HYBRID MEETING
www.Cityofvallejo.net
CALL AND NOTICE OF SPECIAL
MEETING AT 7:00 PM OF THE
VALLEJO CITY COUNCIL
JUNE 3, 2025
Council Chambers
555 Santa Clara Street
Vallejo, CA 94590
COUNCIL MEMBERS
Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares
NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom
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AGENDA
TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:
You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below. NOTICE: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
5. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310.
Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.
6. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. ADOPT A RESOLUTION AMENDING THE FY 2024-25 CAPITAL
IMPROVEMENT PROGRAM TO APPROPRIATE $350,000 OF HIGHWAY
SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS FOR THE
ROAD EDGELINE PROJECT (PW9715) (STEP 2 OF 2)
Recommendation: Adopt a Resolution amending the FY 2024-25 Capital Improvement Plan budget to recognize $350,000 of Highway Safety Improvement Program (HSIP) grant funds and appropriate expenditure budget in the same amount to the Road Edgeline Project (PW9715) (Step 2 of 2) Contact: Oscar Alcantar, Interim Public Works Director
[email protected]
B. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET TO APPROPRIATE $50,000 OF
TRANSPORTATION FUND FOR CLEAN AIR GRANT FUNDS FOR THE
FIFTH STREET BIKE AND PEDESTRIAN SAFETY IMPROVEMENTS
PROJECT (PW9714) (STEP 2 OF 2)
Recommendation: Adopt a Resolution amending the fiscal year 2024-25 Capital Improvement Program budget to appropriate $50,000 of Transportation Fund for Clean Air (TFCA) grant funds for the Fifth Street Bike and Pedestrian Safety Improvements Project (PW9714) - Step 2 of 2.
Contact: Oscar Alcantar, Interim Public Works Director
[email protected]
C. NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-25 CAPITAL GRANTS AND CONTRIBUTION FUND #221BUDGET TO RECEIVE AND
EXPEND ONE BAY AREA GRANT (OBAG) 3 FUNDS IN THE AMOUNT OF $2,400,000 (STEP 1 OF 2)
Recommendation: Notice of intent to amend the fiscal year 2024- 25 Capital Grants and Contribution Fund #221budget to receive and expend One Bay Area Grant (OBAG) 3 funds in the amount of $2,400,000 (step 1 of 2).
Contact: Kristin Pollot, AICP, Planning & Development Services Director, (707) 648-4326
[email protected]
D. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
FOR LEGAL SERVICES BETWEEN THE CITY OF VALLEJO AND WHITE
BRENNER LLP AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE
THE SAME
Recommendation: Adopt the resolution approving the First Amendment to the Agreement for Legal Services with White Brenner and authorizing the City Attorney to execute the Agreement on behalf of the City.
Contact: Randy J. Risner, Chief Assistant City Attorney [email protected]
E. ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VALLEJO AND WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN A CALIFORNIA LAW CORPORATION INCREASING ANNUAL
COMPENSATION TO $150,000 AND AUTHORIZING THE CITY ATTORNEY
TO EXECUTE THE SAME
Recommendation: Adopt a resolution approving the First Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Weintraub Tobin Chediak Coleman and Grodin and authorize the City Attorney to execute the same.
Contact: Randy J. Risner, Chief Assistant City Attorney [email protected]
F. ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VALLEJO AND OPPENHEIMER INVESTIGATIONS GROUP LLP INCREASING THE ANNUAL COMPENSATION TO $250,000 AND
AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
Recommendation: Oppenheimer Investigations Group, LLP is a law firm that provides independent investigation services to the City for employee complaints and city policy violations. The firm has reached its cap for this fiscal year and has ongoing investigations that are not yet complete. The City Attorney's Office requests adopting a resolution to increase the cap in the Agreement to $250,000 per fiscal year in order to allow OIG to complete its current investigations and get paid for its work.
Contact: Randy J. Risner, Chief Assistant City Attorney [email protected]
7. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first
A. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR
OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN OPERATOR AGREEMENT
FOR THE VALLEJO HOMELESS NAVIGATION CENTER WITH FIVE KEYS
SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED
$7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
Recommendation: Adopt a resolution amending the Fiscal Year 2024-2025 Budget to accept and appropriate $6,390,070.00 for operational funding of the Vallejo Homeless Navigation Center (Step 2 of 2) and approving an operator agreement for the Vallejo Homeless Navigation Center with Five Keys Schools and Programs for an amount not to exceed $7,041,049.40 for services through June 3, 2027.
Contact: Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
B. ADOPT A RESOLUTION APPROVING A TWO-YEAR AGREEMENT WITH THE
OPTION TO EXTEND FOR THREE ADDITIONAL YEARS WITH HUNT OIL OF
CALIFORNIA FOR THE SUPPLY OF FUEL AND PETROLEUM PRODUCTS AT
VARIOUS CITY FACILITIES FOR A TOTAL AMOUNT NOT TO EXCEED $5,000,000 FOR FIVE YEARS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
Recommendation: Adopt a resolution approving an agreement with Hunt Oil of California for the supply of fuel and petroleum products at various City facilities for a total amount not to exceed $5,000,000 and authorizing the City Manager to execute same.
Contact: Oscar Alcantar, Interim Public Works Director
[email protected]
C. ADOPT A RESOLUTION APPROVING TWO SEPARATE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENTS WITH ENVIRONMENTAL
RISK SERVICES CORPORATION (ERS) FOR THE MARE ISLAND AND THE
FORMER PG&E MANUFACTURED GAS PLANT ENVIRONMENTAL
CLEANUP PROJECTS, EACH FOR A THREE-YEAR TERM WITH TWO
ONE-YEAR EXTENSION OPTIONS IN A TOTAL NOT TO EXCEED AMOUNT OF $1,200,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SAME
Recommendation: Adopt a resolution approving two separate consultant and professional services agreements with Environmental Risk Services Corporation (ERS) for the Mare Island and the former PG&E Manufactured Gas Plant Environmental Cleanup Projects, both projects funded by third party sources, each for a three-year term with two one-year extension options in a total not to exceed amount of $1,200,000 and authorizing the City Manager to execute the same.
