsimile or other electronic means, such as DocuSign, Tagged Image Format Files (TIFF), or Portable Document Format (PDF).

27. Material Adverse Change. If any law, regulation, applicable standard, process, OEM requirement is changed or comes into force after the Effective Date, including but not limited to PCI standards or Americans with Disabilities Act compliance (collectively, a “Material Adverse Change”), which is not explicitly addressed within this Agreement and results in significant extra costs for either Party in relation to the performance of this Agreement, both Parties shall promptly meet, discuss in good faith, and agree upon reducing the technical, operational, and/or commercial impact of such Material Adverse Change.

28. Cooperative Purchases. This Agreement may be used by Customer Affiliates. CentralSquare agrees to offer similar services to other Affiliates under the same terms and conditions as stated herein except that the Fees may be negotiated between CentralSquare and other Affiliates based on the specific revenue expectations, agency reimbursed costs, and other Affiliate requirements. The Customer will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such Affiliates. CentralSquare and the Affiliate will enter into any such arrangement with an amendment to this Agreement.

29. Order of Precedence.

29.1. In the event of any conflict or inconsistency between this Agreement, the Exhibits, or any purchase order, then the following priority shall prevail:

29.1.1. The main body of this Agreement and any associated amendments, statements of work (including Exhibit 5 (Statement of Work)), or change orders and then the attached Exhibits to this Agreement in the order in which they appear.

29.2. Customer’s purchase terms and conditions or CentralSquare’s sales terms and conditions are not applicable and shall have no force or effect, whether referenced in any document in relation to this Agreement.

29.3. Incorporated Exhibits to this Agreement:

Exhibit 1: Solution(s) and Services Fee Schedule
Exhibit 2: Maintenance & Support
CST-2024-101992
Exhibit 3: CentralSquare Access Management Policy
Exhibit 4: Certificate of Insurance (Evidence of Coverage) Exhibit 5: Statement of Work
Exhibit 6: Service Level Commitments
CST-2024-101992
EXHIBIT 1
Solution(s) and Services Fee Schedule
Quote #: Q-135598

CST-2024-101992

ANNUAL FEE TOTALS
_____

TYPE AMOUNT
FIRST YEAR SYBSCRIPTION FEE PLUS IMPLEMENTATION (24-2025) $203,061 SECOND YEAR SUBSCRITPTION FEE (25-2026) $52,920
THIRD YEAR SUBSCRIPTION FEE (26-2027) $55,566
FOURTH YEAR SUBSCRIPTION FEE (27-2028) $58,344
FIFTH YEAR SUBSCRIPTION FEE (28-2029) $61,262
CONTINGENCY AND CUSTOM DEVELOPMENT YEARS 24-2029 $50,002 TOTAL AMOUNT OVER 5 YEARS $481,155
Payment Terms:

CST-2024-101992
Subscriptions:
- If applicable, Annual Subscription Fees are due on the Delivery Date, and annually thereafter on the anniversary of the Delivery Date.
- Annual Subscription Fees shall increase by 5% each year Services:

Payment Schedule:

Implementation Services
30% Due on Effective Date
20% Due at Project Kickoff
15% Due at completion of 1st End User Training Session
30% Due at Go Live
5% Due at completion of Reliability Period
- If applicable, non-fixed fee professional services shall be due as incurred on a time and materials basis. Non-fixed fee professional services are not included in the percentages outlined in the above Payment Schedule. - If applicable, non-fixed fee travel expenses shall be due as incurred, invoiced monthly for the travel expenses of the preceding month. Non-fixed fee travel expenses are not included in the percentages outlined in the above Payment Schedule.
- If applicable, Fixed Fee travel expenses are included in the percentages outlined in the above Payment Schedule.

Hardware:
- If applicable, Non-subscription Hardware Fees are due on the Effective Date.

Licenses:
- If applicable, License Fees are due on the Delivery Date.

Support & Maintenance
- If applicable, Support & Maintenance Fees are due annually, starting prior to the first anniversary of the Delivery Date and annually thereafter.
- Annual Software Maintenance Fees shall increase by 5% each year.

Third Party:
- If applicable, Third-Party Software Fees are due on the Effective Date. Third-Party software subscriptions and/or support fees shall be due annually thereafter on the anniversary of the Effective Date. Third-Party Software fees are subject to increase each year.
- If applicable, Third-Party Services shall be due 50% at Effective Date, 25% at completion of 1st End User Training Session, and 25% at Go Live.

Invoice Terms:

CentralSquare shall provide an invoice for the items in the schedule above no less than thirty (30) days prior to the due date.

ANCILLARY FEES
a. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice Customer and Customer will pay to CentralSquare all such tax amounts.

CST-2024-101992
b. To the extent allowable by law, if Customer fails to make any payment when due, then CentralSquare may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the highest rate permitted under applicable law; and if such failure continues for 90 days following written notice thereof, CentralSquare may suspend performance or access until past due amounts have been paid.

CST-2024-101992
EXHIBIT 2
Maintenance & Support
This Maintenance & Support Exhibit describes support and maintenance relating to technical support that CentralSquare will provide to Customer during the Term of the Agreement.

1. Product Updates and Releases

1.1. Software Version. “Software Version” means the base or core version of the Software that contains significant new features and significant fixes and is available to the Customer. Software Versions may occur as the Software architecture changes or as new technologies are developed. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix. All Software Versions are provided and included as part of this Agreement.

1.2. Updates. From time to time CentralSquare may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal “Update” to the Software. If Customer is receiving technical support from CentralSquare on the general release date for an Update, CentralSquare will provide the Customer with the Update and related Documentation at no extra charge. Updates for custom configurations will be agreed upon by the Parties and outlined in a Statement of Work or Change Order.

1.3. Releases. Customer shall agree to install and/or use any New or Major Release within one year of being made available by CentralSquare to avoid or mitigate a performance problem, ineligibility for Support and Maintenance Services or infringement claim. All modifications, revisions and updates to the Software shall be furnished by means of new Releases of the Software and shall be accompanied by updates to the Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.

2. Support

2.1. CentralSquare shall provide to Customer support via toll-free phone number 833-278-7877 or via the CentralSquare Support Portal. CentralSquare shall provide to Customer, commercially reasonable efforts in solving errors reported by the Customer as well as making available an online support portal. Customer shall provide to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error. Should either Party not be able to locate the error root cause and Customer and CentralSquare agree that on-site services are necessary to diagnose or resolve the problem CentralSquare shall provide a travel estimate and estimated hours in order to diagnose the reported error.

2.2. If after traveling onsite to diagnose a reported error and such reported error did not, in fact, exist or was not attributable to a defect in the Software provided by CentralSquare or an act or omission of CentralSquare, then Customer shall pay for CentralSquare's investigation, travel, and related services in accordance with provided estimate. Customer must provide CentralSquare with such facilities, equipment and support as are reasonably necessary for CentralSquare to perform its obligations under this Exhibit, including remote access in accordance with the Remote Access Policy.

