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

generator design process followed by, bidding, construction, testing, and completion of the Cordelia Water Pumping Complex permanent back-up power project. The Water Department negotiated a reduced rental rate for the agreed-upon extended term. The adjusted monthly rental rate was $32,760.00 (plus sales tax) from July 1, 2022 through June 30, 2023. The City Council approved a Rental Agreement with Peterson Power (the "Agreement") on July 1, 2022 in the amount of $500,000.00.

In June 2023, due to further delays in the permanent generator project CIP WT7065, the Water Department executed the First Amendment to the Agreement with Peterson Power Systems, Inc. adding a total not-to-exceed amount of $1,000,000 to the Agreement. Due to unprecedented low staffing in Water Engineering, volatility in supply chains, design, bidding and construction of the permanent back-up power system, completion of CIP WT7065 has been delayed beyond the originally expected timeframe.

The timeline for installation of the permanent generator is estimated to be early 2026. The design is expected to be completed by mid-2025, be put out to bid early fall of 2025, with construction during fall/winter 2025, and hopefully be placed online in early 2026. To ensure back-up generator power is available at the Cordelia Water Pumping Complex and to prevent power loss resulting in the facility becoming inoperable and jeopardizing consistent delivery of drinking water, the Peterson Power contract requires a Second Amendment, increasing the not-to-exceed amount by $500,000 to $1,500,000.

FISCAL IMPACT
This Second Amendment Agreement is for a not-to-exceed amount of $1,500,000 (a $500,000 increase from the First Amended Rental Services Agreement amount); the Water Enterprise Fund has sufficient funds in Fiscal Year 2024-2025 to cover the contract increase. There is no fiscal impact on the General Fund associated with this amendment agreement.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that 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.

ATTACHMENTS

1. Peterson - Reso for Second Amendment to 23-WD134_REV (1) CAO Stamp

2. Peterson - Second Amendment to 23-WD134 CAO Stamp

3. 23-WD134 PETERSON POWER SYSTEMS INC First Amendment

4. Peterson - Rental Agreement 23-WD134_Fully Executed

5. Peterson - COI Exp 04012025

6. Peterson - COI PL Exp 04012025

CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
Date: December 10, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A SECOND AMENDMENT TO THE RENTAL SERVICES AGREEMENT WITH PETERSON POWER SYSTEMS, INC. FOR GENERATOR RENTAL, ADDING $500,000, FOR A NEW NOT-TO-EXCEED AMOUNT OF $1,500,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.

Page 3 ends

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO APPROVE A

SECOND AMENDMENT TO THE RENTAL SERVICES AGREEMENT WITH PETERSON POWER SYSTEMS, INC. FOR GENERATOR RENTAL FOR A NOT-TO-EXCEED AMOUNT OF $1,500,000 AND AUTHORIZE THE CITY MANGER TO EXECUTE THE SAME.

WHEREAS, the City of Vallejo Water Department rents a generator for back-up power to the Cordelia Water Pumping Complex in the event of PSPS (Public Safety Power Shutoffs) or other power outages; and
WHEREAS, the Cordelia Water Pumping Complex is a central point to which multiple raw water sources are delivered and then pumped into the water system for storage and treatment, and its continuous operation is essential to the City’s ability to deliver reliable, compliant, and consistent drinking water services; and
WHEREAS, the City of Vallejo and Peterson Power Systems, Inc. executed a one-year contract in July 2022 (the “Agreement”) with the option to extend for four additional years, in the amount $500,000 for generator rental; and
WHEREAS, while the City’s permanent back-up power system is being bid and constructed (with timing impacted by equipment supply chain delays and limited contractor availability), the City of Vallejo will have a continued need to utilize the generator rental services provided by Peterson Power Systems, Inc. exceeding the original $500,000 contract amount; and the First Amendment to the Agreement added a total not-to-exceed amount of $1,000,000.

WHEREAS, the Second Amendment to the agreement is necessary to increase the not-to-exceed amount to $1,500,000.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the Second Amendment to the Rental Services Agreement with Peterson Power Systems, Inc., for the back-up generator rental services to increase the total not-to-exceed amount of the contract to $1,500,000 and authorize the City Manager to execute the 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
Second Amendment to Agreement Between City of Vallejo and Peterson Power Systems, Inc. Page 1 of 2 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

SECOND AMENDMENT TO RENTAL

AGREEMENT BETWEEN

CITY OF VALLEJO
AND
PETERSON POWER SYSTEMS, INC.

This Second Amendment (the “Second Amendment”) to the Rental Agreement executed by the City of Vallejo on July 1, 2022 (the “Agreement”), between Peterson Power Systems, Inc., a California Corporation (“Peterson”), and the City of Vallejo, a municipal corporation, (the”City”), is made and entered into on this 25th day of September 2024.

Peterson and City do mutually agree as follows:

1. Addition of Not-to-Exceed Amount. The First Amendment to Rental Agreement Between the City of Vallejo and Peterson Power Systems, Inc., added a not-to-exceed amount to the Agreement of One Million Dollars and Zero Cents ($1,000,000.00). This Second Amendment hereby increases the not-to-exceed amount of the Agreement to the amount of One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000.00).

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

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

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

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

6. Authority. The person signing Second Amendment for Peterson hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Peterson. IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.

Second Amendment to Agreement Between City of Vallejo and Peterson Power Systems, Inc. Page 2 of 2 (Revised 01.2019)
PETERSON POWER SYSTEMS, INC.,
a California Corporation
BY:

NORM LENZ
Peterson Power Systems, Inc.

DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

ANDREW J MURRAY
City Manager
DATE:

ATTEST:

DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:

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

ARMOND SARKIS
Risk Manager
Jul 6, 2023 3:46 PM, 1118826739
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Facilities Maintenance Staff Contact: Fernando Jimenez, [email protected] Contract Type: Amendment
Vendor: Peterson Power Systems, Inc. Vendor Number:101100 Business License Number: 11710122
Contract Not to Exceed Amount: 1000000.00
Contract Start Date: Jul 01, 2022 End Date: Jun 30, 2024 Authority to Contract: City Council Date to Council: Jun 27, 2023 Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 23-WD134
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager

Finance Department

City Attorney

City Manager

City Clerk

Return executed contract to: Fernando Jimenez
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 8/4/2023
8/7/2023
8/7/2023
8/7/2023
8/7/2023
8/7/2023
Jul 6, 2023 2:59 PM, 1118813556
Pre-Requisition Form

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Facilities Maintenance Staff Contact: Fernando Jimenez, [email protected] Vendor: Peterson Power Systems, Inc. Vendor Number 101100 Term: Multi-year Term
Anticipated Start Date: Jul 01, 2022
Anticipated End Date: Jun 30, 2025
Anticipated Contract Type: Amendment
Purchasing Authority: City Council Anticipated Date to Council: Jun 27, 2023 Total Projected Expenditure: 1000000.00

Multiple Project Numbers? Multiple Account Numbers? No, just one

Description of Proposed Purchase:

Peterson Power Systems, Inc. provides the City of Vallejo - Water Department with generator and ancillary parts as rental pieces of equipment for the pump stations.

I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is an existing vendor and I am working to take an action to the City Council because it will exceed the City- wide cap of $100,000 in a single FY.

Competitive Process: I have completed a Competitive Proposal Process for Services Winning Quote Uploaded: Yes

Explanation for Vendor Selection:

Peterson Power Systems, Inc. is undergoing its First Amendment and as such the vendor was already selected based on available quotes at the time
Other Comments:

Peterson Power Systems, Inc. will be undergoing its First Amendment for the original Council-approved contract (23-WD134) amount of $500,000 to $1,000,000 and extend through June 30, 2025.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNot sure
Original Contract/AgreementAmendment

Winning Bid/Quote/ProposalYes
DocuSign Envelope ID: C633C7A1-F4CF-4606-AA1A-AED999116585 DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097

DocuSign Envelope ID: C633C7A1-F4CF-4606-AA1A-AED999116585 DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 Pre-Requisition Signature Section

Department Comment

Delegated Signee: Beth Schoenberger
Title: Water Director
E-mail: [email protected]

_
Signature Date

Route Final HTE PO to City Clerk for Contract Log

DocuSign Envelope ID: C633C7A1-F4CF-4606-AA1A-AED999116585 7/6/2023
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097

First Amendment to Agreement Between City of Vallejo and Peterson Power Systems, Inc. Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO RENTAL

AGREEMENT BETWEEN

CITY OF VALLEJO
AND
PETERSON POWER SYSTEMS, INC.

This First Amendment to the Rental Agreement Between City of Vallejo and Peterson Power Systems, Inc. (the “First Amendment”) is entered into by and between Peterson Power Systems, Inc. , a California Corporation, hereafter referred to as “ Peterson,” and the City of Vallejo, a municipal corporation, hereafter referred to as “City”, on this 30th day of June 2023.

Consultant and City do mutually agree as follows:

1. Revised Term of the Agreement. The Rental Agreement Between City of Vallejo and Peterson Power Systems, Inc. which was executed by the City on February 28, 2023 (the “Agreement”) will expire on June 30, 2023. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on June 30, 2025.

2. Payment for Additional Services. In addition to the not to exceed amount of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) provided in the approval of the the Agreement, Peterson shall be paid an additional amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00) for supplying the generator described in the Agreement through June 30, 2025. The new not to exceed total amount is One Million Dollars and Zero Cents ($1,000,000.00).

Peterson agrees that the amount of increase in the not to exceed amount specified above shall constitute f ull total compensation maximum for the additional term and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant.

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

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

DocuSign Envelope ID: FA312098-CBB0-448B-BAF1-493B41666DA1 DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097

First Amendment to Agreement Between City of Vallejo and Peterson Power Systems, Inc. Page 2 of 3 (Revised 01.2019)

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

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

7. Authority. The person signing this First Amendment for Peterson hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

(SIGNATURES ARE ON THE FOLLOWING PAGE)
DocuSign Envelope ID: FA312098-CBB0-448B-BAF1-493B41666DA1 DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 First Amendment to Agreement Between City of Vallejo and Peterson Power Systems, Inc. Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

PETERSON POWER SYSTEMS, INC.,
a California Corporation
BY:

John Krummen
EVP/General Manager
DATE:
(City S
eal)

CITY OF VALLEJO,
a municipal corporation
BY:

MIKE MALONE
Cit
y Manager
DATE:

ATTEST:

DAWN G ABRAHA MSON
City Clerk

APPROVED AS
TO CONTENT:

BETH SCHOENBERGER
Water Director

APPROVED AS
TO FORM:

For
VERONICA A.F. NEBB
City Attorney

APPROVED AS
TO INSURANCE:

ARMOND SARKIS
Risk Manager
DocuSign Envelope ID: FA312098-CBB0-448B-BAF1-493B41666DA1 7/27/2023
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 8/7/2023

Since 1936

2828 Teagarden Street
P.O. Box 5258, San Leandro, CA 94577
Telephone (510) 895-8400
Fax (510) 352-4885

petersonpower.com

Peterson Power Systems Inc.
2828 Teagarden Street
San Leandro, CA 94577
510-618-5510 Tel
510-352-4885 Fax
www.petersonpower.com

June 30, 2022-June 30, 2023
Rebecca Lane
City of Vallejo
Subject: Rental Power & support City of Vallejo

Rental equipment & services offered:
• (Qty 1) Cat model XQ2000 277/480-volt 3-phase diesel engine driven sound attenuated trailer mounted generator equipped with 1250-gal fuel tank delivered with 200-gallons. PERP registered • (Qty 26) 50ft runs of 4/0 DLO power cable (8-per phase with no neutral and 2-ground conductors) • (Qty 1) 2500KVA 480volt – 4160volt transformer with trailer. • Deliver and pick up rental equipment
• Peterson technician start up support Monthly standby rental

(Qty 1) 2000KW generator................................................................... $29,500.00 (Qty 26) 50ft runs of 4/0 DLO with pigtails............................................. $3,900.00 (Qty 1) 2500KVA 480-4160 volt trailer mounted transformer ................ $5,750.00 (Qty 3) 100ft runs of 4/0 15KV power cable........................................... $1,800.00

Special standby discount ...................................................................... -$8,190.00 Subtotal monthly rental less sales tax.................................................. $32,760.00 Deliver and pick up rental equipment................................................ $3,600.00 Refueling after rental if required ............................................................... $6.95 per gal

Sub-total monthly rental less sales tax ................................................ $40,950.00

Customer responsibilities:
• Proper application and operation of the equipment
• Excessive cleaning or repairs due to customer neglect is chargeable to the customer • Promptly report any and all equipment related problems • Check and maintain engine oil level daily Prices quoted don’t include sales tax. Applicable tax charged on rental and fuel at the prevailing tax rate

Thank you,

Roman Javier
Rental Sales
(510)277-5663 Direct
[email protected]
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
P.O. Box 5668
A
C
2,000,000
69267567
69267567
10,000
4,000,000
X
04/01/23
Peterson Holding Company
Peterson Power Systems, Inc.

X
X
X CA4489668
4,000,000
X
04/01/23
A
04/01/24
X
X
X
DEDUCTIBLE: NIL
F
E
D
04/01/23
25,000
04/01/24
X
1,000,000
San Leandro, CA 94577
X
CA LIC 0B29370

ILLINOIS UNION INS CO

COLUMBIA CAS CO

WESTCHESTER SURPLUS LINES INS CO

NEW HAMPSHIRE INS CO
X

LEXINGTON INS CO

NATIONAL UNION FIRE INS CO OF PITTS
X
[Concord - Branch ID 15469]
Edgewood Partners Insurance Center (EPIC)
5,000,000
XX
1,000,000
N 04/01/23
04/01/23
Pollution Liability

COLL DED
B
Professional Liability
1,000,000
COMP DED $500
Excess Liability
X
04/01/23
04/01/23
04/01/23
04/01/24
04/01/24
X
[email protected]
Per Poll Condition
4,000,000
Per Claim/Agg
10,000,000 AGG
2,000,000GL5268175X
27960
Concord, CA 94524
31127
10172
23841
USA
19437
19445
PATRA01
A
800-234-6363
PPIG27058140012
CPB7018514054
G71796000004
080877677
04/01/24
Diana Novicio
4,000,000
X
500,000
1-925-798-3334
X
WC015893697 - Other States
WC015893698 - CA ONLY
925-887-6710
P.O. Box 5258
04/01/24
04/01/24
04/01/24
5,000,000
5M/5M
10,000,000
07/11/2023
X
RE: All Contracts/Written Agreements between the Certificate Holder and the Insured.