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
D. ADOPT TWO RESOLUTIONS AWARDING: (1) AN ON-CALL CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT TO CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE
MARE ISLAND CAUSEWAY BRIDGE PREVENTATIVE MAINTENANCE
AND REPAIR PROJECT IN AN AMOUNT NOT TO EXCEED $1,410,402; AND (2) AN ON-CALL CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT TO CSG CONSULTANTS, INC. FOR CONSTRUCTION
MANAGEMENT SERVICES RELATED TO OTHER FEDERALLY FUNDED
PROJECTS IN AN AMOUNT NOT TO EXCEED $500,000, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS
Recommendation: Adopt two resolutions awarding: (1) an On-Call Consultant and Professional Services Agreement to CSG Consultants, Inc. for construction management services related to the Mare Island Causeway Bridge Preventative Maintenance and Repair Project in an amount not to exceed $1,410,402; and (2) an On-Call Consultant and Professional Services Agreement to CSG Consultants, Inc. for construction management services related to other federally funded projects in an amount not to exceed $500,000, and authorizing the City Manager to execute the Agreements.
Contact: Oscar Alcantar, Interim Public Works Director
[email protected]
E. ADOPT A RESOLUTION APPROVING A LEASE AND OPERATOR
AGREEMENT FOR THE BROADWAY PROJECT WITH SHELTER, INC. AND
FIRM FOUNDATION COMMUNITY HOUSING AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET IN THE AMOUNT OF $642,860.94 OF OPIOID LITIGATION FUND BALANCE TO
SUPPORT THE PROJECT
Recommendation: Adopt a resolution approving a Lease and Operator Agreement for the Broadway Project with Shelter, Inc. and Firm Foundation Community Housing and providing notice of intent to amend the fiscal year 2024-2025 budget in the amount of $642,860.94 of Opioid Litigation Fund Balance to support the Project (step 1 of 2).
Contact: Gillian Haen, Assistant City Manager, (707) 648- [email protected]
F. RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
Recommendation: Receive an update on the unhoused situation and provide direction to staff on the City's unhorsed options.
Contact: Gillian Haen, Assistant City Manager (707)648-4163 [email protected]
Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
G. HOLD A PUBLIC HEARING TO PRESENT INFORMATION ON THE CITY'S
JOB VACANCY STATUS
Recommendation: There is no recommended action for this item.
Contact: Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
H. ADOPT A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) 2025 WORK PLAN AND RELATED FY2025-26
BUDGET REQUEST OF A NOT TO EXCEED AMOUNT OF $30,392.
Recommendation: Adopt a resolution (Attachment A) by the City Council to approve the EDC 2025 Work Plan with its request of $20,000 from the City of Vallejo FY 2025-26 budget and a re-allocation of unexpended EDC FY2024-25 funds not to exceed $10,392.
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
8. ADJOURNMENT
ADDITIONAL CITY INFORMATION
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Dated: Thursday, May 29, 2025
Andrea Sorce, Mayor
I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to
Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares,
at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 6:45 p.m., Thursday, May 29, 2025.
Dated: Thursday, May 29, 2025
CONSENT CALENDAR 6.A.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM TO APPROPRIATE $350,000 OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) GRANT FUNDS FOR THE ROAD EDGELINE PROJECT (PW9715) (STEP 2 OF 2)
RECOMMENDATION
Adopt a Resolution amending the FY 2024-25 Capital Improvement Plan budget to recognize $350,000 of Highway Safety Improvement Program (HSIP) grant funds and appropriate expenditure budget in the same amount to the Road Edgeline Project (PW9715) (Step 2 of 2)
REASONS FOR RECOMMENDATION
The City received a grant from the HSIP in the amount of $350,000 for the Road Edgeline Project (PW9715).
The notice of intention to amend the budget was provided to City Council on May 27, 2025.
BACKGROUND AND DISCUSSION
The State of California issues a call for projects every two years to be funded by HSIP grant funds.
Jurisdictions with a Local Road Safety Plan (LRSP) are eligible to apply. Public Works Transportation identified a project that will add white edgelines to local collector streets as a traffic safety measure. White edgelines along roadways help drivers stay in their lanes, avoiding sideswipe accidents.
The City was initially awarded $243,450 in grant funding to install edgelines on major collector streets in Vallejo. Following a request by the City Traffic Engineer, Caltrans reviewed the project scope and costs, resulting in an increase of the grant amount to $350,000 (see attached grant documents for reference). The grant includes a 10% local match requirement, totaling $38,870. This project will be implemented in coordination with Vallejo’s enhanced roadway pavement management program and the on-call roadway re- striping program. The required matching funds will be drawn from existing budgets already allocated to those two initiatives.
This item represents the second step in the required two-step process to amend the FY 2024-25 Capital Improvement Program (CIP) Adopted Budget to recognize the new grant funding from the HSIP and appropriate expenditure budget. The first step was presented to City Council at the May 27, 2025, meeting.
FISCAL IMPACT
The approval of this item is the second step in a two-step process for amending the FY 2024-25 CIP Adopted Budget. This item has no fiscal impact to the General Fund. The HSIP grant funds in the amount of $350,000 will be added to the Road Edgeline project (PW9715) per below:
SOURCE (Fund 221 - Grants /
Reimbursements)
REVENUE EXPENDITURES
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM TO APPROPRIATE $350,000 OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) GRANT FUNDS FOR THE ROAD EDGELINE PROJECT (PW9715) (STEP 2 OF 2)
PW9715: Road Edgeline Project
HSIP grant agreement
$350,000 $350,000
The grant covers 90% of the costs of adding edgeline striping to collector streets in Vallejo. The project will be delivered as an extra activity to other funded Paving and Striping Projects which are locally funded. These additional project efforts will constitute the City's 10% grant match in the amount of $38,870. As these projects are already funded, no additional City matching funds are needed.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) because it is not a project which has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378 as no project is actually being approved by the action. Any necessary environmental review is required to take place prior to the approval of any future construction project.
ATTACHMENTS
1. RESO Amend FY24-25 CIP Budget Step 2of2 appropriate $350k HSIP grant F221 for PW9715 Road Edgeline Projec. 6.10.25t CAO Stamp
2. HSIPTESCChange 2025 City of Vallejo H12-04-057
3. Email FW_ Cycle 12 HSIP Project H12-04-057 State Fund Allocation (Cost Increase Approved for $350,000)
4. D4 - HSIP Cycle 12 Selected Projects
CONTACT
Oscar Alcantar, Interim Public Works Director
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25- ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT
PROGRAM (CIP) BUDGET TO APPROPRIATE $350,000 IN HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS FOR THE ROAD EDGELINE PROJECT (PW9715) - STEP 2 OF 2
WHEREAS, the State of California issues a call for projects for the HSIP every two years and jurisdictions with a Local Road Safety Plan (LRSP) are eligible to apply; and WHEREAS, Public Works Transportation identified adding white edgelines to local collector streets as an appropriate safety measure to implement in Vallejo, helping drivers identify and stay in their lanes, avoiding sideswipe accidents; and
WHEREAS, the State of California awarded the City of Vallejo $350,000 to add edgelines to major collector streets in Vallejo; and
WHEREAS, per Vallejo City Charter Section 703, amending the budget requires public notice and intent prior to any action taken. The notice of intention to amend the budget (step 1) was provided to City Council on May 27, 2025.