3. Online Support Portal
Online support is available via https://support.centralsquare.com/s/contact-us, offering Customer the ability to resolve its own problems with access to CentralSquare’s most current information. Customer will need to enter its designated username and password to gain access to the technical support areas on CentralSquare’s website. CentralSquare’s technical support areas allow Customer to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; and (ii) access answers to frequently asked questions (FAQ).

4. Exclusions from Technical Support Services
CentralSquare shall have no support obligations to provide Support or Maintenance for Solutions that are not kept current to one version prior to the then current version of the Solution. CentralSquare shall have no support obligations with respect to any third-party hardware or software product not licensed or sold to Customer by CentralSquare (“Nonqualified Product”). Customer shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software.

5. Customer Responsibilities
In connection with CentralSquare’s provision of technical support as described herein, Customer acknowledges that Customer has the responsibility to do each of the following:

5.1 Provide hardware, operating system and browser software that meets technical specifications, as well as a fast, stable, high-speed connection and remote connectivity for accessing the Solution.

5.2 Maintain any applicable computer system and associated peripheral equipment in good working order in accordance with the manufacturers’ specifications, and ensure that any problems reported to CentralSquare are not due to hardware malfunction;

5.3 For CentralSquare Solutions that are implemented on Customer Systems, maintain the designated operating CST-2024-101992
system at the latest code revision level reasonably deemed necessary by CentralSquare for proper operation of the Software;

5.4 Supply CentralSquare with access to and use of all information and facilities reasonably determined to be necessary by CentralSquare to render the technical support described herein;

5.5 Perform any test or procedures reasonably recommended by CentralSquare for the purpose of identifying and/or resolving any problems;

5.6 At all times follow routine operator procedures as specified in the Documentation or any error correction guidelines of CentralSquare posted on the CentralSquare website;

5.7 Customer shall remain solely responsible at all times for the safeguarding of Customer’s proprietary, confidential, and classified information contained within Customer Systems; and

5.8 Reasonably ensure that the Customer Systems are isolated and free from viruses and malicious code that could cause harm before requesting or receiving remote support assistance.

6. Priorities and Support Response Matrix
The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-covered causes - such as hardware, network, and third-party products - are not included in this priority matrix and are outside the scope of this Exhibit. CentralSquare will make commercially reasonable efforts to respond to Software incidents for live remote based production systems using the following guidelines:

Priority Issue Definition Response Time
Priority 1 –
Urgent
The software is completely down and will not
launch or function.

Priority 1 issues must be called in via 833-278-7877 and will be immediately answered and managed by the first
available representative.

Priority 2 –
Critical
A high-impact problem that disrupts the
customer’s operation but there is capacity to
remain productive and maintain necessary
operations.

Priority 2 issues must be called in via 833-278-7877 and will be immediately answered and managed by the first
available representative.

Priority 3 –
Non-Critical
A Software Error related to a user function which
does not negatively impact the User from the use
of the system. This includes system administrator
functions or restriction of user workflow but does
not significantly impact their job function.

Priority 3 issues called in via 833-278-7877 will be
immediately answered and managed by the first
available representative.

Non-Critical Priority 3 issues may also be reported via Https://support.centralsquare.com/s/contact-us
Priority 4 –
Minor
Cosmetic or documentation errors, including
Customer technical questions or usability
questions.

Priority 4 issues called in via 833-278-7877 will be
immediately answered and managed by the first
available representative.

Minor Priority 4 issues may also be reported via
Https://support.centralsquare.com/s/contact-us

7. Exceptions. CentralSquare shall not be responsible for failure to carry out its Support and Maintenance obligations under this Exhibit if the failure is caused by adverse impact due to:

7.1. defectiveness of the Customer’s Systems (including but not limited to environment, hardware or ancillary systems), or due to Customer corrupt, incomplete, or inaccurate data reported to the Solution, or documented defect.

7.2. denial of reasonable access to Customer’s System or premises preventing CentralSquare from addressing the issue.

7.3. material changes made to the usage of the Solution by Customer where CentralSquare has not agreed to such changes in advance and in writing or the modification or alteration, in any way, by Customer or its subcontractors, of communications links necessary to the proper performance of the Solution.

7.4. a Force Majeure event (as outlined in Section 12), or the negligence, intentional acts, or omissions of Customer or its agents.

8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved. CentralSquare will make commercially reasonable efforts to resolve Software incidents for live remote based production systems using CST-2024-101992
the following guidelines:

Priority Resolution Process Resolution Time
Priority 1 – Urgent CentralSquare will provide a
procedural or configuration
workaround or a code correction that
allows the Customer to resume live
operations on the production
System.

CentralSquare will work continuously to provide the Customer with a solution that allows the Customer to resume live operations on the production system.

CentralSquare will either resolve the issue or provide a resolution plan as soon as possible and not later than twenty-four (24) hours after notification.

Priority 2 –
Critical
CentralSquare will provide a
procedural or configuration
workaround or a code correction that
allows the Customer to resume
normal operations on the production
System.

CentralSquare will work continuously to provide the Customer with a solution that allows the Customer to resume normal operations on the production System.

CentralSquare will either resolve the issue or provide a resolution plan as soon as possible and not later than thirty-six (36) hours after notification.

Priority 3 – Non –
Critical
CentralSquare will provide a
procedural or configuration
workaround that allows the Customer
to resolve the problem.

CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code correction within a timeframe that takes into consideration the impact of the issue on the Customer and CentralSquare’s User base.

Priority 3 issues have priority scheduling in a subsequent release.

Priority 4 – Minor If CentralSquare determines that a
reported Minor Priority error
requires a code correction, such
issues will be addressed in a
subsequent release when
applicable.

CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code correction in a future release of the software. Priority 4 issues have no defined resolution time.

9. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide fixes to non- production environment(s). Non-production environments are not included under the response or resolution tables provided in this Exhibit.

9.1. Maintenance. All non-production environment resolution processes will follow the structure and schedules outlined above for production environments.

9.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated by circumstances and will be prioritized and scheduled subordinate to production environment service requests.

10. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and organization of its staff in the operation of the Software.

11. Development Work. Software support and maintenance does not include development work either (i) on software not licensed from CentralSquare or (ii) development work for enhancements or features that are outside the documented functionality of the Software, except such work as may be specifically purchased and outlined in the Agreement.

CentralSquare retains all intellectual property rights in development work performed and Customer may request consulting and development work from CentralSquare as a separate billable service.