Additional Insured(s): The City of Vallejo, its officers, officials, employees, agents and volunteers. where required by written contract per policy form attached. policy form. WC Waiver of Subrogation Applies for California if required by written contract per the attached policy form.

Excess Policy is follow-form.

GL and Auto coverage is Primary and Waiver of Subrogation applies per the attached where required by contract per City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 SUPP (05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/Remarks from Page 1:

Additional Information:

Peterson Holding Company
Peterson Power Systems, Inc.

This page intentionally left blank.
07/11/2023
DocuSign Envelope ID: 2F5F5FFD-301F-42D5-84FB-2A9A84302097 POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-75
Any person or organization whom you
become obligated to include as an
additional insured as a result of any
contract or agreement you have entered
into.

Per the contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of12 'RFX6LJQ(QYHORSH,'
))))')')%$
$

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Insurance Services Office, Inc., 2018 CG 20 10 12 19Page of22 'RFX6LJQ(QYHORSH,'
))))')')%$
$

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-75
Any person or organization whom you
become obligated to include as an
additional insured as a result of any
contract or agreement you have entered
into.

Per the contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 11 'RFX6LJQ(QYHORSH,'
))))')')%$
$

This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by

ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF LIMITS OF INSURANCE
(Per Project or Per Location Aggregate Limit)
86681 (9/04) Page 1 of 2
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following:
[ ] Per Project General Aggregate Limit $
[ ] Per Location General Aggregate Limit $
[ ] Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID.

II. SECTION III - LIMITS OF INSURANCE , is amended to include the following:

1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B.

3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard".

4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization.

5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
3
GL 526-81-75 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA X 4,000,000
'RFX6LJQ(QYHORSH,'
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$

86681 (9/04) Page 2 of 2
Authorized Representative or
Countersignature (in States Where
Applicable)
because of all "bodily injury" and "property damage" arising out of any one "occurrence".

6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner.

7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person.

8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of:
a. Damages under Coverage A;
b. Damages under Coverage B; and
c. Medical Expenses under Coverage C
arising out of any single Project described above.

9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of:
a. Damages under Coverage A;
b. Damages under Coverage B; and
c. Medical expenses under Coverage C
arising out of the any single Location described above.

The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below.

Limits of Insurance
General Aggregate Limit $
Each Occurrence Limit $
Products-Completed Operations Aggregate Limit $
Personal & Advertising Injury Limit $
Damage to Premises Rented to You $
Medical Expense Limit $
Per Project General Aggregate Limit, Per Location $
General Aggregate Limit or Per
Project and Per Location General Aggregate Limit
IV. SECTION V - DEFINITIONS, is amended to include the following:

23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad.

All other terms and conditions of this policy remain the same. 10,000,000
2,000,000
4,000,000
2,000,000
500,000
25,000
4,000,000
'RFX6LJQ(QYHORSH,'
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$

This endorsement, effective 12:01 A.M. forms a part of
Policy No. issued to
By

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
107414 (03/11)
Authorized Representative

Page 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within
30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy.

ENDORSEMENT #
3
GL 526-81-75 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 'RFX6LJQ(QYHORSH,'
))))')')%$
$

POLICY NUMBER:

ADDITIONAL INSURED - VENDORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

COMMERCIAL GENERAL LIABILITY
CG 20 15 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-75
Your ProductsName Of Additional Insured Person(s) Or
Organization(s) (Vendor)
Any person or organization whom you
become obligated to include as an
additional insured as a result of any
contract or agreement you have entered
into.

Per the contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in the
absence of the contract or agreement;
$ 6HFWLRQ ,, ± :KR ,V $Q ,QVXUHG is amended to
include as an additional insured any person(s) or
organization(s) (referred to throughout this
endorsement as vendor) shown in the Schedule of
this endorsement, but only with respect to liability
for "bodily injury" or "property damage" arising
out of "your products" shown in the Schedule of
this endorsement which are distributed or sold in
the regular course of the vendor's business.

However:
The insurance afforded to such vendor only
applies to the extent permitted by law; and
If coverage provided to the vendor is required
by a contract or agreement, the insurance
afforded to such vendor will not be broader
than that which you are required by the
contract or agreement to provide for such
vendor.
% With respect to the insurance afforded to these
vendors, the following additional exclusions apply:
The insurance afforded the vendor does not
apply to:
a.

E Any express warranty unauthorized by you;
F Any physical or chemical change in the
product made intentionally by the vendor;
G Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
H Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of
the products;
I Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of the product;
J Products which, after distribution or sale by
you, have been labeled or relabeled or used
as a container, part or ingredient of any
other thing or substance by or for the
vendor; or
CG 20 15 12 19 Insurance Services Office, Inc., 2018 Page of1 2 'RFX6LJQ(QYHORSH,'
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$

K "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for
its own acts or omissions or those of its
employees or anyone else acting on its
behalf. However, this exclusion does not
apply to:

The exceptions contained in
Subparagraphs
G or I
or

Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale
of the products.
This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient, part
or container, entering into, accompanying or
containing such products.
& With respect to the insurance afforded to these
vendors, the following is added to
6HFWLRQ ,,, ±
/LPLWV2I,QVXUDQFH

If coverage provided to the vendor is required by a
contract or agreement, the most we will pay on
behalf of the vendor is the amount of insurance:
Required by the contract or agreement; or
Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.

CG 20 15 12 19Page of Insurance Services Office, Inc., 201822 'RFX6LJQ(QYHORSH,'
))))')')%$
$

Insurance Services Office, Inc., 2018CG 20 11 12 19 Page 1 of 2

COMMERCIALGENERALLIABILITY
CG 20 11 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises (Part Leased To You):

ANY PREMISES OR PART THEREOF LEASED TO YOU.

Name Of Person(s) Or Organization(s) (Additional Insured):

ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO

MANAGES PREMISES YOU OWN AND TO WHOM YOU BECOME OBLIGATED TO

INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES.

Additional Premium: $
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for " bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by you or
those
acting on your behalf in connection with the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

POLICY NUMBER:
'RFX6LJQ(QYHORSH,'
))))')')%$
$

Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 11 12 19 This insurance does not apply to:

1. Any"occurrence" whichtakesplace after you
cease to be a tenant in thatpremises.

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

However:

1. The insurance afforded to such additional
insuredonlyappliestotheextentpermittedby
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required bya contract or agreement,the mostwe
will pay on behalf of the additional insured is the
amount ofinsurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
'RFX6LJQ(QYHORSH,'
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$

This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by

ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTROLLED INSURANCE PROGRAM (CIP) EXCLUSION
119201 (04/15) Includes copyrighted information of Insurance Services Office, Page 1 of 1 Inc., with its permission.
- WITH LIMITED EXCEPTIONS
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Form
I. The following exclusion is added to Paragraph 2, Exclusions of Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to "bodily injury" or "property damage" arising out of any project that is or was subject to a Controlled Insurance Program ("CIP") in which you are or were an enrollee.

This exclusion applies whether or not the "CIP":
(1) Provides coverage identical to that provided by this policy; (2) Has limits adequate to cover all claims; or
(3) Remains in effect.

This exclusion does not apply:
(1) to "bodily injury" or "property damage" which occurs at any location owned by, or rented to, you that is outside the project site for that project, and is not covered by the terms of the "CIP" for that project, or
(2) to "bodily injury" which occurs during ongoing operations for work being performed on a project subject to a "CIP" after such program has terminated or is no longer in effect.

These exceptions, 1 and 2 above, do not apply to "bodily injury" or "property damage" included in the "products completed operations hazard" even if you are required to provide such coverage for an additional insured by written contract or agreement.

II. The following is added to Section V - Definitions:

A. A Controlled Insurance Program ("CIP") is also known as an "Owner-Controlled Insurance Program (OCIP), a Contractor-Controlled Insurance Program (CCIP) or a Wrap-Up Insurance Program. "CIP" means an insurance program under which one party procures insurance on behalf of all enrolled contractors performing work on a construction project or on a specific site.

All other terms, conditions, and exclusions shall remain the same. 3
GL 526-81-75 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 'RFX6LJQ(QYHORSH,'
))))')')%$
$

POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1

OTHER INSURANCE CONDITION
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not s eek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
526-81-75
'RFX6LJQ(QYHORSH,'
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$

POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:

SCHEDULE
Name Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
526-81-75
Pursuant to applicable written contract or agreement you enter into.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 'RFX6LJQ(QYHORSH,'
))))')')%$
$

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/20
forms a part of Policy No. 448-96-68
issued to PETERSON HOLDING COMPANY
E\ NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:

ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO

PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH

PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO".

Authorized Representative or
Countersignature (in States Where
Applicable)
Authorized Representative or
Countersignature (in States Where
Applicable)
I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.

I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement. 87950 (10/05)
Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 'RFX6LJQ(QYHORSH,'
))))')')%$
$

POLICY NUMBER:

SCHEDULE

COMMERCIAL AUTO
CA 20 01 11 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Named Insured:

Endorsement Effective Date:

Insurance Company:

Policy Number: Effective Date:

Expiration Date:

Named Insured:

Address:

LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below.
448-96-68

PETERSON HOLDING COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

448-96-68

PETERSON HOLDING COMPANY
955 MARINA BLVD, SAN LEANDRO, CA 94577
Address:

Designation Or Description Of "Leased Autos":

Additional Insured (Lessor):

Coverages Limit Of Insurance Or Deductible
Covered Autos Liability
Comprehensive
Collision
Specified Causes Of Loss
Each "Accident"

$ Deductible For Each Covered "Leased Auto"
$ Deductible For Each Covered "Leased Auto"
$ Deductible For Each Covered "Leased Auto"

AS PER INSURED CONTRACT

ALL "AUTOS" UNDER A LEASING OR RENTAL
AGREEMENT BETWEEN THE "INSURED" AND THE LESSOR LISTED ABOVE AS THE ADDITIONAL INSURED THAT REQUIRES DIRECT PRIMARY INSURANCE.
250
500
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CA 20 01 11 20 Insurance Services Office, Inc., 2019 Page of12 'RFX6LJQ(QYHORSH,'
))))')')%$
$

A. Coverage

1. Any "leased auto" designated or described
in the Schedule will be considered a covered
"auto" you own and not a covered "auto"
you hire or borrow.

2. For a "leased auto" designated or described
in the Schedule, the Who Is An Insured pro-
vision under Covered Autos Liability
Coverage is changed to include as an
"insured" the lessor named in the Schedule.

However, the lessor is an "insured" only for
"bodily injury" or "property damage" result-
ing from the acts or omissions by:
a. You;
b. Any of your "employees" or agents; or
c. Any person, except the lessor or any
"employee" or agent of the lessor, op-
erating a "leased auto" with the per-
mission of any of the above.

3. The coverages provided under this endorse-
ment apply to any "leased auto" described in
the Schedule until the expiration date shown
in the Schedule, or when the lessor or his or
her agent takes possession of the "leased
auto", whichever occurs first.

B. Loss Payable Clause

1. We will pay, as interest may appear, you
and the lessor named in this endorsement
for "loss" to a "leased auto".

2. The insurance covers the interest of the
lessor unless the "loss" results from fraud-
ulent acts or omissions on your part.

3. If we make any payment to the lessor, we
will obtain his or her rights against any other
party.

C. Cancellation

1. If we cancel the Policy, we will mail notice
to the lessor in accordance with the Can-
cellation Common Policy Condition.

2. If you cancel the Policy, we will mail notice
to the lessor.

3. Cancellation ends this agreement.

D. The lessor is not liable for payment of your
premiums.

E. Additional Definition
As used in this endorsement:
"Leased auto" means an "auto" leased or
rented to you, including any substitute, re-
placement or extra "auto" needed to meet
seasonal or other needs, under a leasing or
rental agreement that requires you to provide
direct primary insurance for the lessor.

CA 20 01 11 20 Insurance Services Office, Inc., 2019 Page of22 'RFX6LJQ(QYHORSH,'
))))')')%$
$

This endorsement, effective12:01A.M. forms a part of
policy No. issued to
by
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
All other terms and conditions remain unchanged.

Authorized Representative or
74445 (10/99)
Countersignature (in States Where
Applicable)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence:

The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident.

ENDORSEMENT
3
CA 448-96-68 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 'RFX6LJQ(QYHORSH,'
))))')')%$
$

POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL AUTO
CA 04 44 10 13

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: PETERSON HOLDING COMPANY
Endorsement Effective Date:
448-96-68
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the "accident" or the "loss" under a
contract with that person or organization.

Insurance Services Office, Inc., 2011CA 04 44 10 13 Page of11 1VSTVBOUUPBQQMJDBCMFXSJUUFODPOUSBDUPSBHSFFNFOUZPVFOUFSJOUP 'RFX6LJQ(QYHORSH,'
))))')')%$
$

This endorsement, effective 12:01 A.M. forms a part of Policy No. issued to
by
ENDORSEMENT #
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EARLY NOTICE OF CANCELLATION PROVIDED BY US
99307 (9/14) Includes copyrighted information of Insurance Services Office, Inc., with its permission.

AUTHORIZED REPRESENTATIVE

Page 1 of 1 ends

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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COMMON POLICY CONDITIONS, A. - Cancellation, 2. is amended to read:

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. TEN ( 10)* days before the effective date of cancellation if we cancel for nonpayment of premium; or
b. SIXTY ( 60)* days before the effective date of cancellation if we cancel for any other reason.
* The notice period provided shall not be less than that required by applicable state law(s). 3
CA 448-96-68 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 'RFX6LJQ(QYHORSH,'
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OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY

AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER
INTO PRIOR TO THE OCCURRENCE OF LOSS.
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PETERSON HOLDING COMPANY

THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
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ADVANCE NOTICE OF CANCELLATION OR NON-RENEWAL BY US EXTENDED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. &DQFHOODWLRQ

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04/01/2022

PETERSON HOLDING COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

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W C 9 9 0 4 1 1 ______________________________
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( T h e f o l l o w i n g " a t t a c h i n g c l a u s e " n e e d b e c o m p l e t e d o n l y w h e n t h i s e n d o r s e m e n t i s i s s u e d s u b s e q u e n t t o p r e p a r a t i o n o f t h e p o l i c y ) .

T h i s e n d o r s e m e n t , e f f e c t i v e 1 2 : 0 1 A M f o r m s a p a r t o f P o l i c y N o .