NOW THEREFORE BE IT RESOLVED that the City of Vallejo City Council hereby amends the FY 2024-25 Capital Improvement Program (CIP) Budget by recognizing grant revenue in the amount of $350,000 from the Highway Safety Improvement Program (HSIP), appropriating expenditure budget in the same amount, and establishing the Road Edgeline Project (PW9715).
SOURCE (Fund 221 – Grants /
Reimbursements)
REVENUE EXPENDITURES
PW9715 – Road Edgeline Project
HSIP grant agreement
$350,000 $350,000
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 10, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Request Form for HSIP Time Extension, Scope/Cost Change
Request Form for
HSIP Project Time Extension, Scope/Cost Change
To request a delivery time extension or a project scope/cost change for a local Highway Safety Improvement Program (HSIP) project, please complete this form and submit the signed form to the DLAE. The form must be completed and submitted by a Local Public Agency (LPA), not the consultant that works on the project.
After review, the DLAE may reject the request, or recommend to approve the request and forward it to the HQ HSIP Managers for further review.
HSIP Unique ID: H12-04-057 Project Number: HSIPSL-5030(076) (If available) Responsible Agency: Vallejo Caltrans District: 4
County: Solano County
Name: Tony Chu Title: City Traffic Engineer
Phone: (707) 645-2628 Email: [email protected] Local Agency's Contact Person:
Project Information:
Attention:
Caltrans District 4 DLAE
111 Grand Avenue (94612)
P. O. Box 23660
Oakland, CA 94623-0660
Dear Caltrans District 4 DLAE:
We request that Caltrans consider this request for time extension/project scope/cost change for the subject local Highway Safety Improvement Program (HSIP) project:
(Current Project Location and Current Project Description of Work can be found at the online Approved Project Lists.
Current
Project Location:
(max 250 characters)
Major collector streets including Admiral Callaghan Lane, Ascot Parkway, Benicia Road, Borges Lane, Camino Alto, Corcoran Avenue, Florida Street, Glen Cove Parkway, Nebraska Street, and Whitney Avenue.
Current
Description of Work:
(max 250 characters)
Install edgelines.
Project Category:
Set-aside for Installing Edgelines
Request Form for HSIP Time Extension, Scope/Cost Change
Project Delivery Time Extension
Project Scope Change
Project Cost Change
This request is for (at least one needs to be checked):
Request for project cost change:
Please explain the cost change in detail below, and then complete the project cost table.
Revised Engineers Estimate from $270,500 to $388,870.
Cost by Phase prior to this reqeust Cost by Phase with this request Phase Total HSIP Reimb. Ratio Total HSIP Reimb. Ratio
PE 0.00% 0.00%
R/W 0.00% 0.00%
CON $270,500 $243,450 90.00% $388,870 $350,000 90.00% TOTAL $270,500 $243,450 90.00% $388,870 $350,000 90.00% Note (for scope/cost change request):
1. If the request includes construction cost change, please provide an Engineer's Estimate (and/or low bidders' items estimate at award) that must match this request.
2. If the subject project is for a funding set-aside, the scope change (if requested) must meet the requirements of the particular set-aside under which the project has been selected for funding. If a cost change is requested, the total HSIP cost must not exceed the maximum allowed under this set- aside in the original Call-for-Projects.
3. An updated BCR calculation using available crash data in the most recent 3 to 5 years is required if:
(a). This is a BCR project and the request includes a project scope change; or (b). This is a BCR project; the request does not involve a scope change however the HSIP portion of the cost increase is more than $100,000; (c). This is a set-aside project; the total HSIP cost after the increase will exceed the maximum of the total HSIP funding allowed for this set-aside and the agency would like to re-categorize this project and use a BCR to justify the cost increase.
The updated BCR calculation must be stamped and signed by an active California-licensed Professional Engineer (PE) or Traffic Engineer (TE). The HSIP Analyzer for calculating the BCR can be downloaded here.
When an updated BCR calculation is required, the scope/cost change will be considered only if the updated the BCR is no less than the average BCR cutoff of the most recent three HSIP cycles.
Request Form for HSIP Time Extension, Scope/Cost Change
Local Agency Certification:
I certify that the information provided in this request is accurate and correct. I understand that if the required information has not been provided this form will be returned. You may direct any questions to:
Signature*: Date: Mar 25, 2025
Title: City Traffic EngineerName: Tony Chu
Phone Number: (707) 645-2628
* Please print and sign if the digital signature does not work for you.
The person in responsible charge:
Caltrans District Local Assistance Engineer (DLAE) Acceptance:
(to be completed by the DLAE or assignee)
I have reviewed the information submitted on this request and recommend the HQ HSIP Managers to approve this request.
Name: Xi Zhang Title: Sr. TE
Signature: Date: Mar 25, 2025
Phone Number: 510-960-0785
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No. Unique
Project ID Original Application ID Caltrans District Agency Name State Senate District(s) State Assembly District(s) County MPO Location of Work Description of Work Project Cost HSIP Funds Application Category*
Funding Type
(State/Federal)
41 H12-04-001 04-Clayton-1 4 Clayton 7 15 Contra Costa
County MTC Thirteen (13) signalized intersections. Upgrade signal heads with retroreflective backplates. $ 50,700 $ 45,630 BCR State 42 H12-04-002 04-Concord-1 4 Concord 7 15 Contra Costa
County MTC Various locations. Install / upgrade signs with new fluorescent sheeting. $ 7,782,500 $ 7,004,250 BCR Federal 43 H12-04-003 04-Concord-2 4 Concord 7 15 Contra Costa
County MTC Olivera Road & Grant Street-Northwood Drive. Modify existing traffic signal system to eliminate permissive left- turn operations and improve intersection safety lighting. $ 932,500 $ 839,250 BCR State 44 H12-04-004 04-Concord-3 4 Concord 7 15 Contra Costa
County MTC Various locations.
Install traffic signal backplates with yellow retroreflective border, install pedestrian countdown signal heads, accessible push button and associated ADA curb ramp upgrades and implement leading pedestrian interval (LPI).