12. Technology Life Expectancy. Customer understands, acknowledges and agrees that the technology upon which the Hardware, Solution and Third-Party Software is based changes rapidly. Customer further acknowledges that CentralSquare will continue to improve the functionality and features of the Solution to improve legal compliance, accuracy, functionality and usability. As a result, CentralSquare does not represent or warrant that the Hardware, Solution and/or Third-Party Software provided to Customer under this Agreement or that the Customer Systems recommended by CentralSquare will function for an indefinite period of time. Rather, CentralSquare and Customer may, from time to time, analyze the functionality of the Hardware, Solution, Third-Party Software and Customer Systems in response to changes to determine whether Customer CST-2024-101992
must upgrade the same. Customer upgrades may include without limitation, the installation of a new Release, additional disk storage and memory, and workstation and/or server upgrades. Customer upgrades may also include the installation and/or removal of Third-Party Software. Customer is solely responsible for all costs associated with future resources and upgrades.

CST-2024-101992
EXHIBIT 3
CentralSquare Access Management Policy
In order to provide secure, federally compliant connections to agency systems CentralSquare Technologies (“CentralSquare”) requires BeyondTrust or SecureLink as the only approved methodology of connection. BeyondTrust and Securelink provide the necessary remote access in order to service and maintain CentralSquare products while adhering to the Federal Bureau of Investigations Criminal Justice Information Services requirements. Both solutions utilize two-factor authentication Federal Information Processing Standard Publication (“FIPS”) 140-2 validated cryptographic modules and AES encryption in 256-bit strengths.

BeyondTrust and Securelink are addressed in turn via this Access Management Policy; Customers may choose which remote privileged access management solution will be utilized by CentralSquare.

BeyondTrust
The BeyondTrust remote support solution may be utilized via escorted session or a jump Customer. As for an escorted session, when an agency needs assistance from CentralSquare, the agency employee requesting assistance will receive verbal or email communication with a session key necessary to enable remote access. If a verbal key is provided, the user enters the session key after visiting https://securesupport.centralsquare.com.

Jump Customers are a Windows service that can be stopped/started to facilitate a support session. Connections made via jump Customer can be active or passive. An active jump Customer is always available. A passive connection is enabled for a specific purpose and then disabled when not used. Regardless of the option selected, CentralSquare’s support team will arrange a BeyondTrust session to establish the jump Customer.

The jump Customer resides on the agency side on the installed device, where an agency administrator can manage.

Instructions on how to enable/disable jump Customers can be provided upon request. A sample workflow of a passive jump Customer is provided below:

Should an agency require support from CentralSquare, a call would be placed and/or a support ticket opened in the portal on the CentralSquare customer support website. Before accessing the agency’s system and/or environment, the CentralSquare representative would send a notice of connection from the CentralSquare support portal instance. This notice can be sent to the individual at the agency that the CentralSquare representative is working with or other designated contacts as necessary. Upon receipt of the notice of connection, the agency personnel would enable the BeyondTrust jump Customer. The CentralSquare representative would then be admitted to the agency’s system and/or environment to perform the necessary task. Upon completion of the task, the CentralSquare representative sends a notice of disconnection from the CentralSquare support portal instance. Upon receipt of the notice of disconnection, the agency personnel would then disable the BeyondTrust jump Customer.

Securelink
Similar to BeyondTrust’s escorted session, Securelink may be utilized via “quick connect”. To enable a quick connect session when an agency needs assistance from CentralSquare, the Agency employee requesting assistance will enter a key code in order to connect for screen sharing on a device.

Similar to the jump Customer methodology, SecureLink may also be utilized via “gatekeeper”. The sample workflow description for a jump Customer provided above is substantially similar to the workflow for gatekeeper.

Summation
BeyondTrust and Securelink allow customers the ability to monitor connectivity to the customer’s network and maintain CJIS compliance while enabling CentralSquare to perform the necessary support functions.

CST-2024-101992
EXHIBIT 4
Certificate of Insurance (Evidence of Coverage)
CST-2024-101992

CST-2024-101992
Exhibit 5
Statement of work
Project: Vallejo CA, Enterprise Asset Management (EAM)
CentralSquare is implementing a configurable, commercially available, off-the-shelf solution. The parties mutually agree and acknowledge this Statement of Work (SOW) is to be a planning and general guidance document, not the detailed requirements or design of the solution (which will occur after contract signing).

Project Start Date
Parties agree the Project Kickoff Meeting will be scheduled within sixty (60) days from the Effective Date of the CentralSquare Solutions Agreement.

Services Scope
The following outlines the proposed methodology for the project management, consulting, configuration, testing, training, and other services work necessary for the implementation.

Functional Groups
The Enterprise Asset Management solution will be implemented for the City for the following functional groups:

Phase 1:
•Water Distribution
•Water Treatment Plant
•Streets
•Traffic
Phase 2:
•Facilities
•Fleet
•Police / Fire / IT Equipment
•Inventory
Project Teams
Project teams from all parties will include functional experts, technical resources, and decision makers. CentralSquare and the Customer agree to make all necessary arrangements to ensure resources are available at each stage to ensure timelines are met. CentralSquare uses a RACI (Responsible, Accountable, Consulted, and Informed) chart to outline the expectations from each member of the team, from all parties. A sample RACI Chart can be found below.

Project Management Methodology
The implementation is conducted by a cross-functional team of experts from several departments within CentralSquare led by the assigned Project Manager. A phased approach to project management is followed to ensure the critical services are consistent and results are achieved. Phases include:

Initiation: This phase includes the contract execution and transition to the Service Delivery team. CentralSquare may schedule an all-team meeting to kick off the project. The kickoff meeting will include time for the project managers from both teams to review all contractual documentation and begin the process of finalizing the integrated project schedule.

Planning: During the planning phase, the project managers from both teams will meet to discuss all tasks and resources necessary to successfully complete implementation. The project team from CentralSquare will be finalized, project governance will be established, and a communications plan will be drafted and shared with the parties.

CST-2024-101992
Deliverables during the planning phase include the integrated baseline project schedule, communications plan, resource plan, and governance plan.

Monitor and Control: Throughout the project, the project managers will work together on monitoring and controlling the overall project health. This includes regular status meetings/reports, quality reviews, managing risks/issues, and managing resources. Project managers will work together to manage the overall timeline, scope and respective budgets, as well as ensuring the customer’s objectives are being met along the way. Any items determined to be out of scope will be immediately address by Central Square and customer Project Manager.

Deliverables during this phase include regular status reports, risk/issue log, regular stakeholder meetings, and all project schedule updates.

Project Close Out: The final stage of the project includes an introduction and transition to the Customer Support team and the Customer Success team. During transition, the project managers will work together to conduct an audit of tasks and deliverables associated with the project. Any mutually agreed upon delayed deliverables will be scheduled for post go-live and documented. Any contracted post go-live activities will be reviewed and scheduled as necessary before transition to Customer Support.

Implementation Methodology
CentralSquare Professional Service Consultants and Project Manager follow a standard implementation approach divided into stages throughout the course of the project. Several types of services and resources (defined herein) will be used during each stage to complete the necessary steps for successful deployment of the contracted services.