C o u n t e r s i g n e d b y
A u t h o r i z e d R e p r e s e n t a t i v e

C A L I F O R N I A A D V A N C E N O T I C E O F C A N C E L L A T I O N O R N O N - R E N EW A L B Y U S E X T E N D E D T h i s e n d o r s e m e n t m o d i f i e s i n s u r a n c e p r o v i d e d u n d e r t h e f o l l o w i n g :

W O R K E R S C O M P E N S A T I O N A N D E M P L O Y E R S L I A B I L I T Y I N S U R A N C E P O L I C Y C a n c e l l a t i o n : D a y s
N o n - R e n e w a l : D a y s
T H I S E N D O R S E M E N T C H A N G E S T H E P O L I C Y . P L E A S E R E A D I T C A R E F U L L Y .

T h i s e n d o r s e m e n t c h a n g e s t h e p o l i c y t o w h i c h i t i s a t t a c h e d e f f e c t i v e o n t h e i n c e p t i o n d a t e o f t h e p o l i c y u n l e s s a d i f f e r e n t d a t e i s i n d i c a t e d b e l o w .

P A R T S I X - C O N D I T I O N S , D . - C a n c e l l a t i o n , 2 . i s d e l e t e d i n i t s e n t i r e t y a n d r e p l a c e d w i t h :

W e m a y c a n c e l o r n o n - r e n e w t h i s p o l i c y . W e w i l l m a i l o r d e l i v e r t o y o u n o t l e s s t h a n 1 0 d a y s a d v a n c e w r i t t e n n o t i c e o f c a n c e l l a t i o n f o r r e a s o n s ( a ) t h r o u g h ( g ) a n d 3 0 d a y s a d v a n c e w r i t t e n n o t i c e o f c a n c e l l a t i o n f o r r e a s o n s ( h ) t h r o u g h ( m ) o f C a l i f o r n i a C a n c e l l a t i o n E n d o r s e m e n t W C 9 9 0 0 1 7 . W e w i l l m a i l o r d e l i v e r t o y o u n o t l e s s t h a n 3 0 d a y s a n d n o t m o r e t h a n 1 2 0 d a y s a d v a n c e w r i t t e n n o t i c e o f n o n - r e n e w a l .

E x c e p t f o r n o n - p a y m e n t o f p r e m i u m a n d n o n - p a y m e n t o f l o s s r e i m b u r s e m e n t o r n o n - d e l i v e r y o f s a t i s f a c t o r y s e c u r i t y o r c o l l a t e r a l w h e n d u e , f o r w h i c h w e w i l l p r o v i d e a d v a n c e w r i t t e n n o t i c e i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f a n y a p p l i c a b l e s t a t u t e o r r e g u l a t i o n , w e s h a l l n o t p r o v i d e l e s s t h a n t h e n u m b e r o f d a y s s e t f o r t h b e l o w .

M a i l i n g t h a t n o t i c e t o y o u , a t y o u r m a i l i n g a d d r e s s s h o w n i n I t e m 1 o f t h e I n f o r m a t i o n P a g e w i l l b e s u f f i c i e n t t o p r o v e n o t i c e .
0 4 / 0 1 / 2 0 2 3
D o c u S i g n E n v e l o p e I D : 2 F 5 F 5 F F D - 3 0 1 F - 4 2 D 5 - 8 4 F B - 2 A 9 A 8 4 3 0 2 0 9 7

P E T E R S O N H O L D I N G C O M P A N Y

N E W H A M P S H I R E I N S U R A N C E C O M P A N Y W C 0 1 5 - 8 9 - 3 6 9 8
6 0
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2 . Y o u h a v e f a i l e d t o f u l f i l l t h e t e r m s o f a c o n t r a c t o r a g r e e m e n t ; i f s u c h p r o p e r t y c a n b e r e s t o r e d t o u s e b y :
1 . T h e r e p a i r , r e p l a c e m e n t , a d j u s t m e n t o r r e m o v a l o f " y o u r p r o d u c t " o r " y o u r w o r k " ; o r 2 . Y o u r f u l f i l l i n g t h e t e r m s o f t h e c o n t r a c t o r a g r e e m e n t .

J . " I n s u r e d " m e a n s :
1 . T h e " N a m e d I n s u r e d " ;
2 . E x c e p t f o r l i a b i l i t y a r i s i n g o u r o f t h e o w n e r s h i p , m a i n t e n a n c e , o r u s e o f " c o v e r e d a u t o s " ; a . I f y o u a r e d e s i g n a t e d i n t h e D e c l a r a t i o n s a s :
( 1 )
( 2 )
( 3 )
( 4 )
( 5 )
b .

O C - U M B R
L X 9 7 9 9 ( 1 0 / 0 5 ) P a g e 1 4 o f 2 4 ( 1 ) " B o d i l y i n j u r y " o r " p e r s o n a l a n d a d v e r t i s i n g i n j u r y " :
( a )
( b )
( 2 ) " P r o p e r t y d a m a g e " t o p r o p e r t y :
( a ) O w n e d , o c c u p i e d o r u s e d b y , ( b )
c .
d .

A n i n d i v i d u a l , y o u a n d y o u r s p o u s e a r e " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e c o n d u c t o f a b u s i n e s s o f w h i c h y o u a r e t h e s o l e o w n e r ; A p a r t n e r s h i p o r j o i n t v e n t u r e , y o u a r e a n " I n s u r e d " . Y o u r m e m b e r s a n d y o u r p a r t n e r s , a n d t h e i r s p o u s e s a r e a l s o " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e c o n d u c t o f y o u r b u s i n e s s ;
A l i m i t e d l i a b i l i t y c o m p a n y , y o u a r e a n " I n s u r e d " . Y o u r m e m b e r s a r e a l s o " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e c o n d u c t o f y o u r b u s i n e s s . Y o u r m a n a g e r s a r e " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e i r d u t i e s a s y o u r m a n a g e r s ; A n o r g a n i z a t i o n o t h e r t h a n a p a r t n e r s h i p , j o i n t v e n t u r e o r l i m i t e d l i a b i l i t y c o m p a n y , y o u a r e a n " I n s u r e d " . Y o u r " e x e c u t i v e o f f i c e r s " a n d d i r e c t o r s a r e " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e i r d u t i e s a s y o u r o f f i c e r s o r d i r e c t o r s . Y o u r s t o c k h o l d e r s a r e a l s o " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e i r l i a b i l i t y a s s t o c k h o l d e r s ; A t r u s t , y o u a r e a n " I n s u r e d " . Y o u r t r u s t e e s a r e a l s o " I n s u r e d s " , b u t o n l y w i t h r e s p e c t t o t h e i r d u t i e s a s t r u s t e e s ;
Y o u r " v o l u n t e e r w o r k e r s " o n l y w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s . Y o u r " e m p l o y e e s " o t h e r t h a n y o u r " e x e c u t i v e o f f i c e r s " ( i f y o u a r e a n o r g a n i z a t i o n o t h e r t h a n a p a r t n e r s h i p , j o i n t v e n t u r e o r l i m i t e d l i a b i l i t y c o m p a n y ) o r y o u r m a n a g e r s ( i f y o u a r e a l i m i t e d l i a b i l i t y c o m p a n y ) , b u t o n l y f o r a c t s w i t h i n t h e s c o p e o f t h e i r e m p l o y m e n t b y y o u o r w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s . H o w e v e r , n o n e o f t h e s e " e m p l o y e e s " o r " v o l u n t e e r w o r k e r s " a r e i n s u r e d s f o r :

T o y o u , t o y o u r p a r t n e r s o r m e m b e r s ( i f y o u a r e a p a r t n e r s h i p o r j o i n t v e n t u r e ) , t o y o u r m e m b e r s ( i f y o u a r e a l i m i t e d l i a b i l i t y c o m p a n y ) , t o a c o - " e m p l o y e e " i n t h e c o u r s e o f h i s o r h e r e m p l o y m e n t o r p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s o r t o y o u r o t h e r " v o l u n t e e r w o r k e r s " w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s ; o r a n y c l a i m o r " s u i t " b r o u g h t b y o r o n b e h a l f o f t h e s p o u s e , c h i l d , p a r e n t , b r o t h e r o r s i s t e r o f t h a t c o - " e m p l o y e e " o r " v o l u n t e e r w o r k e r " a s a c o n s e q u e n c e o f s u c h " b o d i l y i n j u r y " o r " p e r s o n a l a n d a d v e r t i s i n g i n j u r y " , o r ; F o r w h i c h t h e r e i s a n y o b l i g a t i o n t o s h a r e d a m a g e s w i t h o r r e p a y s o m e o n e e l s e w h o m u s t p a y d a m a g e s b e c a u s e o f t h e i n j u r y d e s c r i b e d i n P a r a g r a p h s ( 1 ) ( i ) a b o v e .

R e n t e d t o , i n t h e c a r e , c u s t o d y o r c o n t r o l o f , o r o v e r w h i c h p h y s i c a l c o n t r o l i s b e i n g e x e r c i s e d f o r a n y p u r p o s e b y y o u , a n y o f y o u r " e m p l o y e e s " , " v o l u n t e e r w o r k e r s " , a n y p a r t n e r o r m e m b e r ( i f y o u a r e a p a r t n e r s h i p o r j o i n t v e n t u r e ) , o r a n y m e m b e r ( i f y o u a r e a l i m i t e d l i a b i l i t y c o m p a n y ) .

A n y p e r s o n ( o t h e r t h a n y o u r " e m p l o y e e " o r " v o l u n t e e r w o r k e r " ) o r o r g a n i z a t i o n w h i l e a c t i n g a s y o u r r e a l e s t a t e m a n a g e r ;
Y o u r l e g a l r e p r e s e n t a t i v e i f y o u d i e , b u t o n l y w i t h r e s p e c t t o d u t i e s a s s u c h . T h a t r e p r e s e n t a t i v e w i l l h a v e a l l y o u r r i g h t s a n d d u t i e s u n d e r t h i s p o l i c y ;

S P E C IM E N
E x c e r p t f r o m P o l i c y N u m b e r : 0 8 0 8 7 7 6 7 7 N a m e d I n s u r e d : P e t e r s o n H o l d i n g C o m p a n y e t a l E f f e c t i v e : 4 / 1 / 2 0 2 3 -
D o c u S i g n E n v e l o p e I D : 2 F 5 F 5 F F D - 3 0 1 F - 4 2 D 5 - 8 4 F B - 2 A 9 A 8 4 3 0 2 0 9 7 4 / 1 / 2 0 2
e .
3 .
a . Y o u a r e a n " I n s u r e d " ;
b .
( 1 )
( 2 )
( 3 )
( 4 )
( 5 )

O C - U M B R
L X 9 7 9 9 ( 1 0 / 0 5 ) P a g e 1 5 o f 2 4 ( 6 )
c .
4 . N o t w i t h s t a n d i n g a n y o f t h e a b o v e :
a .
b .

K .
" I n s u r e d c o n t r a c t " d o e s n o t i n c l u d e t h a t p a r t o f a n y c o n t r a c t o r a g r e e m e n t :
1 .
2 . T h a t i n d e m n i f i e s a n a r c h i t e c t , e n g i n e e r o r s u r v e y o r f o r i n j u r y o r d a m a g e a r i s i n g o u t o f :
a .
b .
3 .

A n y p e r s o n o r o r g a n i z a t i o n , o t h e r t h a n t h e " N a m e d I n s u r e d " , i n c l u d e d a s a n a d d i t i o n a l " I n s u r e d " u n d e r " s c h e d u l e d u n d e r l y i n g i n s u r a n c e " , b u t n o t f o r b r o a d e r c o v e r a g e t h a n w o u l d b e a f f o r d e d b y s u c h " s c h e d u l e d u n d e r l y i n g i n s u r a n c e " .

O n l y w i t h r e s p e c t t o l i a b i l i t y a r i s i n g o u t o f t h e o w n e r s h i p , m a i n t e n a n c e , o r u s e o f " c o v e r e d a u t o s " :

A n y o n e e l s e w h i l e u s i n g w i t h y o u r p e r m i s s i o n a " c o v e r e d a u t o " y o u o w n , h i r e , o r b o r r o w i s a l s o a n " I n s u r e d " e x c e p t :

T h e o w n e r o r a n y o n e e l s e f r o m w h o m y o u h i r e o r b o r r o w a " c o v e r e d a u t o " . T h i s e x c e p t i o n d o e s n o t a p p l y i f t h e " c o v e r e d a u t o " i s a t r a i l e r o r s e m i - t r a i l e r c o n n e c t e d t o a " c o v e r e d a u t o " y o u o w n ;
Y o u r " e m p l o y e e " i f t h e " c o v e r e d a u t o " i s o w n e d b y t h a t " e m p l o y e e " o r a m e m b e r o f h i s o r h e r h o u s e h o l d ;
S o m e o n e u s i n g a " c o v e r e d a u t o " w h i l e h e o r s h e i s w o r k i n g i n a b u s i n e s s o f s e l l i n g , s e r v i c i n g , r e p a i r i n g , p a r k i n g o r s t o r i n g " a u t o s " u n l e s s t h a t b u s i n e s s i s y o u r s ; A n y o n e o t h e r t h a n y o u r " e m p l o y e e s " , p a r t n e r s ( i f y o u a r e a p a r t n e r s h i p ) , m e m b e r s ( i f y o u a r e a l i m i t e d l i a b i l i t y c o m p a n y ) , o r a l e s s e e o r b o r r o w e r o r a n y o f t h e i r " e m p l o y e e s " , w h i l e m o v i n g p r o p e r t y t o o r f r o m a " c o v e r e d a u t o " ; A p a r t n e r ( i f y o u a r e a p a r t n e r s h i p ) , o r a m e m b e r ( i f y o u a r e a l i m i t e d l i a b i l i t y c o m p a n y ) f o r a " c o v e r e d a u t o " o w n e d b y h i m o r h e r o r a m e m b e r o f h i s o r h e r h o u s e h o l d ; " Em p l o y e e s " w i t h r e s p e c t t o " b o d i l y i n j u r y " t o a n y f e l l o w " e m p l o y e e " o f t h e " I n s u r e d " a r i s i n g o u t o f a n d i n t h e c o u r s e o f t h e f e l l o w " e m p l o y e e ' s " e m p l o y m e n t o r w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s ; A n y o n e l i a b l e f o r t h e c o n d u c t o f a n " I n s u r e d " d e s c r i b e d a b o v e i s a l s o a n " I n s u r e d " , b u t o n l y t o t h e e x t e n t o f t h a t l i a b i l i t y .