$ 1,117,000 $ 1,005,300 BCR State 45 H12-04-005 04-Contra Costa County-1 4 Contra Costa County 7 15 Contra Costa County MTC
Various locations on arterials, collectors, and local roads within the Bay Point, Concord, and Martinez areas of unincorporated Contra Costa County.
Replace sub-standard Metal Beam Guardrails (MBGR) with
Midwest Guardrail System (MGS) and end treatments. $ 1,787,400 $ 1,000,000 SA-Guardrail State 46 H12-04-006 04-Contra Costa County-2 4 Contra Costa County 9 16 Contra Costa County MTC Treat Boulevard in the City of Walnut Creek and unincorporated Contra Costa Centre area, from N Main St to Jones Rd.
Install Class IV bikeways between N Main St and Jones Rd, install a shared use path between Buskirk Ave and Oak Rd, eliminate free right turns, and modify traffic signals and pedestrian refuge islands.
$ 5,106,300 $ 350,000 SA-BikeSafety State 47 H12-04-007 04-Contra Costa County-3 4 Contra Costa County 9 15, 16 Contra Costa County MTC
The intersections of Danville Blvd & South Ave in Alamo and Center Ave & Deodar Dr in Pacheco, unincorporated Contra Costa County.
Install pedestrian crossing improvements at two intersections such as rectangular rapid flashing beacons (RRFBs), curb ramps, continental crosswalk striping, and other safety features. $ 629,400 $ 350,000 SA-PedCrossing State 48 H12-04-008 04-Contra Costa County-4 4 Contra Costa County 9 16 Contra Costa County MTC Camino Tassajara from Finley Road to Windemere Parkway.Install centerline rumble strips, install segment and intersection lighting, and upgrade guardrails. $ 1,783,100 $ 1,604,790 BCR Federal 49 H12-04-009 04-Contra Costa County-5 4 Contra Costa County 7, 9 11, 14, 15, 16 Contra Costa County MTC At various locations along curves. Install speed feedback signs and curve warning signs. $ 2,402,300 $ 2,162,070 BCR Federal 50 H12-04-010 04-Dixon-1 4 Dixon 3 11 Solano County MTC Nine pedestrian crossings: one at N 1st Street and E B Street, all four legs at Watson Ranch Way and Pitt School Road, and all four legs at Watson Ranch Way and N Lincoln Street.
Install rectangular rapid flashing beacons (RRFBs) and other standard crossing treatments including signing, striping, and curb enhancements.
$ 177,100 $ 159,390 SA-PedCrossing State 51 H12-04-011 04-Dixon-2 4 Dixon 3 11 Solano County MTC N Adams Street between W A Street and N 1st Street/SR 113. Install buffered bike lanes, refresh bike lane striping and existing channelization, and add green conflict zone markings. $ 160,200 $ 144,180 SA-BikeSafety State 52 H12-04-012 04-Fairfield-1 4 Fairfield 3 11 Solano County MTC Four pedestrian crossings: Linear Park Trail & Beck Avenue, Linear Park Trail & Fairfield Avenue, Linear Park Trail & Union Avenue, and Mankas Boulevard midblock crossing near Mankas Neighborhood Park.
Install rectangular rapid flashing beacons (RRFBs) and other standard crossing treatments including signing, striping, and curb enhancements.
$ 449,300 $ 342,810 SA-PedCrossing State 53 H12-04-013 04-Fairfield-2 4 Fairfield 3 11 Solano County MTC Texas Street/N Texas Street from Union Avenue to E Travis Boulevard. Install new bike lanes and re-stripe existing channelization. $ 283,400 $ 255,060 SA-BikeSafety State 54 H12-04-014 04-City of Gilroy-1 4 Gilroy 17 29 Santa Clara County MTC On the west side of Church Street, just north of its intersection with 1st Street.
Construct sidewalk and curb & gutter for a sidewalk gap closure, as well as two new driveway approaches to become ADA
compliant.
$ 157,900 $ 142,110 SA-PedCrossing State 55 H12-04-015 04-City of Gilroy-2 4 Gilroy 17 29 Santa Clara County MTC On the southeastern edge of the intersection of Santa Teresa Boulevard and Day Road East, diagonally across the intersection from Christopher High School.
Upgrade a guardrail and construct an ADA compliant access to the Lions Creek Trail along Santa Teresa Boulevard. $ 959,000 $ 785,375 SA-Guardrail State 56 H12-04-016 04-Hayward-1 4 Hayward 10 20 Alameda County MTC The intersection of Industrial Parkway West/Industrial Parkway Southwest/Ruus Road.
Install left turn phase traffic signals with pole and mast arm, convert pedestal mounted traffic signal to mast arm traffic signal, install raised pavement markings & striping through skewed intersection, and install pedestrian signals and APS pushbuttons. $ 647,200 $ 537,176 BCR State 57 H12-04-017 04-Hayward-2 4 Hayward 10 20 Alameda County MTC Various locations. Improve traffic signal hardware, install pedestrian countdown signal heads, and improve intersection lighting. $ 1,755,800 $ 1,580,220 BCR Federal 58 H12-04-018 04-Hayward-3 4 Hayward 10 20 Alameda County MTC Ruus Rd between Folsom and Industrial, Amador St and Cypress Avenue from Elmhurst to Harder, and Soto Rd near Jackson St.
Install concrete islands, signage, and striping to designate and protect a Class IV separated bike lane on Ruus Rd. Install signage and striping changes to designate Class II Bike Lanes at other locations.
$ 504,000 $ 346,193 SA-BikeSafety State 59 H12-04-019 04-Hayward-4 4 Hayward 10 20 Alameda County MTC Calaroga Ave/Eden Greenway; D St /5th St; Santa Clara St/El Dorado Ave; Santa Clara St/Ocie Way; Patrick Ave/St Bede Ln; Patrick Ave /Mid-Block Crossing at St Bede Catholic Church.
Install rectangular rapid flashing beacons (RRFBs), curb extensions, and pedestrian refuge islands. $ 579,100 $ 349,776 SA-PedCrossing State 60 H12-04-020 04-Hercules-H1 4 Hercules 9 15 Contra Costa County MTC Sycamore Avenue Corridor under I-80 and the BNSF railroad overcrossing.