Installation:

CentralSquare Cloud Services team will deploy the EAM environment in the appropriate Amazon Web Services (AWS) region and generate the City’s master configuration profile. This configuration includes the various backend account information the EAM uses, accounts for the City to remote to the “Desktop Utilities Machine”, and the EAM software version to be used. This information is stored in a secure, client-specific storage “bucket” that only the EAM automated provisioning system can access.

CentralSquare will execute an AWS Cloud-formation script that takes all configuration information and automates the creation of the Customer’s entire environment (network, firewall rules, hosts, database, load balancers, etc.) to best optimize the hosting environment for the EAM. Once the environment is up, CST will perform connectivity tests to ensure the environment is functioning properly.

Participation in the Installation task will include CST Project Manager, CST Cloud Specialist and the City's IT Subject Matter Expert.

Analysis:

During this stage of the implementation, CentralSquare Consultants will meet with the Customer’s functional experts to review the current workflows of key functions impacted by this project and the contract software. In this stage we also begin the process of data conversion by analyzing your legacy data. Significant tasks include:

Major Task Description
Business Process Review Workshop meetings with different areas of EAM reviewing and analyzing all key business processes. All sessions will be discussions on processes relating to that area within EAM.

Workflow setup The consultant will use a work-booking process to gather the required inputs for all possible workflow combinations within the Work modules. Categories help organize work by organizational division and asset type, Problems define the reason work is being done, Tasks identify the actions taken and Causes capture the reason the Problem occurred.

GIS Integration The GIS specialist will first perform a GIS audit to review the existing GIS architecture and discuss ESRI deployment options. A data mapping exercise will then align each GIS feature class CST-2024-101992
Major Task Description
layer to the pertinent asset module and the GIS data will be loaded into EAM using synchronization tools. Once the initial GIS data has been loaded, the various system settings will be adjusted to refine how data flows between EAM and GIS to ensure full synchronization for all editing workflows.

Data Migration Mapping The process of mapping legacy data to the destination module in the CentralSquare EAM system. This includes vertical asset data migration as well as core Workflow setup configuration data.

Configuration:

Finalizing the EAM configuration will be a collaborative process driven by the functional requirements discovered during the business process review and through consultative engagements between CentralSquare staff and the customer’s Subject Matter Experts. Significant tasks include:

Major Task Description
System Configuration The consultant will build the initial configuration based on the Business Process Review and Workflow Setup activities. Further refinement of the system configuration will be performed collaboratively with subject matter experts from each functional group.

Vertical Assets A workbook process will be used to gather all vertical assets to be loaded into EAM. Hierarchy definitions by plant process and / or facility location will be assigned through this process to allow for easy drill-down navigation of the assets. The EAM Import & Update tool will then be used to load the vertical assets and hierarchy relationships into the respective modules.

Configuration Validation The consultant will work with the system administrator to develop an Acceptance Test Plan to verify the configured EAM meets the stated functional requirements.

Admin Skills Workshops Training classes, designed as hands-on workshops, include building code tables, picklists, system settings, and assignment of security permissions. Designed for supervisors, system administrator, and staff with decision-making authority. Please see below for more details.

Admin Skills Workshops:

The System Administrator training classes are designed as hands-on workshops, include building code tables, picklists, system settings, web dashboard / form / view configuration and assignment of security permissions. Designed for supervisors, system administrator, and staff with decision-making authority, these workshops help define the application configuration process for designated project committee members. These classes should be attended by those responsible for maintaining user information and code tables, as well as by subject-matter experts in the specific application area.

Class time focuses on configuration under the guidance of the assigned CentralSquare trainer, as well as to discuss CentralSquare recommendations regarding potential configuration options as identified. Details on the training agenda will be defined in the Training Plan.

Class Title Training Type Intended Audience Topics Location System Admin
Training
Instructor-led System Admins System Settings
Web Configuration
Work Flow Setup
Security
Import & Update
EAM and GIS Integration
GIS Map Setup
Remote
Integration / Interfaces:

Integrations are addressed on a case-by-case basis; we develop Integration Design Documents that define how systems should communicate and share information. These documents are used to prepare detailed scopes to develop, test, and implement designed integrations based on the City’s defined requirements. Integrations and/or interfaces contracted for this project include:

CST-2024-101992
Integration/
Interface
Use of System Type / Frequency Import/
Export
Interface Method
ESRI GIS Uses a published feature service to
synchronize data and display map data
within the system.

Daily / Weekly /
Monthly / As
needed
Import /
Export
Web services
Accounts Interface to lookup Finance Enterprise (FE)
General Ledger and Job Ledger accounts
from within Enterprise Asset management
(EAM).

Daily / Weekly /
Monthly / As
needed
Import Web services
Employees & Payroll Interface to import employees from FE to EAM and to export labor cost details for
employee time entered in EAM Work
Orders to FE.

Daily / Weekly /
Monthly / As
needed
Import /
Export
Web services
Work Orders Interface to export work order numbers
and resource cost details entered in EAM
Work Order to FE.

Daily / Weekly /
Monthly / As
needed
Export Web services
Stores Inventory Interface to associate inventory items to EAM work order from FE Stores Inventory
and push inventory requests from EAM to
FE.

Daily / Weekly /
Monthly / As
needed
Import Web services
Purchasing Interface to export purchase requests from
EAM to FE Purchasing for processing.

Daily / Weekly /
Monthly / As
needed
Export Web services
Fixed Assets Interface to lookup FE Fixed Assets from
within EAM Asset records.

Daily / Weekly /
Monthly / As
needed
Import Web services
Accounts Receivable Interface to associate FE Customer to the EAM work order for billing and to export
Work Order costs from EAM to FE
Accounts Receivable for processing.

Daily / Weekly /
Monthly / As
needed
Import /
Export
Web services
SCADA Import Equipment Hourmeter Runtimes Daily / Weekly / Monthly / As
needed
Import EAM Import &
Update
Testing:

Testing will assess your team’s readiness for Go Live. It is an iterative process, conducted by the client, to verify the configured EAM meets the stated functional requirements. This phase in especially important to ensure a smooth transition at go-live. Significant tasks include:

Testing Tasks Definition
Planning CST will work with the System Administrator to develop an Acceptance Test Plan to verify the configured EAM meets the stated functional requirements. This Plan will include user test scripts covering the various EAM functions
Issue Tracking CST will collaborate with the System Administrator to maintain a log of issues, configuration problems, and software malfunctions identified during testing Issue Resolution CST will work collaboratively to resolve all such issues, problems and malfunctions to the customer’s satisfaction
Acceptance Testing System Administrator will perform acceptance testing to ensure acceptance criteria items have been addressed, and certify EAM is ready for “go-live”
CST-2024-101992
Training:

CentralSquare will ensure the preparation, documentation, and delivery of training is effective across all of CentralSquare branded core applications, add-ons, and interfaces. CentralSquare Consultants work with customer administration and subject matter experts to establish a training plan to include the course objectives, schedule, location(s), and participants.