N o p e r s o n o r o r g a n i z a t i o n i s a n " I n s u r e d " w i t h r e s p e c t t o t h e c o n d u c t o f a n y c u r r e n t , p a s t o r n e w l y f o r m e d p a r t n e r s h i p , j o i n t v e n t u r e o r l i m i t e d l i a b i l i t y c o m p a n y t h a t i s n o t d e s i g n a t e d a s a " N a m e d I n s u r e d " i n I t e m 1 o f t h e D e c l a r a t i o n s ; a n d N o p e r s o n o r o r g a n i z a t i o n i s a n " I n s u r e d " u n d e r t h i s p o l i c y w h o i s n o t a n " I n s u r e d " u n d e r " s c h e d u l e d u n d e r l y i n g i n s u r a n c e " . " I n s u r e d c o n t r a c t " m e a n s t h a t p a r t o f a n y c o n t r a c t o r a g r e e m e n t p e r t a i n i n g t o y o u r b u s i n e s s u n d e r w h i c h a n y " I n s u r e d " a s s u m e s t h e t o r t l i a b i l i t y o f a n o t h e r p a r t y t o p a y f o r " b o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " t o a t h i r d p e r s o n o r o r g a n i z a t i o n . T o r t l i a b i l i t y m e a n s a l i a b i l i t y t h a t w o u l d b e i m p o s e d b y l a w i n t h e a b s e n c e o f a n y c o n t r a c t o r a g r e e m e n t .

T h a t i n d e m n i f i e s a r a i l r o a d f o r " b o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " a r i s i n g o u t o f c o n s t r u c t i o n o r d e m o l i t i o n o p e r a t i o n s , w i t h i n 5 0 f e e t o f a n y r a i l r o a d p r o p e r t y a n d a f f e c t i n g a n y r a i l r o a d b r i d g e o r t r e s t l e , t r a c k s , r o a d - b e d s , t u n n e l , u n d e r p a s s o r c r o s s i n g ; P r e p a r i n g , a p p r o v i n g , o r f a i l i n g t o p r e p a r e o r a p p r o v e , m a p s , s h o p d r a w i n g s , o p i n i o n s , r e p o r t s , s u r v e y s , f i e l d o r d e r s , c h a n g e o r d e r s o r d r a w i n g s a n d s p e c i f i c a t i o n s ; o r G i v i n g d i r e c t i o n s o r i n s t r u c t i o n s , o r f a i l i n g t o g i v e t h e m , i f t h a t i s t h e p r i m a r y c a u s e o f t h e i n j u r y o r d a m a g e ; o r
U n d e r w h i c h t h e " I n s u r e d " , i f a n a r c h i t e c t , e n g i n e e r o r s u r v e y o r , a s s u m e s l i a b i l i t y f o r a n i n j u r y o r d a m a g e a r i s i n g o u t o f t h e " I n s u r e d ' s " r e n d e r i n g o r f a i l u r e t o r e n d e r p r o f e s s i o n a l s e r v i c e s , i n c l u d i n g t h o s e s h o w n i n s u b p a r a g r a p h 2 a b o v e a n d s u p e r v i s o r y , i n s p e c t i o n , a r c h i t e c t u r a l o r e n g i n e e r i n g a c t i v i t i e s .

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/34/58/i255/42/26/46/24/46/i255/52/46/i255/23/50/61/i255/43/42/26/46/24/i255/25/43/51/46/24/23/55/46/i255/41/48/43/50/i255/42/26/46/i255/47/46/49/25/24/44/52/46/47/i255/48/24/43/48/46/24/42/61/30/i255/32/33/34/35/22/i255/49/26/23/53/53/i255/52/46/i255/53/44/23/52/53/46/i255/41/50/47/46/24/i255/42/26/44/49/i255 /22/46/56/43/24/23/50/47/41/56/i255/23/49/i255/42/43/i255/42/26/46/i255/62/2/18/19/2/17/58/43/24/i255/42/26/46/i255/48/24/43/48/43/24/42/44/43/50/i255/43/58/i255/49/41/25/26/i255/62/16/12/12/43/24/i255/47/23/56/23/55/46/i255/42/26/23/42/i255/42/26/46/i255/49/41/56/i255/26/46/24/46/52/61/i255 /25/43/51/46/24/46/47/i255/52/46/23/24/49/i255/42/43/i255/42/26/46/i255/46/50/42/44/24/46/i255/25/43/51/46/24/23/55/46/i255/43/58/i255/49/44/56/44/53/23/24/i255/25/26/23/24/23/25/42/46/24/i255/43/50/i255/49/23/44/47/i255/48/24/43/48/46/24/42/61/i255/41/50/47/46/24/i255/48/43/53/44/25/44/46/49/i255/26/46/53/47/i255/52/61/30/i255 /48/23/61/23/52/53/46/i255/42/43/i255/23/50/47/i255/46/63/48/24/46/49/49/53/61/i255/25/43/50/49/46/50/42/46/47/i255/42/43/i255/52/61/i255/42/26/46/i255/62/2/18/19/2/17/60/i255/40/50/61/i255/25/43/50/42/24/44/52/41/42/44/43/50/i255/25/53/23/41/49/46/i255/44/50/25/53/41/47/46/47/i255/44/50/i255/23/50/61/i255/58/23/53/53/46/50/i255 /52/41/44/53/47/44/50/55/i255/25/53/23/41/49/46/i255/59/23/44/51/46/24/i255/43/24/i255/23/50/61/i255/46/63/42/46/50/47/46/47/i255/25/43/51/46/24/23/55/46/i255/46/50/47/43/24/49/46/56/46/50/42/i255/23/42/42/23/25/26/46/47/i255/42/43/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/i255/44/49/i255 /26/46/24/46/52/61/i255/50/41/53/53/44/58/44/46/47/i255/46/63/25/46/48/42/i255/25/43/50/42/24/44/52/41/42/44/43/50/i255/25/53/23/41/49/46/49/i255/58/43/24/i255/42/26/46/i255/25/43/56/48/53/44/23/50/25/46/i255/59/44/42/26/i255/59/26/44/25/26/i255/42/26/46/i255/3/16/6/2/17/2/19/i255/64/9/17/4/65/26/23/49/i255 /24/46/25/46/44/51/46/47/i255/24/46/47/41/25/42/44/43/50/i255/44/50/i255/42/26/46/i255/24/23/42/46/i255/25/26/23/24/55/46/47/i255/43/24/i255/26/23/49/i255/24/46/25/46/44/51/46/47/i255/46/63/42/46/50/49/44/43/50/i255/43/58/i255/42/26/46/i255/25/43/51/46/24/23/55/46/i255/42/43/i255/44/50/25/53/41/47/46/i255/26/23/45/23/24/47/49/i255 /43/42/26/46/24/i255/42/26/23/50/i255/58/44/24/46/i255/23/50/47/i255/25/43/56/48/53/44/23/50/25/46/i255/59/44/42/26/i255/49/41/25/26/i255/25/43/50/42/24/44/52/41/42/44/43/50/i255/25/53/23/41/49/46/i255/44/49/i255/56/23/47/46/i255/23/i255/48/23/24/42/i255/43/58/i255/42/26/46/i255/25/43/50/49/44/47/46/24/23/42/44/43/50/i255/58/43/24/i255 /25/43/51/46/24/44/50/55/i255/49/41/25/26/i255/43/42/26/46/24/i255/26/23/45/23/24/47/49/60/i255/57/26/46/i255/62/2/18/19/2/17/41/48/43/50/i255/42/26/46/i255/48/23/61/56/46/50/42/i255/42/43/i255/44/42/i255/43/58/i255/42/26/46/i255/58/41/53/53/i255/23/56/43/41/50/42/i255/43/58/i255/44/42/49/i255/25/53/23/44/56/30/i255/59/44/53/53/i255 /49/41/52/24/43/55/23/42/46/i255/32/33/34/35/22/i255/66/48/24/43/i255/24/23/42/23/i255/59/44/42/26/i255/23/53/53/i255/43/42/26/46/24/i255/44/50/49/41/24/46/24/49/67/25/43/51/46/24/23/55/46/i255/48/24/43/51/44/47/46/49/i255/25/43/50/42/24/44/52/41/42/44/50/55/i255/42/43/i255/49/23/44/47/i255/48/23/61/56/46/50/42/68/i255/42/43/i255 /23/53/53/i255/43/58/i255/42/26/46/i255/53/46/50/47/46/24/69/49/i255/24/44/55/26/42/49/i255/43/58/i255/25/43/50/42/24/44/52/41/42/44/43/50/i255/41/50/47/46/24/i255/49/23/44/47/i255/43/42/26/46/24/i255/44/50/49/41/24/23/50/25/46/i255/43/58/i255/25/43/50/42/24/44/52/41/42/44/43/50/i255/41/50/47/46/24/i255/49/23/44/47/i255/43/42/26/46/24/i255 /44/50/49/41/24/23/50/25/46/60
/70/60
/35/26/43/41/53/47/i255/53/46/55/23/53/i255/42/44/42/53/46/i255/42/43/i255/23/50/47/i255/52/46/50/46/58/44/25/44/23/53/i255/43/59/50/46/24/49/26/44/48/i255/43/58/i255/23/50/61/i255/43/58/i255/42/26/46/i255/48/24/43/48/46/24/42/61/i255/25/43/51/46/24/46/47/i255/41/50/47/46/24/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/i255 /52/46/25/43/56/46/i255/51/46/49/42/46/47/i255/44/50/i255/42/26/46/i255/62/2/18/19/2/17/43/24/i255/44/42/49/i255/23/55/46/50/42/49/30/i255/25/43/51/46/24/23/55/46/i255/41/50/47/46/24/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/i255/49/26/23/53/53/i255/25/43/50/42/44/50/41/46/i255/58/43/24/i255/42/26/46/i255 /42/46/24/56/i255/42/26/46/24/46/43/58/i255/58/43/24/i255/42/26/46/i255/52/46/50/46/58/44/42/i255/43/58/i255/42/26/46/i255/62/2/18/19/2/17/52/41/42/30/i255/44/50/i255/49/41/25/26/i255/46/51/46/50/42/30/i255/23/50/61/i255/48/24/44/51/44/53/46/55/46/49/i255/55/24/23/50/42/46/47/i255/52/61/i255/42/26/44/49/i255/53/46/50/47/46/24/69/49/i255 /62/16/12/12/48/23/61/23/52/53/46/i255/46/50/47/43/24/49/46/56/46/50/42/i255/59/26/44/25/26/i255/23/24/46/i255/50/43/42/i255/23/53/49/43/i255/55/24/23/50/42/46/47/i255/42/26/46/i255/3/16/6/2/17/2/19/i255/64/9/17/4/65/41/50/47/46/24/i255/42/26/46/i255/42/46/24/56/49/i255/23/50/47/i255 /25/43/50/47/44/42/44/43/50/49/i255/43/58/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/i255/23/50/47/67/43/24/i255/41/50/47/46/24/i255/43/42/26/46/24/i255/24/44/47/46/24/49/i255/43/24/i255/46/50/47/43/24/49/46/56/46/50/42/49/i255/23/42/42/23/25/26/46/47/i255/42/26/46/24/46/42/43/i255/49/26/23/53/53/i255/50/43/42/i255 /23/48/48/53/61/i255/42/43/i255/42/26/46/i255/25/43/51/46/24/23/55/46/60/i255/26/46/24/46/41/50/47/46/24/i255/23/49/i255/24/46/49/48/46/25/42/49/i255/49/41/25/26/i255/48/24/43/48/46/24/42/61/60 /29/60
/40/53/53/i255/50/43/42/44/25/46/49/i255/26/46/24/46/44/50/i255/48/24/43/51/44/47/46/47/i255/42/43/i255/52/46/i255/55/44/51/46/50/i255/52/61/i255/32/33/34/35/22/i255/42/43/i255/42/26/46/i255/62/2/18/19/2/17/44/50/i255/25/43/50/50/46/25/42/44/43/50/i255/59/44/42/26/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/i255 /23/50/47/i255/42/26/44/49/i255/53/46/50/47/46/24/69/49/i255/62/2/18/19/2/17/48/23/61/23/52/53/46/i255/46/50/47/43/24/49/46/56/46/50/42/i255/49/26/23/53/53/i255/52/46/i255/56/23/44/53/46/47/i255/42/43/i255/43/24/i255/47/46/53/44/51/46/24/46/47/i255/42/43/i255/42/26/46/i255/62/2/18/19/2/17/23/42/i255/44/42/49/i255 /43/58/58/44/25/46/i255/43/24/i255/52/24/23/50/25/26/i255/47/46/49/25/24/44/52/46/47/i255/43/50/i255/42/26/46/i255/58/44/24/49/42/i255/48/23/55/46/i255/43/58/i255/42/26/44/49/i255/22/46/56/43/24/23/50/47/41/56/60 /71/60
/34/42/i255/44/49/i255/58/41/24/42/26/46/24/i255/23/55/24/46/46/47/i255/42/26/23/42/i255/50/43/42/26/44/50/55/i255/26/46/24/46/44/50/i255/49/26/23/53/53/i255/23/25/42/i255/42/43/i255/44/50/25/24/46/23/49/46/i255/32/33/34/35/22/72/49/i255/73/5/15/5/4/i255/16/1/i255/73/5/9/74/5/62/5/4/65/60 /75/43/25/41/35/44/55/50/i255/36/50/51/46/53/43/48/46/i255/34/75/76/i255/71/77/28/78/70/79/28/79/39/38/29/38/77/39/79/80/81/38/39/40/80/79/80/39/38/81/31/81/31/31/70/79/36/36/40/77 /0/1/2/3/i255/5/3/6/1/7/8/i255/9/i255/10/7/1/11/12/3/2
/13/14/15/16/17/18/15/15/i255/20/18/21/22/23/24
/25/3/9/7/26/27/i255/28/29/30/31/32/33/34/35/36/33/33/i255/38/39/40/36 /41/9/12/42/3/30/43/36/44/36/45/33/46/35/i255/43/46/47/36/45 /25/6/3/26/48/49/29/i255/25/8/9/7/8/i255/50/9/8/3/i255/5/9/51/52/3/i255/53/54/6/8/48/1/51/9/12/55 /56/23/23/57/14/17/58/i255/59/13/14/15/16/17/18/15/15/i255/60/21/61/18 /20 /58/21/22/58/i255/62/21/58/18/63/64/65/16/22/18/i255/62/21/58/18/56/66/66/22/18/15/15/67 /24/57/17/18/68 /18 /69/15/16/58/18 /70/70/71/70/72/70/73/73/10/74/75/74/5/25/54/76/i255/10/54/77 /74/5/i255/25/78/25/75/74/79/80 /81/76/82
/83/84/73/85/84/73/72/72/86/85/84/83/72/84/73/72/73/83/87/88/88/i255/79/89/5/81/76/89/i255/28/90/41/50/80/i255/25/89/76 /90/74/89/76/50/5/54/80/i255/82/89/i255/87/91/88/71/71/92/83/91/72/72 /53/88/70/72/55/i255/83/88/71/92/85/73/72/72
/75/1/8/9/12/i255/7/3/26/1/7/93/94/i255/49/1/42/51/93/30/i255/70 /95/96/97/98/99/100/97/97/i255/102/100/103/104/105/106 /106/107/107/108/97/109/110/110/111/103/112/112/100/113/114/115/106/116/112/117/114/111/115/105/114/118/110/102/100/103/104/105/106/110/102/100/103/104/105/106/95/119 /120/i255/114/121/i255/120 /120/110/120/122/110/123/124/123/125/126/i255/120/109/123/124/i255/127/128 /129/130/131/132/133/134/135/136/i255/138/136/139/140/141/130/142/140/i255/143/129/144/i255/145/146/147/148/149/150/147/150/151/152/153/152/146/151/150/154/155/152/151/156/154/150/154/151/152/155/157/155/157/157/149/150/138/138/156/146

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2,000,000
10,000,000
750343622
750343622
P.O. Box 5258
X
City of Vallejo
X
3,000,00004/01/25
5,000,000
04/01/25
X
04/01/25
X
Excess Liability
[email protected]
27960
500,000
10674
23841
10172
19445
2,000,000
19437
COMP DED $250 COLL DED $500
Pollution Liability
Captive Auto - 3Mx2M
4,000,000
RE: All Contracts/Written Agreements between the Certificate Holder and the Insured.