Install a 10-ft multipurpose pathway and Class II bicycle lanes, improving safety and connectivity. $ 1,415,600 $ 350,000 SA-BikeSafety State Project List for Highway Safety Improvement Program (HSIP) Cycle 12 (Sort by Caltrans District and Agency Name)
* Application Category: BCR = Benefit-Cost Ratio; SA-PedCrossing = Set-aside for Pedestrian Crossing Enhancements; SA-Guardrail = Set-aside for Guardrail Upgrade; SA-Edgelines = Set-aside for Installing Edgelines; SA-Bike Safety = Set-aside for Bike Safety Improvement. 1 of 4 December 18, 2024
No. Unique
Project ID Original Application ID Caltrans District Agency Name State Senate District(s) State Assembly District(s) County MPO Location of Work Description of Work Project Cost HSIP Funds Application Category*
Funding Type
(State/Federal)
Project List for Highway Safety Improvement Program (HSIP) Cycle 12 (Sort by Caltrans District and Agency Name)
* Application Category: BCR = Benefit-Cost Ratio; SA-PedCrossing = Set-aside for Pedestrian Crossing Enhancements; SA-Guardrail = Set-aside for Guardrail Upgrade; SA-Edgelines = Set-aside for Installing Edgelines; SA-Bike Safety = Set-aside for Bike Safety Improvement. 61 H12-04-021 04-Livermore-1 4 Livermore 7 16 Alameda County MTC Intersections of First St and Southfront Rd, E Stanley Blvd and Murrieta Blvd, Railroad Ave and S P St, First St and Maple St, Portola Ave and N L St , Northfront Road and North Vasco Road, Fenton St and E Stanley Blvd, and East Ave and Charlotte Way.
Improve pedestrian safety: install flashing beacons as advance warning, install advance stop bar before crosswalk (bicycle box), and modify signal phasing to implement a leading pedestrian interval (LPI).
$ 413,200 $ 371,880 BCR State 62 H12-04-022 04-Livermore-2 4 Livermore 7 16 Alameda County MTC Intersections of First St and Portola Ave, First St and Scott St, Jensen St and East Ave, Maple St and 5th St , Charlotte Way and Marcella St, and Charlotte Way and Arlene Way.
Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs, install flashing beacons as advance warning and install rectangular rapid flashing beacons (RRFBs).
$ 452,400 $ 407,160 BCR State 63 H12-04-023 04-Livermore-3 4 Livermore 7 16 Alameda County MTC First St, Murrieta Blvd, Concannon Blvd, Las Positas Road, N Livermore Ave, S. Vasco Rd, W Jack London Blvd, Portola Ave, E Stanley Blvd and Patterson Pass Rd.
Install dynamic/variable speed warning signs. $ 1,248,600 $ 1,123,740 BCR State 64 H12-04-024 04-Livermore-4 4 Livermore 7 16 Alameda County MTC College Ave and S Livermore Ave, Hansen Rd and Arroyo Rd, East Ave and Mitra St, Springtown Blvd and Rhododendron Dr.
Improve crossing signage and striping, and install rectangular rapid flashing beacons (RRFBs). $ 380,600 $ 342,540 SA-PedCrossing State 65 H12-04-025 04-Marin County-2 4 Marin County 2 12 Marin County MTC Irving Drive and Butterfield Road (T-intersection) in unincorporated San Anselmo, Marin County. Improve pedestrian crossing. $ 349,500 $ 314,550 SA-PedCrossing State 66 H12-04-026 04-Marin County-3 4 Marin County 2 12 Marin County MTC North San Pedro Road in San Rafael, Pinehill Road in Mill Valley, and variable location for portable trailer.
Install radar feedback signs and deploy portable radar feedback trailer in various locations. $ 232,200 $ 208,980 BCR State 67 H12-04-027 04-Mill Valley-1 4 Mill Valley 2 12 Marin County MTC Various locations.
Install pedestrian crossing; install sidewalk; install/upgrade pedestrian crossing; install rectangular rapid flashing beacons (RRFBs).
$ 388,900 $ 350,000 SA-PedCrossing State 68 H12-04-028 04-Milpitas-1a 4 Milpitas 10 24 Santa Clara County MTC All city owned and maintained traffic signals (72); three (3) unsignalized intersections; and N McCarthy Blvd curve 500 feet south of the city boundary between Milpitas and Fremont.
Install retroreflective backplates and leading pedestrian interval (LPI), improve visibility with signage, daylighting and beacons, and improve horizontal curve.
$ 2,293,700 $ 2,064,330 BCR Federal 69 H12-04-029 04-Town of Moraga-1 4 Moraga 7 16 Contra Costa County MTC
The primary corridors connecting Moraga with adjacent
communities and two non-signalized intersections: Moraga Wy, Canyon Rd, Rheem Blvd, St. Mary’s Rd, Moraga Rd at Lucas Dr (intersection), and Moraga Way at Moraga Valley Ln (intersection).
Apply high friction surface treatment (HFST), install intersection lighting, install/upgrade signs with new fluorescent sheeting (regulatory or warning), and install delineators, reflectors and/or object markers.
$ 1,048,700 $ 943,830 BCR State 70 H12-04-030 04-Napa-1a 4 Napa 3 4 Napa County MTC Sixteen (16) signalized intersections.
Provide one protected left-turn phase, install one pedestrian countdown signal head, and modify signal phasing for fourteen intersections to implement a leading pedestrian interval (LPI). $ 424,000 $ 381,600 BCR State 71 H12-04-031 04-Napa-2 4 Napa 3 4 Napa County MTC Non-signalized intersection: California Boulevard and Pueblo Avenue. Install upgraded stop signs and intersection pavement markings. $ 51,100 $ 45,990 BCR State 72 H12-04-032 04-Napa County-1 4 Napa County 3 4 Napa County MTC 24 sections spread along Howell Mountain Rd (5), White Cottage Rd (2), Oakville Cross Rd (6), Silverado Trail (1), Deer Park Rd (1), Oak Knoll Ave (6), and Larkmead Ln (3).
Upgrade guardrails and end treatments. $ 1,111,100 $ 999,990 SA-Guardrail Federal 73 H12-04-033 04-Oakland-1 4 Oakland 9 18, 14 Alameda County MTC 4 intersections in Oakland neighborhoods: MLK Jr. Way & W Grand Ave; Orange St & Perkins St; Park Blvd & Leimert Blvd; and Fruitvale Ave & International Blvd.
Add a protected left-turn phase, add intersection mast-arms, install raised median/pedestrian refuge islands, and
install/upgrade pedestrian crossings.
$ 2,043,800 $ 1,839,420 BCR Federal 74 H12-04-034 04-Oakland-2a 4 Oakland 7 18 Alameda County MTC 13 non-signalized intersections at arterial and collector streets throughout Oakland.