End-User Training:

End-user training provides hands-on, process-based instruction focusing on key tasks related to users’ job responsibilities.

A CentralSquare instructor provides materials and facilitates training on the chosen contracted solutions. End-user classes incorporate extensive activities based on realistic scenarios focusing on processes and tools within the applications for productive use of the system at and after Go-Live. Topics in end-user classes will include data entry, searching, reporting, and application navigation. End-user training will be delivered in a Train-the-Trainer approach. Details on the training agenda will be defined in the Training Plan.

Core Solution Training Type Intended Audience Topics Location Overview
Training
Instructor-led
Training
System Administrators
SMEs
End Users
EAM Overview
Dashboards
Forms / Views
Document Control
Remote
Work Requests Instructor-led
Training
System Administrators
SMEs
End Users
Customer Information
Request Information
Remote
Work Orders Instructor-led
Training
System Administrators
SMEs
End Users
Status Tracking
Workflow Setup
Resource Tracking
Assets / Locations
Remote
Preventive
Maintenance
Instructor-led
Training
System Administrators
SMEs
Workflow Setup
Scheduling
Resource Cost Estimates
Work Templates
Assets / Locations
Remote
Assets Instructor-led
Training
System Administrators
SMEs
End Users
Attribute editing Remote
Asset
Inspections /
Readings
Instructor-led
Training
System Administrators
SMEs
End Users
Condition Assessment
Readings / Monitoring
Remote
GIS Instructor-led
Training
System Administrators
SMEs
End Users
Show in Map
Create Request in Map
Create Work Order in Map
Add XY from Map
Remote
Inventory Instructor-led
Training
System Administrators
SMEs
FE Warehouses
Material Setup / FE Sync
Work Order Material Entry
Remote
CST-2024-101992
Deployment:

Once the project passes the Go-Live readiness assessment, final planning for Go-Live takes place. This will include completing the staging of the production environment, defining a communications plan for Go-Live, and defining a Go- Live schedule that is mutually accepted significant tasks include:

Major Task Description
Configure Production
Environment
CentralSquare Consultant completes the Configuration Validation checklist of the system to verify system is configured to meet the requirements.

Plan Cutover Schedule
and Comunications
Describes tasks to be handled by CentralSquare and Customer personnel during the initial cutover to Go-Live, including a detailed schedule of CentralSquare personnel covering each shift with resources, process for reporting issues, how they will be handled or escalated, contact names/phone numbers onsite staff, remote and third-party vendors.

Execute Go Live The transition from the legacy system to the EAM system. Conducts normal day-to-day business with the new system.

Go Live Support This session will be used to provide support for Go Live. The topic will be determined by client needs.

CST-2024-101992
Sample RACI Chart

CST-2024-101992
EXHIBIT 6
Service Level Commitments
The following applies to any CLOUD (non-OPS designated) Software Subscriptions on Exhibit 1 as a cloud hosted Solution.

1. Service Level Commitments
A. Availability. During any calendar month, the availability of the Solution shall be no less than 99.9%, excluding scheduled maintenance. CentralSquare shall provide Customer with prompt notification as soon as it becomes aware of any actual or potential unscheduled downtime of the Solution, as well as continual periodic updates during the unscheduled downtime regarding CentralSquare’s progress in remedying the unavailability and estimated time at which the Solution shall be available.

B. Measurement. Service availability is measured as the total time that the solutions are available during each calendar month for access by Customer (“Service Availability”). Service Availability measurement shall be applied to the production environment only, and the points of measurement for all monitoring shall be the servers and the internet connections at CentralSquare’s hosted environment.

C. Calculation. Service availability for a given month shall be calculated using the following calculation:

I. The total number of minutes which the service was not available in a given month shall be subtracted from the total number of minutes available in the given month. The resulting figure is divided by the total number of minutes available in the given month.

II. Service availability targets are subject to change due to the variance of the number of days in a month.

III. The total number of minutes which the service was not available in a given month shall exclude minutes associated with scheduled or emergency maintenance.

D. Remedy. If the service period target measurement is not met, then the customer shall be entitled to a credit calculated as follows:

Service availability Credit percentage
Less than 99.9% but greater than or equal to 99.0% 5%
Less than 99.0% but greater than or equal to 95.0% 10%
Less than 95% 20%
Service Availability in the relevant
Service Period
Percentage Reduction in Monthly Fee for the
Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0% 5%
Less than 99.0% but greater than or equal to 95.0% 10%
Less than 95% 20%
E. Credit must be requested by the customer within sixty (60) days of the failed target. Any credit awarded shall be applied to the next applicable invoice. Customer shall not be eligible for credits where customer is more than thirty (30) days past due on their account.

2. Exceptions. The Service Level Commitments and availability stated in this Exhibit do not cover services interruptions or performance issues that are caused by factors outside of CentralSquare or it’s hosting partner’s control. Such factors may include, but are not limited to:

A. Internet Access. Issues relating to Customer’s internet access. Any outages, slowdowns, or other problems related to the internet connection are explicitly disclaimed; CST-2024-101992
B. Customer’s Internal Network Issues. Issues originating from Customer’s internal network such as network congestion, network equipment failure, or misconfigurations are explicitly disclaimed; C. Third-Party Acts. Issues caused by the acts or omissions of third-parties, including providers of internet services, or for issues arising from third-party software or hardware that is not provided by CentralSquare is explicitly disclaimed;
D. Gross Negligence or Willful Misconduct. Issues relating to the failure or delay in performance to the extent caused by the acts or omissions of Customer or its agents constituting gross negligence or willful misconduct are explicitly disclaimed; and,
E. Force Majeure. A force majeure event such as natural disasters, acts of God, or any other cause constituting force majeure are explicitly disclaimed.

3. Server Performance & Capacity. The standard provisioning of storage for the cloud solutions is 1 terabyte.

If Customer requests to add additional Software, increase storage or processing requirements, and/or request additional environments, these requests will be evaluated and if additional resources are required to support modifications, additional fees may apply at per unit (gigabyte, hour, license, etc).

4. Non-Production Environments. Included in the subscription fee is access to the training environment during the hours of 8:00am – 4:00pm EST, Monday through Friday. Should the Customer require extended access for items such as internal training, CentralSquare can make exceptions provided that Customer provide reasonable advance written notice. CentralSquare will then work with the Customer to enable access in accordance with an agreed upon schedule.