Self-Insd Ret.
1-925-798-3334
X
X
10,000
where required by written contract per policy form attached.

Additional Insured(s): The City of Vallejo, its officers, officials, employees, agents and volunteers. policy form. WC Waiver of Subrogation Applies for California if required by written contract per the attached policy GL and Auto coverage is Primary and Waiver of Subrogation applies per the attached where required by contract per 04/01/25
form.Excess Policy is follow-form.

Attn: Risk Manager
04/01/24
USA
04/01/24
X
X
04/01/25
04/01/24
Peterson Power Systems, Inc.

Peterson Holding Company
080877677
WC015893698 - CA ONLY
WC015893697 - Other States
04/01/24
925-887-6710
2,000,000
04/01/25X
X
DNovicio
X
X
04/01/24
4,000,000
X
Vallejo, CA 94590
P.O. Box 5668

HARLEYSVILLE INS CO OF NY
25,000

ILLINOIS UNION INS CO
DEDUCTIBLE: NIL

LEXINGTON INS CO

NATIONAL UNION FIRE INS CO OF PITTS

WESTCHESTER SURPLUS LINES INS CO
4,000,000

NEW HAMPSHIRE INS CO
2,000,000
F
E
D
04/01/24
X X
04/01/24
CA4489668
X
04/01/24
San Leandro, CA 94577 USA
N
Diana Novicio
A
C
B
925-822-9163
A
X
Limit
Per Poll Condition
GL5268175
2,000,000A
03/28/2024
04/01/25
G71796000005
CRA0000067
PPIG27058140013
X
4,000,000
2,000,000
CA LIC 0B29370
555 Santa Clara Street
Concord, CA 94524 USA
04/01/25
Each Occur/Agg
[Concord - Branch ID 15469] DIV# 401/406
Edgewood Partners Insurance Center (EPIC)
X

SUPP (05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/Remarks from Page 1:

Additional Information:

Peterson Power Systems, Inc.

Peterson Holding Company
This page intentionally left blank.
03/28/2024
POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

Per the contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of12 A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liabilit y for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Insurance Services Office, Inc., 2018 CG 20 10 12 19Page of22

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Per the contract or agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 11 This endorsement, effective 12:01 A.M. forms a part of
Policy No. issued to
By

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
107414 (03/11)
Authorized Representative

Page 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

All other terms, conditions and exclusions shall remain the same.

TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
Insurer,
This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

The following Definitions apply to this endorsement:

1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.

2. Insurer means the insurance company shown in the header on the Declarations page of this policy.

ENDORSEMENT #
4
GL 526-81-75 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by

ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF LIMITS OF INSURANCE
(Per Project or Per Location Aggregate Limit)
86681 (9/04) Page 1 of 2
This endorsement modifies insurance provided under the following:

II. SECTION III - LIMITS OF INSURANCE , is amended to include the following:

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA X 4,000,000
86681 (9/04) Page 2 of 2
Authorized Representative or
Countersignature (in States Where
Applicable)
because of all "bodily injury" and "property damage" arising out of any one "occurrence".

7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person.

III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below.

23. "
Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad.

All other terms and conditions of this policy remain the same. 10,000,000
2,000,000
4,000,000
2,000,000
500,000
25,000
4,000,000
Insurance Services Office, Inc., 2018CG 20 11 12 19 Page 1 of 2

COMMERCIALGENERALLIABILITY
CG 20 11 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises (Part Leased To You):

ANY PREMISES OR PART THEREOF LEASED TO YOU.

Name Of Person(s) Or Organization(s) (Additional Insured):

ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO

MANAGES PREMISES YOU OWN AND TO WHOM YOU BECOME OBLIGATED TO

INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES.

Additional Premium: $
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for " bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by you or
those
acting on your behalf in connection with the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

POLICY NUMBER:
Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 11 12 19 This insurance does not apply to:

1. Any"occurrence" whichtakesplace after you
cease to be a tenant in thatpremises.

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

However:

1. The insurance afforded to such additional
insuredonlyappliestotheextentpermittedby
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required bya contract or agreement,the mostwe
will pay on behalf of the additional insured is the
amount ofinsurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by

ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Commercial General Liability Coverage Form
I. The following exclusion is added to Paragraph 2, Exclusions of Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to "bodily injury" or "property damage" arising out of any project that is or was subject to a Controlled Insurance Program ("CIP") in which you are or were an enrollee.

This exclusion applies whether or not the "CIP":
(1) Provides coverage identical to that provided by this policy; (2) Has limits adequate to cover all claims; or
(3) Remains in effect.

II. The following is added to Section V - Definitions:

All other terms, conditions, and exclusions shall remain the same. 4
GL 526-81-75 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1

OTHER INSURANCE CONDITION
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
526-81-75
POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:

SCHEDULE
Name Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
526-81-75
Pursuant to applicable written contract or agreement you enter into.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 This endorsement, effective 12:01 A.M. forms a part of
Policy No. issued to
by

ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:
87950 (9/14)

AUTHORIZED REPRESENTATIVE

Page 1 of 1 ends

with its permission.

I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement. 04/01/2024
CA 448-96-68 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto".

POLICY NUMBER:

SCHEDULE

COMMERCIAL AUTO
CA 20 01 11 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Named Insured:

Endorsement Effective Date:

Insurance Company:

Policy Number: Effective Date:

Expiration Date:

Named Insured:

Address:

LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below.
448-96-68
04/01/2024

PETERSON HOLDING COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. 04/01/2024
04/01/2025
448-96-68

PETERSON HOLDING COMPANY
955 MARINA BLVD, SAN LEANDRO, CA 94577
Address:

Designation Or Description Of "Leased Autos":

Additional Insured (Lessor):

Coverages Limit Of Insurance Or Deductible
Covered Autos Liability
Comprehensive
Collision
Specified Causes Of Loss
Each "Accident" 2

$ Deductible For Each Covered "Leased Auto"
$ Deductible For Each Covered "Leased Auto"
$ Deductible For Each Covered "Leased Auto"

AS PER INSURED CONTRACT

CA 20 01 11 20 Insurance Services Office, Inc., 2019 Page of12 A. Coverage

1. Any "leased auto" designated or described
in the Schedule will be considered a covered
"auto" you own and not a covered "auto"
you hire or borrow.

B. Loss Payable Clause

1. We will pay, as interest may appear, you
and the lessor named in this endorsement
for "loss" to a "leased auto".

2. The insurance covers the interest of the
lessor unless the "loss" results from fraud-
ulent acts or omissions on your part.

3. If we make any payment to the lessor, we
will obtain his or her rights against any other
party.

C. Cancellation

1. If we cancel the Policy, we will mail notice
to the lessor in accordance with the Can-
cellation Common Policy Condition.

2. If you cancel the Policy, we will mail notice
to the lessor.

3. Cancellation ends this agreement.

D. The lessor is not liable for payment of your
premiums.

CA 20 01 11 20 Insurance Services Office, Inc., 2019 Page of22 This endorsement, effective12:01A.M. forms a part of
policy No. issued to
by
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
All other terms and conditions remain unchanged.

Authorized Representative or
74445 (10/99)
Countersignature (in States Where
Applicable)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence:

ENDORSEMENT
04/01/2024
CA 448-96-68 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE FORM
62897 (6/95)

AUTHORIZED REPRESENTATIVE

ENDORSEMENT
This endorsement, effective 12:01 A.M. forms a part of
policy No. issued to
by
This endorsement modifies insurance provided under the following:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (2)
(1)
The contract or agreement was entered into prior to any " accident" or " loss" .

No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee.

Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add:

The " accident" or " loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and
However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an " accident" or " loss" if:
04/01/2024
CA 448-96-68 PETERSON HOLDING COMPANY

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2024
forms a part of Policy No. 448-96-68
issued to PETERSON HOLDING COMPANY
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

EARLY NOTICE OF CANCELLATION PROVIDED BY US
Authorized Representative or
Countersignature (in States Where
Applicable)
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

TRUCKERS COVERAGE FORM

GARAGE COVERAGE FORM
COMMON POLICY CONDITIONS, A. - Cancellation, 2. is amended to read:

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of
cancellation at least:
a. TEN (10)* days before the effective date of cancellation if we cancel for nonpayment of premium; or
b. SIXTY (60)* days before the effective date of cancellation if we cancel for any other reason.
* The notice period provided shall not be less than that required by applicable state law(s). 101399 (4/09) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below.

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

Schedule
WC 00 03 13 Countersigned by
(Ed. 04/84)
Authorized Representative
This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs.

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah.

ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME

OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY

AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER
INTO PRIOR TO THE OCCURRENCE OF LOSS.
04/01/2024 WC 015-89-3697

PETERSON HOLDING COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By

LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL

TO ENTITIES OTHER THAN THE NAMED INSURED
WC 99 00 56
(Ed. 04/11)
(WORKERS' COMPENSATION ONLY)
All other terms, conditions and exclusions shall remain the same.

AUTHORIZED REPRESENTATIVE
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is amended as follows:

In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and

3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer.

Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.

The following definitions apply to this endorsement:

1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.

2. Insurer means the insurance company shown in the header on the Information Page of this policy. 04/01/2024 WC 015-89-3697

PETERSON HOLDING COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following " attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM forms a part of Policy No.

Issued to
By
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy.

WC 04 03 61 Countersigned by ______________________________ (Ed. 11/90)
Authorized Representative
4 WC 015-89-3698

PETERSON HOLDING COMPANY

NEW HAMPSHIRE INSURANCE COMPANY

2.00 W C 9 9 0 4 1 1 ______________________________
(Ed. 08/03)
Issued to
By
(The following " attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM forms a part of Policy No.

Countersigned by
Authorized Representative

CALIFORNIA ADVANCE NOTICE OF CANCELLATION OR NON-RENEWAL BY US EXTENDED This endorsement modifies insurance provided under the following:

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Cancellation: Days
Non-Renewal: Days
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.

PART SIX - CONDITIONS, D. - Cancellation, 2. is deleted in its entirety and replaced with:

Mailing that notice to you, at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice.
04/01/2024

PETERSON HOLDING COMPANY

NEW HAMPSHIRE INSURANCE COMPANY
WC 015-89-3698
60 60

2. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:

1. The repair, replacement, adjustment or removal of "your product" or "your work"; or

2. Your fulfilling the terms of the contract or agreement.

J. "Insured" means:

1. The "Named Insured";

2. Except for liability arising our of the ownership, maintenance, or use of "covered autos"; a. If you are designated in the Declarations as:
(1)
(2)
(3)
(4)
(5)
b.

OC-UMBR
LX9799 (10/05) Page 14 of 24
(1) "Bodily injury" or "personal and advertising injury":
(a)
(b)
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b)
c.
d.

Any person (other than your "employee" or "volunteer worker") or organization while acting as your real estate manager;
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy; ([FHUSWIURP3ROLF\1XPEHU

1DPHG,QVXUHG
3HWHUVRQ+ROGLQJ&RPSDQ\

HWDO(IIHFWLYH
004 - 005
e.

3. a. You are an "Insured";
b.
(1)
(2)
(3)
(4)
(5)

OC-UMBR
LX9799 (10/05) Page 15 of 24
(6)
c.

4. Notwithstanding any of the above:
a.
b.

K.
"Insured contract" does not include that part of any contract or agreement:

1. 2. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a.
b.

3. Any person or organization, other than the "Named Insured", included as an additional "Insured" under "scheduled underlying insurance", but not for broader coverage than would be afforded by such "scheduled underlying insurance".

Only with respect to liability arising out of the ownership, maintenance, or use of "covered autos":

Anyone else while using with your permission a "covered auto" you own, hire, or borrow is also an "Insured" except:

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7KLVHQGRUVHPHQWVKDOOQRWUHLQVWDWHRULQFUHDVHWKHOLPLWVRILQVXUDQFHVKRZ QRQWKH'HFODUDWLRQV $OORWKHUWHUPVDQGFRQGLWLRQVRIWKHSROLF\UHPDLQWKHVDPH 3(7(5621+2/',1*&203$ 1<
/(; ,1*721,1685$1&(&203$1<
04/01/2024
080877677
PF-45007 (09/14) Page 1 of 1
SCHEDULE OF ADDITIONAL INSUREDS (BROAD – VICARIOUS ONLY - WITH BY CONTRACT) ENDORSEMENT SCHEDULE OF ADDITIONAL INSUREDS (BROAD – VICARIOUS ONLY - WITH BY

CONTRACT) ENDORSEMENT
Named Insured
Peterson Holding Company, et al
Endorsement Number
001
Policy Symbol
PPI
Policy Number
G27058140 013
Policy Period
04/01/2024 to 04/01/2025
Effective Date of Endorsement
04/01/2024
Issued By (Name of Insurance Company)
Illinois Union Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The “insured” and the Insurer hereby agree to the following changes to this Policy:

The persons or entities within the scope of the description contained in the Schedule of Additional Insureds, below, are “additional insureds” pursuant to this Policy, but solely with respect to their vicarious liability for any “named insured’s” direct liability: 1) arising out of “pollution conditions” on, at under or migrating from a “covered location”;2) resulting from “transportation” or3) resulting from “covered operations”.