Install rectangular rapid flashing beacons (RRFBs),
install/upgrade pedestrian crossings at uncontrolled locations, and install raised medians/refuge islands.
$ 1,220,400 $ 1,098,360 BCR State 75 H12-04-035 04-Orinda-01 4 Orinda 7 16 Contra Costa
County MTC
Five (5) stop-controlled intersections: Moraga Way and Orchard Rd; Moraga Way and Stein Way; Crestview Dr. and Richard Court and Valley View Dr; Miner Rd and Poppy Lane; and Lost Valley Dr and Valley View Dr and Don Gabriel Way.
Install flashing beacons at stop sign and flashing beacons as advance warning. $ 130,500 $ 101,250 BCR State 76 H12-04-036 04-Orinda-02 4 Orinda 7 16 Contra Costa
County MTC Sections of Camino Pablo; Brookwood Rd; Crestview Dr; Lost Valley Dr, Miner Rd; and Orinda Wy. Install speed warning signs, chevron signs, and rumble strips. $ 174,000 $ 135,000 BCR State 77 H12-04-037 04-Orinda-03 4 Orinda 7 16 Contra Costa
County MTC
Brookwood Rd from Moraga Wy to Spring Ct; Lost Valley Dr from Don Gabriel Wy; Orinda Wy from El Toyonal to Santa Maria Wy; and Valley View Dr from Crestview Dr to Don Gabriel Wy.
Install pedestrian crossing with enhanced safety features and rectangular rapid flashing beacons (RRFBs). $ 505,000 $ 391,680 BCR State 78 H12-04-038 04-Orinda-04 4 Orinda 7 16 Contra Costa
County MTC All publiclly maintained streets within the City of Orinda, excluding those within the State right-of-way.
Assess and document all signs and pavement markers within the City of Orinda, excluding the limits within the State right-of-way. $ 611,900 $ 474,750 BCR State 79 H12-04-039 04-Petaluma-1 4 Petaluma 2 12 Sonoma County MTC 35 signalized intersections throughout the City of Petaluma.
Replace signal heads and install retroreflective borders to backplates, add mast arms and signal heads at intersections, and update signal timing to include leading pedestrian intervals (LPI).
$ 1,237,400 $ 1,113,660 BCR State 80 H12-04-040 04-Petaluma-2 4 Petaluma 2 12 Sonoma County MTC Various locations along Sonoma Mountain Parkway and Ely Road North.
Install rectangular rapid flashing beacons (RRFBs) and
pedestrian refuge islands. $ 387,800 $ 349,020 SA-PedCrossing State 2 of 4 December 18, 2024
No. Unique
Project ID Original Application ID Caltrans District Agency Name State Senate District(s) State Assembly District(s) County MPO Location of Work Description of Work Project Cost HSIP Funds Application Category*
Funding Type
(State/Federal)
Project List for Highway Safety Improvement Program (HSIP) Cycle 12 (Sort by Caltrans District and Agency Name)
* Application Category: BCR = Benefit-Cost Ratio; SA-PedCrossing = Set-aside for Pedestrian Crossing Enhancements; SA-Guardrail = Set-aside for Guardrail Upgrade; SA-Edgelines = Set-aside for Installing Edgelines; SA-Bike Safety = Set-aside for Bike Safety Improvement. 81 H12-04-041 04-Pittsburg-1 4 Pittsburg 7 11 Contra Costa County MTC Arterial Roadway of Harbor Street from Buchanan Road to East 3rd Street.
Improve signal hardware (cabinets, signal heads, signal pole, loops, backplate, controllers, backup battery systems, and camera), install light roadway segment improvements, and upgrade pedestrian crossing with enhanced safety features. $ 2,612,700 $ 2,246,922 BCR Federal 82 H12-04-042 04-San Bruno-1 4 San Bruno 13 21 San Mateo County MTC Three unsignalized intersections along the San Bruno Avenue West corridor, between El Camino Real and Seventh Avenue.
Install rectangular rapid flashing beacons (RRFBs) at two intersections; install crosswalk striping/signage improvements at two intersections.
$ 349,100 $ 314,190 SA-PedCrossing State 83 H12-04-043 04-San Francisco-1 4 San Francisco 11 17, 19 San Francisco County MTC Various locations.
Install new and replace existing signs (e.g., No Turn on Red, Speed Limit near schools, “Slow—School Xing”, and Yield/Ped Signs) to feature advanced high-visibility fluorescent sheeting. $ 4,412,400 $ 3,971,160 BCR Federal 84 H12-04-044 04-San Jose-1 4 San Jose 10, 15 24, 25, 26, 28 Santa Clara County MTC 52 signalized intersections along the corridors of Capitol Ave, First Street, Curtner, Camden Ave, Branham Ln, Barack Obama Bl, Moorpark Ave, Park Ave, McLaughlin Ave, Quimby Rd, and Tully Rd.
Upgrade 8 inch diameter traffic signal heads to 12 inch heads, apply retroreflective borders on traffic signal backplates, and install accessible pedestrian signal hardware.
$ 566,300 $ 509,670 BCR State 85 H12-04-045 04-San Leandro-1 4 San Leandro 9 18 Alameda County MTC (1) Manor Blvd/Crosby St, (2) Manor Blvd/Thoits St, (3) Dutton Ave/Arbor Dr, (4) Farnsworth St/Devonshire Ave, (5) 150th Ave/Lark St, (6) E. 14th St/Lorraine Dr, and (7) Farnsworth St/Chapel Ave.
Install rectangular rapid flashing beacons (RRFBs), pedestrian hybrid beacons, and crosswalk enhancements. $ 2,038,400 $ 1,834,560 BCR Federal 86 H12-04-046 04-San Mateo County-1 4 San Mateo County 11, 13 19, 21, 23 San Mateo County MTC Various locations. Construct 11 guardrails and 22 end treatments. $ 1,077,500 $ 969,750 SA-Guardrail Federal 87 H12-04-047 04-San Mateo County-2 4 San Mateo County 11, 13 19, 21, 23 San Mateo County MTC Various locations. Construct edgeline for 16.5 miles of roadway. $ 389,800 $ 350,000 SA-Edgeline State 88 H12-04-048 04-San Rafael-1 4 San Rafael 2 12 Marin County MTC The Lincoln Avenue corridor between Second Street and Paloma Avenue, including eight (8) intersections.
Install protected left turn lane striping and signal phases, add intersection safety improvements with traffic signal upgrades, intersection lighting, rectangular rapid flashing beacons (RRFBs), and pedestrian crossing upgrades.