RESOLUTION NO. 24-_____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN AGREEMENT WITH CENTRAL SQUARE LLC IN AN AMOUNT NOT TO EXCEED $481,155

FOR THE ENTERPRISE ASSET MANAGEMENT SOFTWARE LICENSE AND

IMPLEMENTATION PROFESSIONAL SERVICES COST AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, City of Vallejo uses Central Square for its financial and permitting software since the mid-nineties; and
WHEREAS, Central Square has acquired a reputable (E.A.M) Enterprise Asset Management company and incorporated the software into their product portfolio; and WHEREAS, after a thorough evaluation the staff has determined this software is a good fit to replace the antiquated fleet management system; and
WHEREAS, implement the (E.A.M) Enterprise Asset Management System in Public Works, Corp Yard, Fleet, Police, Fire, and Information Technology Departments; and WHEREAS, the annual cost of software subscription will be paid by the public works departments; and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an agreement with Central Square LLC in an amount not to exceed $481,155 for the enterprise asset management software license and implementation professional services cost in the form attached hereto as Exhibit A and authorizes the City Manager to execute same Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024 with the following vote:

AYES:

NOES:

ABSENT:

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

CONSENT CALENDAR 8.H.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Rekha Nayar, Finance Director
SUBJECT: ADOPT A RESOLUTION APPROVING A FIVE-YEAR AGREEMENT WITH WELLS

FARGO BANK, A CALIFORNIA-BASED COMPANY, TO PROVIDE A COMPREHENSIVE

RANGE OF BANKING SERVICES TO THE CITY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a five-year agreement with Wells Fargo Bank, a California-based company, to provide a comprehensive range of banking services to the City and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
On December 31, 2024, the existing agreement to provide banking services will expire. Staff is requesting that Council authorize the City Manager to execute a new contract with Wells Fargo Bank for a five-year term, based on Wells Fargo Bank's technological capabilities and operational extensiveness and the quality customer service that the City of Vallejo has received from Wells Fargo Bank during bankruptcy and for the past twenty-four years.

BACKGROUND AND DISCUSSION
On August 14, 2024, staff initiated a Request for Proposal (RFP) to ensure competitive banking service providers, lower cost and advanced secure technology. After thoroughly analyzing and discussing each proposal, staff recommends entering into an agreement with Wells Fargo Bank based on: 1) its technological capabilities and operational extensiveness; 2) the strength and stability of Wells Fargo Bank; and 3) the quality customer service that the City of Vallejo has received from Wells Fargo Bank during bankruptcy and for the past twenty-four years. The proposed Banking Services Agreement would commence January 1, 2025 and terminate December 31, 2029, with an annual cost of $111,550 and a five-year term agreement of $557,750. The Banking Services Agreement provides the City with the option to renew for three (3) additional two-year terms, by written notice to Wells Fargo Bank, up to a maximum eleven- (11-) year term.

City bank deposits are around $300 million annually with a similar amount of payments issued to vendors. These deposits come from a variety of traditional sources, such as direct payment of checks, cash, and credit cards to pay the City for taxes and services, as well as other types of deposits such as on-line payments, payments by federal and state agencies, and deposits from lockbox facilities. Payments to vendors are also made in several different ways.

This high level of financial activity, the complexity of the City’s financial operations, and the need to provide a safe and prudent stewardship of taxpayer funds require a full-service financial institution with experience providing banking services for large governmental entities. Wells Fargo Bank provides a full suite of services including: (1) “positive pay” to limit fraudulent check activity, (2) processing of City payroll, (3) timely processing of all types of deposits, (4) a sophisticated on-line banking system providing an array of reporting, reconciliation, and payment services, and (5) cutting edge technology increasing the efficiency of banking transactions such as the use of remote deposit scanners.

The proposed banking services and projected costs are grouped into two distinct categories (see chart below):

Date: December 10, 2024
Subject: ADOPT A RESOLUTION APPROVING A FIVE-YEAR AGREEMENT WITH WELLS

FARGO BANK, A CALIFORNIA-BASED COMPANY, TO PROVIDE A

COMPREHENSIVE RANGE OF BANKING SERVICES TO THE CITY AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

Group Number

Service
Projected Not-to-Exceed
Annual Cost
Direct Costs:

Group 1 General Banking $ 94,000
Group 2 Merchant Services (credit card
payments) - Pass Through Account
$17,500
Annual Total $111,500

Over the contract period, the Bank Service Agreement includes both direct costs and all pass-through fees (costs) the City will incur. Direct costs are costs the City actually incurs when the bank is performing its banking scope of services; pass-through fees or costs are indirect costs the City incurs through a third party but which the bank pays on the City’s behalf. Examples of indirect or pass-through costs are credit card fees paid to Visa and Mastercard as determined by them.

FISCAL IMPACT
The agreement to be awarded to Wells Fargo Bank is for an amount not to exceed $557,500 over the term of five years. Funding for the base period of this agreement is included in the FY 2024-25 approved budget.

Budget authority for subsequent years will be requested in each budget cycle for Council approval.

Actual annual costs will depend on the volume and mix of fees or services.

ENVIRONMENTAL REVIEW
This action does not constitute a project as defined by the California Environmental Quality Act (CEQA) pursuant to section 15378 (b)(4) of Title 14 of the California code of Regulations and is therefore not subject to environmental review.

ATTACHMENTS

1. RESO - Banking Services Agreement 2024_CAO Stamp

2. Exhibit A - City of Vallejo Banking Services Agreement_CAO Stamp

CONTACT
Rekha Nayar, Finance Director, (707) 648-5433
[email protected]

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A FIVE-YEAR AGREEMENT WITH WELLS FARGO BANK, A

CALIFORNIA-BASED COMPANY, TO PROVIDE A COMPREHSENIVE RANGE OF

BANKING SERVICES TO THE CITY AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
WHEREAS, Vallejo Municipal Code 3.20.050 requires City Council approval to spend amounts in excess of $100,000 to a vendor in a fiscal year; and WHEREAS, the existing agreement with Wells Fargo Bank to provide banking services will expire on December 31, 2024; and
WHEREAS, on August 14, 2024, the City of Vallejo Finance Department (“City”) initiated and advertised a Request for Proposal for banking services and received two bids; and WHEREAS, Wells Fargo Bank submitted its bid with an annual cost of $111,550 and a five-year term agreement of $557,750; and
WHEREAS, the City thoroughly reviewed and analyzed the bid and determined that Wells Fargo Bank submitted the most advantageous bid to the City due to its technological capabilities and operational extensiveness, its strength and stability as a financial institution, and the quality customer service that the City has received from Wells Fargo Bank during bankruptcy and for the past twenty-four years; and
WHEREAS, the City seeks to contract banking services from Wells Fargo Bank, a California- based company (“Wells Fargo Bank”).

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VALLEJO, CALIFORNIA AS FOLLOWS:

Section 1. The City Council hereby approves the Banking Services Agreement between the City of Vallejo and Wells Fargo Bank attached hereto as Exhibit A, for a term of five years, commencing on January 1, 2025, and expiring on December 31, 2029, at an annual cost of $111,550.