Schedule of Additional Insureds

1. All corporations, limited partnerships, limited liability partnerships, limited liability companies or other business entities or associations, other than joint ventures and general partnerships, as now or may hereinafter exist during the “policy period”, in which a “named insured” maintains an ownership interest;

2. All joint ventures or general partnerships, as now or may hereafter exist during the “policy period”, to which a “named insured” is a party, but only to the extent of the “named insured’s” legal responsibility for the vicarious liability of such joint venture or general partnership”; and

3. All counterparties of a “named insured” where such status as an “additional insured” is required by a written contract that has been executed between the “named insured” and such counterparty prior to the relevant “claim” or “first- party claim” to which this insurance applies.

All other terms and conditions of this Policy remain unchanged.

Authorized Representative

PF-44999 (09/14) Page 1 of 1

WAIVER OF SUBROGATION (BY CONTRACT) ENDORSEMENT

WAIVER OF SUBROGATION (BY CONTRACT) ENDORSEMENT
Named Insured
Peterson Holding Company, et al
Endorsement Number
014
Policy Symbol
PPI
Policy Number
G27058140 013
Policy Period
04/01/2024 to 04/01/2025
Effective Date of Endorsement
04/01/2024
Issued By (Name of Insurance Company)
Illinois Union Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The “insured” and the Insurer hereby agree to the following changes to this Policy:

Section IX., GENERAL CONDITIONS , Subsection E., Subrogation, of this Policy is hereby amended by addition of the following:

Notwithstanding the foregoing, the Insurer hereby waives its rights to subrogate against all counterparties of a “named insured” where such waiver is required by written contract executed between a “named insured” and such counterparty prior to the relevant “claim” or discovery of a “pollution condition” or “indoor environmental condition” to which this insurance applies.

All other terms and conditions of this Policy remain unchanged.

Authorized Representative

PF-53478 (04/20) Page 1 of 1
296476.3
OTHER INSURANCE AMENDATORY (PRIMARY – EXCEPTIONS) ENDORSEMENT OTHER INSURANCE AMENDATORY (PRIMARY – EXCEPTIONS)

ENDORSEMENT
Named Insured
Peterson Holding Company, et al
Endorsement Number
010
Policy Symbol
PPI
Policy Number
G27058140 013
Policy Period
04/01/2024 to 04/01/2025
Effective Date of Endorsement
04/01/2024
Issued By (Name of Insurance Company)
Illinois Union Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The “insured” and the Insurer hereby agree to the following changes to this Policy:

I. Section IX., GENERAL CONDITIONS, Subsection H., Other Insurance, of this Policy is hereby deleted in its entirety and replaced with the following:

H. Other Insurance
If other valid and collectible insurance is available to an “insured” covering any exposure also covered by this Policy, the insurance afforded by this Policy shall apply as primary insurance, except for:

1. Any such insurance providing coverage for “indoor environmental conditions” at a “covered location”;

2. Any such insurance providing coverage for “business interruption loss”;

3. Any such insurance providing coverage for “transportation”; or

4. The following policy(s): ( 1. through 4. hereinafter collectively referred to as Identified Insurance).

Therefore, this Policy shall apply in excess of, and shall not contribute with, any Identified Insurance.

II. Insured-Specific Endorsement Application
Solely to the extent that there is an X indicated in this Section II., above, the “insured” and the Insurer hereby agree to the modifications identified in Section I. of this Endorsement only apply to coverage afforded pursuant to this Policy for the “insureds” specifically described in the Schedule of Primary Insureds, below:

Schedule of Primary/Non-Contributory Insureds
All other terms and conditions of this Policy remain unchanged.

Authorized Representative
PF-44957 (09/14) Page 1 of 1

NOTICE OF CANCELLATION AMENDATORY (GENERIC TIME FRAME) ENDORSEMENT

NOTICE OF CANCELLATION AMENDATORY (GENERIC TIME FRAME) ENDORSEMENT Named Insured
Peterson Holding Company, et al
Endorsement Number
009
Policy Symbol
PPI
Policy Number
G27058140 013
Policy Period
4WR5
Effective Date of Endorsement
04/01/2024
Issued By (Name of Insurance Company)
Illinois Union Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The “insured” and the Insurer hereby agree to the following changes to this Policy:

Section IX., GENERAL CONDITIONS, Subsection A., Cancellation, Paragraph 2., of this Policy is hereby deleted in its entirety and replaced with the following:

2. This Policy may be cancelled by the Insurer for the following reasons:
a. Non-payment of premium; or
b. Fraud or material misrepresentation on the part of any “insured”, by mailing to the “first named insured” at the “first named insured’s” last known address, written notice stating when, not less than ninety (90 ) days thereafter, fifteen (15) days if cancellation is for non-payment of any unpaid portion of the premium, such cancellation shall be effective. The mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the “policy period”.

Subparagraph 2.b., herein, shall apply only to that “insured” that engages in the fraud or misrepresentation. This exception shall not apply to any “insured” who is a parent corporation, subsidiary, employer of, or otherwise affiliated by ownership with, such “insured”.

All other terms and conditions of the Policy remain unchanged.

Authorized Representative

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5,000,000
P.O. Box 5258
750341982
750341982
City of Vallejo
75,000
5,000,000
04/01/25
[email protected]
Professional Liability
Vallejo, CA 94590
P.O. Box 5668
31127COLUMBIA CAS CO
RE: All Contracts/Written Agreements between the Certificate Holder and the Insured. 1-925-798-3334
A
Attn: Risk Manager
San Leandro, CA 94577 USA
N
USA
04/01/24
Diana Novicio
925-822-9163
Peterson Power Systems, Inc.

Peterson Holding Company
Deductible
Aggregate Limit
925-887-6710
03/28/2024
CPB7018514054
CA LIC 0B29370
555 Santa Clara Street
Concord, CA 94524 USA
Per Claim
DNovicio
[Concord - Branch ID 15469] DIV# 401/406
Edgewood Partners Insurance Center (EPIC)

SUPP (05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/Remarks from Page 1:

Additional Information:

Peterson Power Systems, Inc.

Peterson Holding Company
This page intentionally left blank.
03/28/2024
ACTION ITEM 9.D.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Veronica A. F. Nebb, City Attorney
SUBJECT: INTRODUCTION OF AN ORDINANCE REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON

STREETS - STOPS BY VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 "SIDEWALK/RIGHT-OF-WAY/PATH VENDING, PEDDLERS AND SOLICITORS"

RECOMMENDATION
Introduce an Ordinance repealing Sections 5.04.200 relating to Peddlers and Solicitors and 8.40.100 relating to Placing Objects on Streets - Stops by Vendors Selling Merchandise of the Vallejo Municipal Code and adding Chapter 5.02 "Sidewalk/Right-of-Way/Path Vending, Peddlers and Solicitors."

REASONS FOR RECOMMENDATION
The proposed Ordinance would allow the City to regulate sidewalk vendors, peddlers, and solicitors in compliance with state law and would repeal existing provisions of the Vallejo Municipal Code that are not in compliance.

BACKGROUND AND DISCUSSION
Background
In 2018, the California legislature passed, and the Governor signed, Senate Bill 946, also known as the Safe Sidewalk Vending Act (“Act”). Effective January 1, 2019, the Act adds sections 51036 through 51039 to the California Government Code to regulate sidewalk vendors throughout the State, including charter cities such as the City of Vallejo. The purpose of the Act is to promote and support low-income and immigrant communities throughout the State. To that end, the legislature made the following findings and declarations in the Act:
• Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities.
• Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
• Sidewalk vending contributes to a safe and dynamic public space. • The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
• The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.

The Act defines “sidewalk vendors” as “persons who sell food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.” A sidewalk vendor may be roaming or stationary. The terms roaming and stationary are defined in the state law.

Date: December 10, 2024
Subject: INTRODUCTION OF AN ORDINANCE REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON

STREETS - STOPS BY VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 "SIDEWALK/RIGHT-OF- WAY/PATH VENDING, PEDDLERS AND SOLICITORS"

Page 2 ends

As noted above, the legislature desired to promote entrepreneurship and limit local control over such activities. As a result, under the Act, local jurisdictions may notdo the following:

1. Require a sidewalk vendor to operate within specific parts of the public right-of-way, except when directly related to “objective health, safety, or welfare concerns.”

2. Prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority except under specific circumstances.

3. Restrict sidewalk vendors to operate only in a designated neighborhood or area, except when the restriction is directly related to objective health, safety, or welfare concerns. However, stationary sidewalk vendors (as opposed to roaming sidewalk vendors) may be prohibited in areas zoned exclusively residential.

4. Restrict the overall number of sidewalk vendors permitted to operate within the local authority’s jurisdiction, unless the restriction is directly related to objective health, safety, or welfare concerns.

5. Require a sidewalk vendor to first obtain the consent or approval of any non-governmental entity or individual (private business or property owners) before he or she can sell food or merchandise on a public sidewalk.

Local jurisdictions may, however, adopt objective requirements that directly relate to objective health, safety, or welfare concerns, including but not limited to:

1. Limitations on the hours of operation (provided they are not more restrictive than for other businesses operating on the same street);

2. Requirements to maintain sanitary conditions;

3. Requirements to ensure compliance with the federal Americans with Disabilities Act;

4. Requiring the sidewalk vendor to obtain a permit for sidewalk vending and a valid business license;

5. Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration (CDTFA) seller’s permit;

6. Prohibiting stationary sidewalk vendors, but not roaming sidewalk vendors, in areas zoned exclusively residential;

7. Prohibiting stationary sidewalk vendors, but not roaming sidewalk vendors, from vending in a City park if an operator in the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;

8. Prohibiting sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. The Act defines “certified farmers’ market” in accordance with the Food and Agricultural Code and “swap meet” in accordance with the Business and Professions Code;

9. In City parks, prohibiting sidewalk vending activity to ensure the public’s use and enjoyment of natural resources and recreational opportunities and necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park;

10. Prohibiting sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit for the duration of the temporary special permit. A temporary special permit is “a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit”;
Date: December 10, 2024
Subject: INTRODUCTION OF AN ORDINANCE REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON

STREETS - STOPS BY VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 "SIDEWALK/RIGHT-OF- WAY/PATH VENDING, PEDDLERS AND SOLICITORS"

Page 3 ends

11. Requiring a sidewalk vendor to submit certain information on his or her operations (e.g., name of vendor; type of merchandise; CDTFA permit number; if the vendor is an agent of another, the name of the principal, etc.); and

12. Requiring compliance with other generally applicable laws.

Under SB 946, criminal penalties for sidewalk vending are prohibited. Administrative fines are specifically provided under the state law for both failure to obtain a permit and violation of operating restrictions. In addition, state law requires that fines may be reduced based upon an “ability-to-pay determination.”

The Proposed Ordinance
The proposed Ordinance complies with all of SB 946’s requirements. Specifically, the proposed Ordinance:
• Imposes a permit requirement upon any person who sells food or merchandise upon a public sidewalk, other pedestrian path or public park.
• Includes specific regulations which require that the Sidewalk Vendor operate within the public right-of- way in a safe manner so as not to obstruct the sidewalk, pathway or interfere with pedestrian or vehicular traffic, or use and enjoyment of a public park. • Prohibits Sidewalk Vendors from operating within 500 feet of a permitted certified farmers’ market and areas subject to an encroachment permit, temporary use permit, or special event permit • Prohibits Sidewalk Vendors from operating within 250 feet of a school when school is in session, extending one hour before the start of classes and one hour after the end of classes, to limit traffic congestion and to ensure children may travel safely to and from school • Prohibits Sidewalk Vendors from operating within 500 feet of a creek, river, drainage way, lake, reservoir, or other body of water and any recreational equipment or other structure or building located within a public park
• Limits roaming sidewalk vending to between the hours of 9:00 a.m. and 6:00 p.m. in areas that are exclusively residential
• Requires the City to issue and Sidewalk Vendor permitees to wear a badge that identifies them as a “Licensed Sidewalk Vendor” and includes the period for which the permit is valid and a permit number when engaged in sidewalk vending
• Requires that the Sidewalk Vendor permit be displayed upon the street-side portion of their pushcart, stand, display, or other conveyance when operating in the right-of-way • Prohibits Sidewalk Vendors from obstructing entry to or exit from a business, residence, or public facility
• Requires Sidewalk Vendors to maintain general liability insurance naming the City of Vallejo as additional insured in the amount required by the City’s Risk Manager • Requires proof of a valid mobile food vending permit from the County of Solano Department of Public Health if engaged in food sales

The proposed Ordinance also moves regulations for Peddlers and Solicitors (who do not meet the definition of Sidewalk Vendor) from the business license tax ordinance to Chapter 5.02.

Specifically, as to Peddlers and Solicitors, the proposed ordinance continues to:

Date: December 10, 2024
Subject: INTRODUCTION OF AN ORDINANCE REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON

STREETS - STOPS BY VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 "SIDEWALK/RIGHT-OF- WAY/PATH VENDING, PEDDLERS AND SOLICITORS"

Page 4 ends

• Impose a permit requirement upon any person (other than a Sidewalk Vendor) who sells or offers to sell any goods, wares, merchandise or thing at any place in the City other than from a fixed place of business
• Require that the permittee maintain general liability insurance naming the City of Vallejo as additional insured in the amount required by the City’s Risk Manager • Require that the permittee wear a badge that identifies them as a Licensed Peddler or Solicitor, as the case may be, when engaged in peddling or soliciting
• Require that the permittee provide a valid California Department of Tax and Fee Administration seller’s permit, if required
• Require a description of any vehicle and license number if a vehicle is to be used • Require proof of a valid mobile food vending permit from the County of Solano Department of Public Health, if applicable
• Require that the permittee agrees, in writing, to comply with all applicable provisions of the Vallejo Municipal Code
• Exempt specific persons from the permit requirement, including (1) any charitable institution, organization or association organized for charitable purposes only; (2) any religious, fraternal, educational, military, state, county or municipal organization or association conducting any business which is open to members thereof only and not open to the public; (3) any religious, fraternal, educational, military, state, county or municipal organization or association conducting or staging any amusement or entertainment, concert exhibition, lecture, dance or athletic event, when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain of any person; and (4) any natural person under the age of seventeen years whose annual gross receipts from any and all business are five hundred dollars or less.