$ 2,839,900 $ 2,555,910 BCR Federal 89 H12-04-049 04-Sebastopol-1 4 Sebastopol 2 12 Sonoma County MTC Intersection of Covert Lane and Zimpher Drive.
Install pedestrian-activated circular LED rapid flashing beacons, perimeter lighted pedestrian crossing signs, pedestrian pushbuttons, curb extensions, ADA ramps and refuge island, and $ 388,400 $ 349,560 SA-PedCrossing State 90 H12-04-050 04-Solano County-1 4 Solano County 3 11 Solano County MTC Various unsignalized intersections throughout the County.
Install additional signs or upgrade existing signs (intersection warning/regulatory signs, flashing beacons, and other advance warning signals).
$ 525,500 $ 472,950 BCR State 91 H12-04-051 04-Solano County-2 4 Solano County 3 11 Solano County MTC Multiple Rural Roads: 1) Pleasants Valley Rd 2) Suisun Valley Rd 3) Mankas Corner Rd 4) Putah Creek Rd 2 segments 5) Rockville Rd 6) Lopes Rd 7) Sievers Rd 8) Meridian Rd 9) Midway Rd 10) Pedrick Rd 2 segments 11) Cantelow Rd 12) and Other Roads.
Install/upgrade regulatory and warning signs with fluorescent sheeting, install chevron signs on curves, and install delineators, reflectors and/or object markers.
$ 1,313,600 $ 1,182,240 BCR Federal 92 H12-04-052 04-Solano County-3 4 Solano County 3 11 Solano County MTC Multiple rural road corridors: (1) Lopes Road, (2) Mankas Corner Road, and (3) Pleasants Valley Road and (4) other roads.Install guardrails at horizontal curves and spot locations. $ 580,600 $ 522,540 BCR State 93 H12-04-053 04-Solano County-4 4 Solano County 3 11 Solano County MTC Various roadway segments. Install lighting and dynamic/variable speed warning signs. $ 947,800 $ 853,020 BCR Federal 94 H12-04-054 04-Solano County-5 4 Solano County 3 11 Solano County MTC Tremont Road from Sparling Lane to Old Davis Road. Widen existing graded dirt shoulders, pave and stripe bike lanes. $ 1,499,200 $ 349,934 SA-BikeSafety State 95 H12-04-055 04-Suisun City-01 4 Suisun City 3 11 Solano County MTC Non-signalized intersection on Pintail Drive at Crane Drive; Suisun City Fire Station, 621 Pintail Drive, between Cackling Drive and East Wigeon Way.
Install rectangular rapid flashing beacons (RRFBs), curb extensions, ADA ramps, warning signs and high visibility crosswalk; Replace and upgrade outdated emergency warning devices and install new advance warning beacons.
$ 388,800 $ 349,920 SA-PedCrossing State 96 H12-04-056 04-Vacaville-1 4 Vacaville 3 11 Solano County MTC Orchard Ave from Walnut Ave to Peach Tree Ave, the
intersections of Christine Dr and Oak Hollow Ave, Brown St and Bennett Hill Dr, Markham Ave and Alpine St, and Markham Ave and Meadows Dr.
Install pedestrian crossing enhancements such as radar
feedback signs and rectangular rapid flashing beacons (RRFBs). $ 388,400 $ 349,560 SA-PedCrossing State 97 H12-04-057 04-Vallejo-1 4 Vallejo 3 11 Solano County MTC Major collector streets including Admiral Callaghan Lane, Ascot Parkway, Benicia Road, Borges Lane, Camino Alto, Corcoran Avenue, Florida Street, Glen Cove Parkway, Nebraska Street, and Whitney Avenue.
Install edgelines. $ 270,500 $ 243,450 SA-Edgeline State 98 H12-04-058 04-Walnut Creek-1 4 Walnut Creek 7 16 Contra Costa County MTC Signalized intersections along Ygnacio Valley Road at the Walnut Boulevard, Via Monte Drive, Wimbledon Road, and Wiget Lane. Add protected-left-turn phasing. $ 2,134,400 $ 1,920,960 BCR Federal 3 of 4 December 18, 2024
No. Unique
Project ID Original Application ID Caltrans District Agency Name State Senate District(s) State Assembly District(s) County MPO Location of Work Description of Work Project Cost HSIP Funds Application Category*
Funding Type
(State/Federal)
Project List for Highway Safety Improvement Program (HSIP) Cycle 12 (Sort by Caltrans District and Agency Name)
* Application Category: BCR = Benefit-Cost Ratio; SA-PedCrossing = Set-aside for Pedestrian Crossing Enhancements; SA-Guardrail = Set-aside for Guardrail Upgrade; SA-Edgelines = Set-aside for Installing Edgelines; SA-Bike Safety = Set-aside for Bike Safety Improvement. 99 H12-04-059 04-Windsor-1 4 Windsor 2 2 Sonoma County MTC Three locations: Arata Lane at Old Redwood Highway; Old Redwood Highway at U.S. 101 underpass; and Old Redwood
Highway and Pool Creek.
Replace damaged guardrails. $ 217,900 $ 196,110 SA-Guardrail State TOTAL 352,552,400$ 299,551,885$
4 of 4 December 18, 2024
CONSENT CALENDAR 6.B.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET TO APPROPRIATE $50,000 OF
TRANSPORTATION FUND FOR CLEAN AIR GRANT FUNDS FOR THE FIFTH STREET BIKE AND PEDESTRIAN SAFETY IMPROVEMENTS PROJECT (PW9714) (STEP 2 OF 2)
RECOMMENDATION
Adopt a Resolution amending the fiscal year 2024-25 Capital Improvement Program budget to appropriate $50,000 of Transportation Fund for Clean Air (TFCA) grant funds for the Fifth Street Bike and Pedestrian Safety Improvements Project (PW9714) - Step 2 of 2.
REASONS FOR RECOMMENDATION
The City received a grant of Transportation Fund for Clean Air funds in the amount of $50,000 for the Fifth Street Bike and Pedestrian Safety Improvement Project (PW9714). The notice of intention to amend the budget was provided to City Council on May 27, 2025.
BACKGROUND AND DISCUSSION
As part of the City’s Participatory Budgeting process, $300,000 was allocated for the Fifth Street Bike and Pedestrian Safety Improvements Project. To supplement this funding, Public Works Transportation staff identified the TFCA as a potential grant source.