Section 2. The City Manager for the City of Vallejo is hereby authorized to execute said Agreement on behalf of the City of Vallejo with any modifications recommended by the City Attorney.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 10, 2024 with the following vote:

AYES:

NOES:

ABSENT:

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

BANKING SERVICES AGREEMENT

This Banking Services Agreement (the “Agreement”) is made at Vallejo, California, dated for reference this first day of January 2025, by and between the City of Vallejo, a municipal corporation ("City"), Wells Fargo Bank, N.A., ("Bank") and Wells Fargo Merchant Services, LLC (“WFMS”) (referred to individually as defined herein and collectively as Servicers) who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement (a) Bank shall provide the City banking services as specified in Exhibit A, entitled "Scope of Work," (the “Services” and each a “Service”) and (b) WFMS shall provide the City with merchant processing services as specified in Exhibit E (the “Merchant Services”). Services does not include Merchant Services.

2. Payment. City shall pay Bank 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 Bank for Services rendered pursuant to this Agreement. City shall pay WFMS for the Merchant Services pursuant to this Agreement as specified in Exhibit F.

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

4. Liability and Indemnification.

(a) Servicers Liability. Each Bank and WFMS will only each be liable to the City for the City’s direct monetary losses due to each Bank and WFMS’ own respective negligence or intentional misconduct resulting from or relating to this Agreement, except to the extent caused by the negligent acts, omissions, or willful misconduct of the City, its officers, employees, agents, or employees . Except in cases of Bank or WFMS’ own fraud or intentional misconduct, each Bank’s and WFMS’ respective aggregate liability under this Agreement (i ncluding subsection (b), Indemnity below) will be limited to an amount not to exceed 10 times each Bank’s and WFMS’s respective fees incurred during the calendar month immediately preceding the calendar month in which such loss or damages were incurred (or, if no fees were incurred in such month, fees incurred in the month in which the losses or damages were incurred). Except as express ly provided otherwise in the Agreement, neither party to this Agreement (including under subsection (b), Indemnity below) will be liable to the other party for any special, consequential, incidental (including without limitation court costs and attorneys' fees), indirect, or punitive losses or damages, whether any claim is based on contract or tort, or whether the likelihood of such losses or damages was known to the other party and regardless of the form of the claim or action.

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(b) Indemnity. During the term of this Agreement, Bank will indemnify, defend and hold harmless City and its officers, directors, employees, agents and assigns (the "Indemnified Parties") from and against all third party losses or damages (collectively, "Losses") arising out of, resulting from or relating to t he performance of the Services provided hereunder which are, in each case, directly caused in whole or in part by the negligent or intentional misconduct of Bank or any of its officers, directors, employees, agents, subcontractors or assigns, except to the extent such Losses are caused by the negligence or intentional misconduct of an Indemnified Party. Indemnification by WFMS is addressed exclusively in Exhibit E.

i) If any Indemnified Party determines to seek indemnification from Bank under subsection (b) above, the Indemnified Party shall provide written notice of the suit, claim or action to Bank as soon as practicable but in any event not later than ten (10) business days following the Indemnified Party’s receipt of notice of such suit, claim or action. Said written notice shall specify in detail: (i) the facts constituting the basis for the allegations and (ii) if known, the aggregate amount of Losses for which a claim is being made, or to the extent that such Losses are not known or have not been incurred at the time such claim is made, an estimate, to be prepared in good faith and accompanied by supporting documentation, of the aggregate potential amount of such Losses.

ii) In the case of any suit, claim or action for which indemnification is sought by any Indemnified Party under subsection (b) above, the Indemnified Party shall permit Bank to assume and control the defense or settlement of such suit, claim or action at Bank’s expense. The Indemnified Parties and Bank shall reasonably cooperate in the investigation, pre-trial activities, trial, compromise, settlement, discharge and/or defens e of any suit, claim or action for which indemnification is sought under subsection (b) above, and the records and employees of the Indemnified Parties shall be made reasonably available to Bank with respect to such defense.

(c) City’s liability and indemnification obligations are as provided in the Bank’s “Service Documentation” (as that term is defined in the Master Agreement for Treasury Management Services), attached hereto as Exhibit D.

5. Insurance Requirements. Servicers agree to comply with all of the Insurance Requirements set forth in Exhibit C, entitled "Insurance Requirements for Servicers ." Failure to maintain required insurance at all times shall constitute a default and material breach of this Agreement.

6. Agreement Documents.

(a) The Agreement consists of this executed agreement, the first 1 2 pages through the signature page (the “Framework Agreement”), and the following attached Exhibits, each of which is incorporated herein by reference:
i) Exhibit A: Scope of Work;

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ii) Exhibit B: Compensation (including Pricing Schedule for TM Services attached thereto);
iii) Exhibit C: Insurance Requirements;
iv) Exhibit D: Service Documentation;
v) Exhibit E: Merchant Processing Terms and Conditions; and vi) Exhibit F: Merchant Processing Pricing Schedule.
(b) Bank will provide the Services described in the Pricing Schedule for TM Services attached to Exhibit B in accordance with the Service Documentation, which is attached to the Agreement as Exhibit D.
(c) In the event of any conflict between any provision of the Framework Agreement and any provision of the Exhibits, the order of preference shall be (i) for the Services, the order in which the documents appear above in section 6 (a) “Agreement Documents,” beginning with the Framework Agreement through Exhibit D, and (ii) for the Merchant Services, the order in which the documents appear above in section 6 (a) “.

Agreement Documents,” beginning with the Framework Agreement through Exhibit F.

7. Accident Reports. Bank shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing physical injury to persons or property occurring on the City’s property during the performance of this Agreement and the Services. 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.

8. Conflict of Interest. Bank and WFMS each warrant and represents, respectively, that to the best of its knowledge, there exists no actual or potential conflict between Bank’s and WFMS’ each respective business, real property or financial interests and the Services and Merchant Services to be provided by each Bank and WFMS, respectively, under this Agreement. Servicers shall not knowingly 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 Bank ’s or WFMS ’ respective business, real property, or financial interests that occurs during the term of this Agreement that creates an actual or potential conflict of interest, then each Bank or WFMS as applicable, shall disclose such conflict in writing to City.

9. Independent Contractor. Neither Servicer is an independent contractor. Neither Servicer nor any of Servicers officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any Services or Merchant Services pursuant to this Agreement.

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10. Licenses, Permits, Etc. Servicers, each respectively, represents and warrants to City that all 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 to the extent such licenses are required by applicable laws and that each Bank and WFMS respectively shall have all the permits, qualifications and approvals of whatsoever nature which are legally required for servicers to practice its profession and prov ide each the Services and Merchant Services, as applicable each Bank and WFMS . Servicers shall, at their 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 to provide the Services and Merchant Services, each respectively.

11. Standard of Performance . Servicers shall each perform all Services and Merchant Services, each respectively, required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with similarly situated financial institutions.

Bank and WFMS are each 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.

Servicers’ responsibilities under this section shall not be delegated. Each Servicer shall be responsible to City for acts, errors, or omissions of its subcontractors.