All Sidewalk Vendors, and non - exempt Peddlers, and Solicitors will be required to obtain a business license in addition to the permit requirement imposed by the proposed Ordinance and will be responsible for the payment of any business license tax.

If adopted, the proposed Ordinance will go into effect one hundred twenty (120) days after its adoption. During the 120-day delayed effective date, the City will conduct outreach and education and will begin taking applications and issuing permits so that existing vendors will have time to come into compliance upon the effective date.

FISCAL IMPACT
This action is regulatory in nature and is not anticipated to impact the General Fund.

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

ATTACHMENTS

1. Sidewalk Vending Ordinance_CAO Stamp
Date: December 10, 2024
Subject: INTRODUCTION OF AN ORDINANCE REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON

STREETS - STOPS BY VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 "SIDEWALK/RIGHT-OF- WAY/PATH VENDING, PEDDLERS AND SOLICITORS"

Page 5 ends

CONTACT
Veronica A. F. Nebb, City Attorney (707) 648-4545
[email protected]

1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO REPEALING SECTIONS 5.04.200 RELATING TO PEDDLERS AND SOLICITORS AND 8.40.100 RELATING TO PLACING OBJECTS ON STREETS—STOPS BY

VENDORS SELLING MERCHANDISE OF THE VALLEJO MUNICIPAL CODE AND ADDING CHAPTER 5.02 “SIDEWALK/RIGHT-OF-WAY/PATH VENDING, PEDDLERS AND SOLICITORS”
SECTION 1. Recitals.

WHEREAS, on September 17, 2018, Governor Brown signed Senate Bill No. 946 (“SB 946”) adding sections 51036-51039 to the Government Code; and WHEREAS, SB 946 decriminalized sidewalk vending and limited local regulations to those expressly provided for in the bill or which are “directly related to objective health, safety, or welfare concerns”; and
WHEREAS, the Vallejo Municipal Code currently regulates street and sidewalk vending, peddlers and solicitors in a manner that does not strictly comply with SB 946; and WHEREAS, the City desires to adopt a revised sidewalk, right-of-way, and path vending, peddler and solicitor ordinance to ensure compliance with SB 946.

NOW THEREFORE THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 2. The following sections of the Vallejo Municipal Code are hereby repealed:

Section 5.04.200 “Peddler’s and Solicitor’s License – Application – Issuance” and Section

8.40.100 “Placing objects on streets—Stops by vendors selling merchandise.” SECTION 3. Chapter 5.02 is hereby enacted to read as follows:

Chapter 5.02

SIDEWALK / RIGHT-OF-WAY/ PATH VENDING, PEDDLERS AND SOLICITORS Sections:

5.02.010 Definitions

2 5.02.020 Sidewalk Vendor Permits

5.02.030 Peddler/Solicitor Permits

5.02.040 General Regulations

5.02.050 Location Specific Regulations

5.02.060 Exemptions

5.02.070 Violation-Penalty

5.02.080 Ability to Pay Determination

5.02.010 Definitions.

As used in this chapter the following meanings shall apply:
“Sidewalk” means the area of the public right-of-way which is designated or ordinarily used for pedestrian travel, and including also any paved or unpaved land within the right of way adjacent to any public street or highway. Sidewalk also includes other pedestrian paths located on public property.
“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Sidewalk vending receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Peddler” means any person, (other than a Sidewalk Vendor), who, at any place in the city other than from a fixed place of business or from a Sidewalk, sells and makes immediate delivery or offers for sale and immediate delivery, any goods, wares, merchandise or thing, in the possession of the seller, from a vehicle or temporary structure such that passers-by are encouraged or solicited in any manner to stop and make purchases of such goods, wares, merchandise or thing, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale, or sell to manufacturers for manufacturing purposes, or to bidders for public works or supplies. Peddler does not include a person who is a vendor at a properly licensed and permitted certified Farmer’s Market or at an event properly permitted with a Special Event Permit or Temporary Use Permit where such vendors are identified as part of the specific event.
“Solicitor” means any person (other than a Sidewalk Vendor) who, at any place in the city other than from a fixed place of business or from a Sidewalk, sells or takes orders, or offers to sell or take orders for any goods, wares, merchandise, or thing, for future delivery, or for services to be performed. Solicitor includes door to door salespersons, but shall not include 3 salesmen or agents for wholesale houses or firms who solicit orders from retail dealers for resale, or solicit orders from manufacturers for manufacturing purposes, or to bidders for public works or supplies. Peddler does not include a person who is a vendor at a properly licensed and permitted certified Farmer’s Market or at an event properly permitted with a Special Event or Temporary Use Permit where such vendors are identified as part of the specific event.

5.02.020 Sidewalk Vendor Permits.

A. Only sidewalk vendors with valid sidewalk vending permits issued by the public works director or designee, may vend upon the city's public rights-of-way, sidewalks or public parks.

B. A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner rescinded as set forth in Section 5.02.070(B)(4), below.

C. To apply for a sidewalk vending permit, the applicant must provide:

1. A completed application form containing:
a. Their name and mailing address;
b. Description of the merchandise offered for sale or exchange; c. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and
d. Certification that the information is true to his or her knowledge and belief.

2. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4).

3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

4. If vending includes food, a copy of a valid mobile food permit issued by the County of Solano Department of Public Health.

5. Certificate of insurance and endorsements for general liability insurance, naming the City of Vallejo as additional insured and in the amount required by the City’s Risk Manager.

6. A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if the latter, the intended method and path of travel.

7. A description of the dimensions of the sidewalk vending unit, including the square footage of any display area, and a picture of each sidewalk vending unit operating under the permit.
4 8. If a vehicle is to be used, a description of the same, together with license number or other means of identification.

D. The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Vallejo Municipal Code.

E. Badges. The public works director or designee shall issue to each permittee at the time of delivery of their permit a badge which shall contain the words "Licensed Sidewalk Vendor” the period for which the permit is issued and the number of the permit, in letters and fonts easily discernible from a distance of ten feet. Such badge shall, during the time such permittee is engaged in sidewalk vending, be worn constantly by the permittee on the front of their outer garment in such a way as to be conspicuous.

5.02.030 Peddler/Solicitor Permits.

A. Except as set forth in Section 5.02.060, only a peddler or solicitor with a valid peddler/solicitor permit issued by the public works director or designee, may vend within the City.

B. A peddler/solicitor vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner rescinded as set forth in Section 5.02.070(B)(4), below.

C. To apply for a peddler/solicitor permit, the applicant must provide:

1. A completed application form containing:
a. Their name and mailing address;
b. Description of the merchandise offered for sale or exchange; c. If the peddler/solicitor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and
d. Certification that the information is true to his or her knowledge and belief.

3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

4. If sales or offers for sales includes food which requires a mobile food vending permit, a copy of a valid mobile food permit issued by the County of Solano Department of Public Health.

5. Certificate of insurance and endorsements for general liability insurance, naming the City of Vallejo as additional insured and in the amount required by the City’s Risk Manager.
5 6. If a vehicle is to be used, a description of the same, together with license number or other means of identification; and
D. The peddler/solicitor permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Vallejo Municipal Code.

E. Badges. The public works director or designee shall issue to each permittee at the time of delivery of their license a badge which shall contain the words "Licensed Solicitor," or “Licensed Peddler” the period for which the permit is issued and the number of the permit, in letters and fonts easily discernible from a distance of ten feet. Such badge shall, during the time such permittee is engaged in the activity subject to the permit, be worn constantly by the permittee on the front of their outer garment in such a way as to be conspicuous.

5.02.040 General Regulations.

A. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk shall ensure that no obstruction is placed: (1) in, on, over or near the sidewalk that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb; (2) that would interfere with traffic signage by being located within 100 feet of a traffic signal, stop sign, directional sign or commercial driveway; or (3) that would obstruct vehicular traffic.

B. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor, peddler or solicitor selling any food or beverage which is not in a pre- packaged container is required to wear a hairnet and food service gloves.

C. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way. A peddler/solicitor permit does not provide an exclusive right to operate within any specific portion or area of the city.

D. No equipment or objects used for sidewalk vending purposes may be left or maintained unattended in public spaces or in any portion of the public right-of-way. Any equipment or objects left unattended in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

E. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

F. To preserve accessibility to private and public facilities, a sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility.

G. A sidewalk vendor, peddler/solicitor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana.
6 H. A sidewalk vendor, peddler/solicitor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids.

I. A sidewalk vendor shall not use an open flame on or within any sidewalk vending receptacle.

J. Sidewalk vending receptacles and units shall not touch, lean against, or be affixed at any time to any sidewalk, building or structure including, but not limited to, pavement or pavers, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

5.02.050 Location-Specific Regulations.

A. Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours. If other uses on the same street do not have uniform hours of operation, the hours of operation shall be the same as the majority of other businesses or uses on the same street.

B. Roaming sidewalk vending is limited to the operating hours of nine a.m. through six p.m. in areas that are exclusively residential.

C. Stationary sidewalk vending is prohibited from operating in areas that are exclusively residential.

D. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. A sidewalk vendor shall be prohibited from locating within one hundred (500) feet of a creek, river, drainage way, lake, reservoir or other body of water, any recreational equipment or other structure or building located within a city park.

E. A sidewalk vendor is prohibited from operating within five hundred (500) feet of a permitted certified farmers' market, or any area subject to an encroachment permit, temporary use permit, or special event permit, for special uses, including, but not limited to filming, parades, outdoor concerts, holiday events, community events, swap meets, art or cultural events, etc.

F. To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within two hundred fifty (250) feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes.

5.02.060 Exemptions.

The following are exempted from having to obtain a peddler/solicitor permit under this chapter:
7 A. Any charitable institution, organization or association organized and conducted for charitable purposes only.

B. Any religious, fraternal, educational, military, state, county or municipal organization or association conducting any business which is open to members thereof only and not open to the public.

C. Any religious, fraternal, educational, military, state, county or municipal organization or association conducting or staging any amusement or entertainment, concert exhibition, lecture, dance or athletic event, when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain of any person.

D. Any natural person under the age of seventeen years whose annual gross receipts from any and all business are five hundred dollars or less.

5.02.070 Violation-Penalty.

A. Every person engaged as a sidewalk vendor, peddler or solicitor operating without a sidewalk vending, peddler/solicitor permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

B. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

4. The public works director may rescind a sidewalk vending, peddler/solicitor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor.

Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.
8 D. An administrative violation constitutes a separate and distinct violation for each day that it exists, and each such violation may be subject to the maximum fine permitted under this chapter.

5.02.080 Ability-to-Pay Determination.

A. Any fine issued under Section 5.02.070 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (125) percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works director shall limit the total amount of the requestor's administrative fine to twenty (20) percent of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

SECTION 4.Severability.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact one or more provisions may be declared invalid.

SECTION 5.Effective Date.

This Ordinance shall take effect and be in full force and effect from and after one hundred twenty (120) days after its final passage.

ACTION ITEM 9.E.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
SUBJECT: RECEIVE A PRESENTATION FROM THE MUNICIPAL RESOURCE GROUP (MRG) OF

THE FINDINGS AND RECOMMENDATIONS OF ITS ASSESSMENT OF THE

BROADWAY AFFORDABLE HOUSING PROJECT

RECOMMENDATION
Receive the presentation from MRG summarizing its assessment of the Broadway Project.

REASONS FOR RECOMMENDATION
The City Council requested an assessment of the Broadway Project to analyze causes of project delays and budget overruns.The review has been completed by MRG.

BACKGROUND AND DISCUSSION
The Broadway Project is a permanent supportive affordable housing facility designed to address chronic homelessness in our community. The Project is a private development project funded through a combination of state grants, City and County American Rescue Plan Act (ARPA) funds, and loans including from Measure P funds.

On May 28, 2024, the City Council requested a review of the Broadway Project. On July 9, 2024, the City Council directed staff to award a contract to the Municipal Resource Group (MRG) to conduct an assessment of the Project.

MRG has completed its assessment and will present its findings and recommendations to the City Council on December 10, 2024. MRG will subsequently provide the City with a written report of its findings and recommendations, which the City will publish.

FISCAL IMPACT
The costs associated with the assessment were funded from the FY 24-25 General Fund budget. There is no additional fiscal impact to the General Fund at this time.

ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.

ATTACHMENTS
None

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

ACTION ITEM 9.F.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: CONSIDER AND AUTHORIZE STAFF TO SEND A POSITION LETTER FROM THE CITY

COUNCIL REGARDING THE RENAMING OF CALIFORNIA MARITIME ACADEMY

RECOMMENDATION
Authorize the City Council to sign a letter from the council addressed to the California State University system board of trustees expressing displeasure in the decision by the board to exclude the name Vallejo from the new name of the institution formed by the integration of CSU Cal Maritime and CSU Cal Poly San Luis Obispo.

REASONS FOR RECOMMENDATION
The CSU Trustees omitted Vallejo from the name of the newly integrated institutions. The Maritime Academy, located in South Vallejo has been a long time community partner. Omitting the name of Vallejo may be considered as a divisive move by the board. Constituents have expressed their dismay at the names chosen by the board: Cal Poly, Solano Campus and Cal Poly Maritime Academy.

BACKGROUND AND DISCUSSION
The California State University (CSU) Board of Trustees voted to integrate California State University Maritime Academy ("Cal Maritime") and California Polytechnic State University, San Luis Obispo ("Cal Poly"). The decision to integrate the two universities was made to address pressing fiscal and enrollment challenges faced by the California Maritime Academy. Without integration, Cal Maritime would have struggled to remain viable as a standalone institution without a significant increase in resources and funding. Integration was necessary to preserve Cal Maritime’s educational mission, which is essential to national security and the economic strength of California and the nation. Proposed reductions to the Cal Maritime operating budget would have risked compromising Cal Maritime’s critical infrastructure and unique educational mission.

Cal Poly was selected given the programmatic similarities, their renowned engineering offerings, dynamic enrollment management capabilities, and robust financial and administrative resources. For Fall 2023, Cal Poly was unable to admit over 30,000 highly qualified students who applied for admission. These are students who are also competitive applicants at many of the UC campuses and elsewhere. Integrating Cal Maritime and Cal Poly will increase the number of students who are accepted to pursue an education at the Cal Maritime campus. It will also expose greater numbers of potential applicants to the unique opportunities available to them with a state maritime academy education, whether license track or related major.

The new names of the integrated institutions, Cal Poly, Solano Campus and Cal Poly Maritime Academy do not include the name of the University’s host city, Vallejo. It is unfortunate that after a long-time relationship with the community, the Board of Trustees chose not to recognize the City of Vallejo.

The California Maritime Academy is a much-revered academic jewel in the City of Vallejo. Cal Maritime and its students, faculty and staff foster deep relationships within the community. The unique Cadet-Community Connection offers incoming freshmen 360 degrees of support during a rigorous first year: from their own family back home, from their campus community and from a local host family in Vallejo. Through interaction with their Community Hosts, first-year cadets learn more about Vallejo and experience the many positive aspects that

Date: December 10, 2024
Subject: CONSIDER AND AUTHORIZE STAFF TO SEND A POSITION LETTER FROM THE CITY

COUNCIL REGARDING THE RENAMING OF CALIFORNIA MARITIME ACADEMY

Page 2 ends

the town, Solano County, and the Bay Area, have to offer. It is quite common for Vallejoans to refer to “my cadet” or “our cadets.” Community members look forward to seeing cadets participate in local functions and serve as exemplary representatives of the CMA.

The California Maritime Academy is a critical part of the economic vitality of our city. Currently the CMA is an employer of choice and an economic engine. Increased enrollment at the local campus would result in more jobs to support the expanded student body. More prestigious research opportunities and more students with discretionary income could inject much needed revenues into our local economy.

Given the location of the campus and the community and economic ties to the institution, it would seem fitting to recognize the host city in the new name. One possible name for consideration for the Maritime Academy is “Cal Poly Maritime Academy, Vallejo.” The Vallejo City Council can bring this suggestion to the attention of the CSU Board of Trustees by signing and sending the attached letter addressed to Nathan Dietrich, Assistant Vice Chancellor, Advocacy and State Relations, Office of the Chancellor, California State University.

FISCAL IMPACT
None.

ATTACHMENTS

1. 12102024 CMA CalPoly SLO integration renaming Council position letter Final

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

555 Santa Clara St., Second Floor ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4377 December 10, 2024
Nathan Dietrich
Assistant Vice Chancellor, Advocacy and State Relations Office of the Chancellor
California State University
915 L Street, Suite #1160
Sacramento, CA 95814
[email protected]
Re: Renaming of California State University Maritime Academy (“Cal Maritime”) Dear Mr. Dietrich,
As the elected representatives of the residents of the City of Vallejo, the home city of California State University Maritime Academy (“Cal Maritime”), we write to express concern to the Board of Trustees regarding the recent naming decision integrating Cal Maritime and California Polytechnic State University, San Luis Obispo (“Cal Poly”). We are grateful that Cal Maritime will continue to provide world class technical and maritime programs as part of a larger institution. The integration has the potential to deliver welcomed local, regional and national social, educational and economic impacts. Thank you for this bold decision.

Although the integration will unite two institutions, the proposed new names for the Cal Maritime campus and Cal Maritime programs, Cal Poly, Solano Campus and Cal Poly Maritime Academy, are divisive and unfortunately eliminate the name and identity of the University’s host city, Vallejo.

Our constituents have already shared their comments and complaints regarding the failure to include “Vallejo” as part of the name for the new integrated institution. We share their concerns.

The new name has the potential to drive a wedge between the University and the community.

The new name sends the message that the California State University system has turned its back on the residents of and the City of Vallejo. This reverses the policy and the efforts of the last two Cal Maritime Presidents who worked so hard to integrate Cal Maritime into our City and to become a vital part of Vallejo.

Vallejo has had a long and storied maritime and naval history. The U.S. Navy had a presence in Vallejo for over 140 years. While the Navy left in 1996, the Maritime Academy has been the Cal Maritime/Cal Poly naming

Page 2 ends

ongoing link between our proud past and our striving present. Since 1943, the community and the City have enjoyed a positive relationship with the school and have welcomed the students.

Many Cal Maritime Academy graduates have decided to stay and make Vallejo their home. It seems fitting that as recognition of the supportive community, Vallejo should appear in the name of the newly created institution. Our local Coast Guard facility is known as Coast Guard Station, Vallejo not Coast Guard Station, Solano.

We would like to highlight that most of Solano County is agricultural and inland, not known for its seafaring; using Solano in the name will undermine the maritime association. Additionally, there is already the Solano Community College campus in Vallejo, which may cause additional identity confusion.

We would like to believe the new name was due to a lack of understanding of how important the Maritime Academy is to the Vallejo community. The Vallejo City Council respectfully requests that upon receiving this correspondence from us that the Board of Trustees reconsider the name of the institution. For your consideration we submit, “Cal-Poly Maritime Academy, Vallejo.” Thank you for your time and attention to this matter. If there are any other considerations, please reach out to any of the Vallejo City Council Members or to Andrew Murray, our City Manager, directly. We cannot overstate the degree of concern this announced decision has engendered.

Sincerely,
Robert H. McConnell, Mayor
On Behalf of the Valley City Council
cc: file
CSU Board of Trustees
Vallejo City Manager
Vallejo City Attorney
ACTION ITEM 9.G.

DATE: December 10, 2024
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor McConnell SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF A

MENORAH AND THE DISPLAY THEREOF ON PUBLIC PROPERTY DESIGNATED BY

THE CITY COUNCIL

RECOMMENDATION
Adopt resolution authorizing the acceptance of a donation of a menorah and the display thereof on public property designated by the City Council.

REASONS FOR RECOMMENDATION
Recommendation to accept the gift of a menorah for display on public property. The display would be a holiday display in recognition of the upcoming Hanuka holiday. The acceptance and display of the gift would be inclusive of another aspect of the celebration of an overall winter holiday season. Council needs to authorize the exceptance and display and select a location by official resolution of the City Council.

BACKGROUND AND DISCUSSION

BACKGROUND

Offer of Donation:

Rabbi Chaim Zaklos from Chabad Solano has proposed to donate a large Menorah to the City of Vallejo to be displayed outdoors on city owned property during the celebration of Hanukkah. Beginning in 2020 Rabbi Zaklos and community members have set up a menorah display for a single night on city property and removed the display once they complete a lighting ceremony. In 2023 the menorah was set up Thursday, December 14 on the front steps of City Hall. The City of Vallejo has not funded the event. This year Hanukkah is observed starting from the evening of December 25 to the last night falling on January 2.

Description of the Menorah:

The Menorah for donation would be obtained from menorah.net a manufacturer of large public display menorahs used worldwide. The manufacturer states they produce high quality, durable and easy to assemble pieces. Material of construction is aluminum which provides a silver finish. Dimensions of the menorah are:
height: 12 feet, width: 8.5 feet, weight: 60 lbs. The menorah comes in two pieces and may be stored in its canvas storage case. The wheeled storage case has pockets for each arm. For outdoor display there is an inground base. The base which is placed flush to the ground may be installed permanently for annual menorah installation and removal. The nine lights on the menorah are LED chimney bulbs. Power required is regular 110 volt AC. There is a PCB (printed circuit board) which will light an additional light every 24 hours.

The retail value of the menorah and base is $2,174.00. If the gift is accepted, storage and maintenance of the menorah would become the responsibility of the City of Vallejo as would the cost of erecting and removing the display on an annual basis. Replacement bulbs and accessories may be obtained from the manufacturer. As of the date of this report a set of 9 replacement bulbs is $100.00.

Date: December 10, 2024
Subject: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF A

MENORAH AND THE DISPLAY THEREOF ON PUBLIC PROPERTY DESIGNATED

BY THE CITY COUNCIL

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Locations:

The following locations for a menorah display have been proposed by Public Work for consideration by the Council.
• Near the city’s holiday tree behind City Hall – There is a power source near the tree and the lay of the ground is conducive to a display. If this space was selected it is highly unlikely that the menorah would interfere with other winter holiday events. This is a preferred location to include the menorah as a part of the winter holiday display. Note that the Mad Hatter Festival is on December 7, 2024, and Hanukkah commences on Wednesday, December 25 this year. The Mad Hatter Festival is typically the first Saturday in December and may on a future date coincide with a menorah display. For future consideration the start of Hanukkah falls on Sunday December 14, 2025, Friday December 4, 2026, and Friday December 24, 2027.
• Barbara Kondylis Park along the waterfront – There is power in the middle of the park grassy area, not near the sidewalk or walkway.
• Near the ferry building – dependent on where the location is set. • In front of City Hall – would require running an extension cord and placing a cover on the cord (similar to events).

Currently, the City of Vallejo does not have a policy on accepting gifts. In the past the City has accepted gifts of significant value from our Sister Cities. The City of Akashi Japan gifted the COV with a large outdoor Seiko clock which is mounted on a pole in front of City Hall. The City of Akashi Japan also presented the COV with a large painting which is on display over the stairwell near the doors to the council chambers.

DISCUSSION:

The first question to be answered is whether to accept the gift of the menorah. With the Seiko clock and painting from Akashi, there is a precedent for accepting gifts intended for display on public property and for the enjoyment of the Vallejo public. Accepting such a gift would also come with an assumption that it would be displayed in public. We should also consider the intent of the gift; to celebrate and participate in the Vallejo community and share a cultural symbol.

The second question to be answered is whether the display of a menorah on Vallejo’s public property is appropriate and if so, the appropriate location thereof. The intent of the addition of a menorah is simply an acknowledgment of another aspect of our diverse community. The display of the menorah would not be an endorsement of what community members do or believe, but is intended to be a recognition of who they are. Display of the menorah (or any other displays on public property such as the flags) are considered strictly City speech.

Other cities in Solano County have determined that displaying a menorah on public property is appropriate.

Cities in Solano County with a public Menorah display inlcude:

• City of Benicia- Purchased a menorah and displays the menorah in the public park on 1st Street. Per correspondence with City of Benicia Parks & Community Services Director, “We bolt sides of Menorah to the Gazebo. Our crew poured a small 1x1 cement square with a 4-inch sleeve with a cap. When it Date: December 10, 2024
Subject: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF A

MENORAH AND THE DISPLAY THEREOF ON PUBLIC PROPERTY DESIGNATED

BY THE CITY COUNCIL

Page 3 ends

comes time for installation, they remove the cap and slide the bottom part of the Menorah into the sleeve.”
• Suisun City – per correspondence with Suisun City staff, they purchased a 12-foot menorah in 2021, which has become a centerpiece of their annual Menorah Lighting event. Each year, the menorah is displayed on the waterfront at City Hall from after Thanksgiving through the end of Hanukkah. The purchase was funded through the special events budget and approved as part of the city's priority list of events. This initiative was designed to make their Christmas on the Waterfront event more inclusive.

In 2023 there was some concern about the potential for antisemitic action. There were no incidents or protests during the event.
• City of Fairfield – Holds annual inclusive community celebrations and by City Council Resolution 2022-237 in 2022 conducted a concurrent Christmas tree lighting and Menorah lighting as one of the city sponsored events for the calendar year. In 2023 conducted separate Menorah lighting and Christmas tree lighting at separate locations resolution 2023-47. December 11, 2023 was the third annual menorah lighting.
• City of Vacaville – December 7, 2023 celebrated its 15th annual menorah lighting. • City of Rio Vista held its first menorah lighting December 9, 2023.

There is always the possibility of dissent or protest about a public display. Five other cities in Solano County have displayed a menorah without challenge or major controversy. There is also the possibility of vandalism such as what occurred in Oakland, CA in December 2023 when on the 6th night of Hanukkah the menorah was destroyed and thrown into Lake Merritt. A replacement menorah was installed for the evening and taken down at 10PM and put back up in the morning.

Chabad of Solano would need to order the menorah immediately upon council approval. The vendor should be able to deliver the unit to Vallejo in three business days.

Public works would need to set up the menorah prior to the December 25, 2024 start of Hanukkah. Rabbi Zaklos has communicated a preference for a display lasting for approximately one week prior to the start of the observance to one week after the observance.

FISCAL IMPACT
Public works estimated two persons, approximate six hours of staff time each to to dig, set forms, pour and finish the concrete , run power and install the menorah for $790.72. These costs will be paid out of the existing General Fund budget.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 as a minor alteration to an existing facility and Section 15311 as placement of a seasonal or temporary use item.

ATTACHMENTS

1. Resolution Accepting Menorah and Authrozing display thereof

CONTACT
Erik Rzomp, Executive Assistant to Mayor McConnell (707) 648-4377 [email protected]
Date: December 10, 2024
Subject: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF A

MENORAH AND THE DISPLAY THEREOF ON PUBLIC PROPERTY DESIGNATED

BY THE CITY COUNCIL

Page 4 ends

Resolution No. ________

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

DONATION OF A MENORAH DISPLAY AND AUTHORIZING THE TEMPORARY

DISPLAY THEREOF ON THE IDENTIFIED CITY PROPERTY
WHEREAS, Rabbi Chaim Zaklos from Chabad Solano has proposed to donate a large Menorah to the City of Vallejo to be displayed outdoors on city owned property during the celebration of Hanukkah; and WHEREAS, the City Council of the City of Vallejo undertakes a holiday celebration each year in the form of a holiday parade as well as a tree lighting event both of which take place in December; and WHEREAS, the City Council desires to accept the donation and add the Menorah to the holiday celebrations conducted by the City; and
WHEREAS, the display of signs, banners, flags, lights, objects and any other forms of decoration or communication on City property, other than property specifically designated as a public forum, is limited to City speech and City approved, City owned items; and WHEREAS, the approval of the display of any such items may only be authorized by official action of the City Council.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Vallejo hereby accepts the donation to the City of an aluminum Menorah, substantial as described in the staff report of even date herewith and authorizes the display thereof as specifically as City speech as part of the City’s overall holiday festivities from December ____, 2024 to January ___ 2025 upon City owned property, more particularly described as _________ ____________ .

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:

Vallejo City CouncilDecember 10, 2024

Vallejo City Council
December 10, 2024