Notwithstanding the foregoing, an arrangement or agreement between either Bank or WFMS and a vendor or other third party that is not limited to the Services or Merchant Services, respectively, provided to the City under this Agreement and under which such vendor or other third party assists or may assist each Servicer, respectively providing services or products to its customers generally shall not be considered a "subcontr act", "assignment" or "delegation" of work or services for purposes of this Agreement and such a third party service provider or vendor is not a “subcontractor” or “vendor” under this Agreement. In the event either Servicer uses such a vendor or third party to provide Services to the City under this Agreement, said Servicer shall remain fully responsible to City for the performance of all of its obligations under this Agreement including those performed by such vendor or third party.

Servicers will perform their obligations in accordance with: (i) applicable federal laws, (ii) applicable state and local laws and regulations to the extent, in said Servicers’ opinion, compliance would not conflict with applicable federal laws or industry banking practice or its own policies and procedures ;(iii) Bank’s Service Documentation, which governs the accounts and Services; and (iv) the Merchant Services terms and conditions (Exhibit E), which governs the Merchant Services component.

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, including but not limited to war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

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In the event that either Servicer is unable to meet the completion date or schedule of services, as applicable, said Servicer shall promptly 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. City to Administer Agreement. City hereby designates, appoints and authorizes the City Manager or Finance Director of the City to administer this Agreement, including the power to: (i) authorize specific services pursuant to the provisions of this Agreement, (ii) execute any documents, including service agreements, on behalf of City necessary in the performance of, or pursuant to, this Agreement, (iii) perform those certain acts required or authorized to be performed by such Treasurer by the Banking Statut e, (iv) negotiate the price of any Services or Merchant Services , the cost of which is not specifically set forth in the Contract Appendix, (v) negotiate the price of and execute agreements for other additional services related to the Services or Merchant Services for accounts covered by this Agreement, and (vi) terminate this Agreement pursuant to Section 18., “Termination or Abandonment by City.” Notwithstanding the foregoing, City will complete Bank-or WFMS, as applicable, required documentation for designating City personnel authority in connection with the Services or Merchant Services, including but not limited to the Bank’s Authorization Certificate for designating Authorized Representatives (as that term is defined int the Authorization Certificate) , and the Bank will rely exclusively on City designations made using the Bank’s provided documents maintained on file by Bank.

15. Personnel. Servicers agree to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform Services and Merchant Services under this Agreement. In the event the City has any concerns about the competency of Bank’s personnel assigned to provide Services and Merchant Services under the Agreement upon notice to Bank or WFMS, as applicable, Bank or WFMS, as applicable, will promptly meet with the City to address the City’s concerns.

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

Servicers shall pay, when and as due, any and all taxes incurred as a result of Bank compensation hereunder, including estimated taxes.

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

17. Term. The term of this Agreement shall be for a term of five (5) years commencing on January 1, 2025, and shall continue in full force and effect until December 31, 2029.

City shall have the option to request to renew this Agreement for three (3) additional two-year terms, by written notice to each Bank or WFMS, as applicable. Any renewal of the Agreement of extension beyond its initial term will be at the mutual agreement of the parties. The total duration of this Agreement, including any renewals or extensions under this section, shall not exceed eleven (11) 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, Servicers agree, that upon at least 30 days’ notification by the City that the City may terminate any services supplied to City of Vallejo under this Agreement, and City will be relieved of any further obligation therefore, after City provides compensation for Services and Merchant Services.

18. 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 or Merchant Services to be provided under this Agreement by giving notice to either Bank or WFMS, as applicable.

Upon receipt of a notice of termination, Servicers shall cease performing the Services and Merchant Services as of the date specified in the notice or other date agreed upon by the parties . Before the date of termination, upon written request of the City, Servicers shall deliver to City all City provided records and documents other documents made available to Servicers’ customers in the normal course of Servicers’ business as of the date of termination and not otherwise previously delivered.

The City shall pay for Services and Merchant Services performed in accordance with this Agreement through the termination of performance the Services and Merchant Services. If this Agreement 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 perfor med shall be based on an amount mutually agreed to by City and Bank for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Bank 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, which includes payment Services provided to the City through t o the termination of the Services and accounts .

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Notwithstanding the foregoing, City’s termination of the Agreement, or any Service, will not affect City’s or Bank’s respective rights and obligations with respect to the Service(s) provided before the termination including without limitation Transactions (as that term is defined in the Service Documentation).

19. Termination by Bank or WFMS. Bank may terminate the Agreement or terminate or suspend any Service provided under the Agreement for any reason upon at least 180 days’ written notice to City of such termination. Bank may suspend any Service after Bank notifies the City of a breach of any provision of the Agreement and the City fails to cure the breach within 30 days of the date of the notice. Termination by WFMS is addressed exclusively in Exhibit E.

20. Bank Office. Unless otherwise approved by the City, most if not all accounts of City established pursuant to this Agreement shall be maintained at Bank's Government Banking Group in Concord at the address indicated below in Section 24. City will be permitted to make deposits or conduct other business at one of Bank's branches subject to availability of services requested by the City at the branch.

21. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Servicers in connection with the Bank’s performance of the Services and Merchant Services hereunder.

22. 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.

23. Non-Discrimination/Fair Employment Practices.
(a) Servicers 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.

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

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24. 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:

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

With a copy to:

City of Vallejo City Attorney
555 Santa Clara Street
Vallejo, CA 94590

If to Bank:

Zina Monroe
Government & Institutional Banking
Lead Relationship Manager
Wells Fargo Bank, N.A.
1655 Grant Street, 3rd Floor
MAC A0397-031
Concord, CA 94520

If to WFMS:

Wells Fargo Merchant Services, LLC
PO Box 6074
Concord, CA 94524
Attn: Account Management, Business Manager

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

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

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

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Documentation as provided in the Service Documentation. Additionally, if during the term of the Agreement , City requests and Servicers agree to provide additional services after the date of this Agreement, which are governed by additional service descriptions, pricing or other documents, Servicers shall provide a copy of those documents to City and the terms and conditions thereof shall be deemed to be incorporated herein by reference without the need to either amend the Agreement to add such service descriptions, pricing or other documents as attachments to this Agreement. Pricing for Services added as described in this section will be incorporated by reference into Exhibit B or Exhibit F, as applicable.

26. 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.

27. Law Governing. This Agreement shall in all respects be governed by the laws and regulations of the United States and 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 subj ect matter of any such litigation in such courts, and consent to service of process issued by such courts served in accordance with applicable law.

28. Waiver. Waiver by any 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; provided however that this section has no effect on terms in the Service Documentation requiring action on the part of the City in connection with the City’s use of the Services, including accounts, provided under this Agreement.

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

30. 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.

31. 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.

32. Compliance with Laws . Each party will comply -with all applicable statutes, regulations and ordinances that are applicable to their respective performance obligations under this Agreement.

33. Confidential City Information. Servicers will keep Confidential Information (meaning all non-public, confidential or proprietary information of City that is disclosed to

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Vallejo City CouncilDecember 10, 2024

Vallejo City Council
December 10, 2024