Staff submitted an application to STA and presented the project to STA’s Bicycle and Pedestrian Advisory Committees (BAC/PAC), which subsequently recommended Vallejo’s application for funding. STA awarded the City $50,000 in Transportation Fund for Clean Air (TFCA) grant funds for the project. As the grant is under $100,000, the City Manager is authorized to execute the funding agreement, which was completed in November 2024 (attached).
This item represents the second step in the required two-step process to amend the FY 2024-25 Capital Improvement Program (CIP) Adopted Budget to recognize the new grant funding from the TFCA. The first step was presented to City Council at its May 27, 2025 regular meeting.
FISCAL IMPACT
The approval of this item is the second step in a two-step process for amending the FY 2024-25 CIP Adopted Budget. This item has no fiscal impact to the General Fund. The TFCA grant funds in the amount of $50,000, will be added to the Fifth Street Bike and Pedestrian Safety Improvement Project (PW9714) per below.
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM BUDGET TO APPROPRIATE $50,000 OF
TRANSPORTATION FUND FOR CLEAN AIR GRANT FUNDS FOR THE FIFTH
STREET BIKE AND PEDESTRIAN SAFETY IMPROVEMENTS PROJECT
(PW9714) (STEP 2 OF 2)
SOURCE (Fund 221 - Grants /
Reimbursements)
REVENUE EXPENDITURES
PW9714: Fifth Street Bike and Pedestrian
Safety Improvement Project
TFCA grant agreement
$50,000 $50,000
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) because it is not a project which has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
ATTACHMENTS
1. RESO Amend FY24-25 CIP Budget Step 2of2 $50k TFCA grant F221 for PW9714 Bike&Ped Safety Project_CAO Stamp
2. 5th Street Bike-Ped_TFCA Funding Agreement w-Exhibits_10-2024 (Executed)
CONTACT
Oscar Alcantar, Interim Public Works Director
[email protected]
RESOLUTION NO. 25- ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO APPROPRIATE $50,000 OF TRANSPORTATION FUND FOR CLEAN AIR (TFCA) GRANT
FUNDS FOR THE FIFTH STREET BIKE AND PEDESTRIAN SAFETY IMPROVEMENT PROJECT (PW9714) - STEP 2 OF 2
WHEREAS, during the City's Participatory Budget process, the City awarded $300,000 towards the Fifth Street Bike and Pedestrian Safety Improvements Project; and WHEREAS, Public Works Transportation staff identified the Solano Transportation Authority (STA) TFCA grants program as a source of supplemental funding for this project. Staff submitted an application to STA and presented the project to STA’s Bicycle and Pedestrian Advisory Committees (BAC/PAC), which subsequently recommended Vallejo’s application for funding; and
WHEREAS, STA awarded $50,000 in TFCA funding to Vallejo for the project. As the grant is under $100,000, the City Manager is already authorized to execute the funding agreement, which was completed in November 2024; and
WHEREAS, per Vallejo City Charter Section 703, amending the budget requires public notice prior to any action taken. The notice of intention to amend the budget (step 1) was provided by the Council at its regular meeting held on May 27, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the fiscal year 2024-25 Capital Improvement Program (CIP) Budget to appropriate $50,000 of Transportation Fund for Clean Air (TFCA) grant funds for the Bike and Pedestrian Safety Improvement Project (PW9714) per below:
SOURCE (Fund 221 – Grants /
Reimbursements)
REVENUE EXPENDITURES
PW9714 – Bike and Pedestrian Safety
Improvement Project
TFCA grant agreement
$50,000 $50,000
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 10, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
FUNDING AGREEMENT
BETWEEN
SOLANO TRANSPORTATION AUTHORITY
AND
CITY OF VALLEJO
FOR
FIFTH STREET BIKE AND PEDESTRIAN SAFETY IMPROVEMENTS PROJECT This Funding Agreement (" Agreement") is made on _____________________ between the Solano Transportation Authority, a joint powers authority organized under Government Code section 6500 et seq. consisting of the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville , and Vallejo (“ STA”), and the City of Vallejo ("City"), a municipal corporation, each individually referred to as a “Party” and collectively as the “Parties”.
RECITALS
WHEREAS, STA was created in 1990 through a Joint Powers Agreement between the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo to serve as the Congestion Management Agency (CMA) and County Transportation Authority (CTA) for the County of Solano pursuant to the Joint Powers Agreement (JPA) dated September 1995; and
WHEREAS, STA, as the CMA and the and CTA for Solano County, partners with various federal, state, regional, and local transportation and planning agencies, such as the Metropolitan Transportation Commission (MTC) and Caltrans District 4, and local government, to set countywide transportation priorities and to coo rdinate the delivery of transportation projects in furtherance of the identified transportation priorities; and WHEREAS, the Bay Area Air Quality Management District (BAAQMD) Transportation Fund s for Clean Air (TFCA) are administered by each Bay Area Congestion Management Agency; and WHEREAS, STA, as the CMA, administers the TFCA for Solano County; and WHEREAS, City requested funding for Fifth Street Bike and Pedestrian Safety Improvements Project (“Project”), which is eligible for TFCA funds; and WHEREAS, STA received Board approval on July 10, 2024 to enter into a funding agreement with City for the use of the TFCA funds; and
WHEREAS, STA desires to fund the Project activities and enter into this Agreement with City to define the respective roles and responsibilities of the Parties. 1 06/11/24
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, the Parties agree as follows:
A. Project and Funding Identification:
1. City shall perform those services as set forth in the STA staff report dated June 2 8, 202 4, approved by the STA Board on July 10, 2024, and the Project Information Sheet, all of which are attached and incorporated by this reference as Exhibit A.
2. The maximum funding amount allocated for these activities is $50,000.
B. City Agrees:
1. To use $50,000 worth of TFCA funds to implement bike and pedestrian safety improvements at the Project site, as identified in Exhibit A.
2. To be bound and abide by any and all applicable provisions of the Funding Agreement between STA and BAAQMD for Fiscal Year 2024-25 (“BAAQMD Master Agreement”), which is attached as Exhibit B and incorporated by reference as if fully set forth in this Agreement.
3. To cooperate with STA and do all such things, provide all such documentation, and take all such actions as shall be reasonably required by STA, to facilitate City’s and STA’s compliance with the Funding Agreement to complete all project work.
4. To submit invoices to STA at least on a quarterly basis in nine equal installments.
C. STA Agrees:
Upon submission of an invoice by City, and upon approval of the STA’s representative, pay City monthly in arrears for fees and expenses incurred the prior month, up to the maximum amount provided for in this Agreement.
D. Mutual Responsibilities:
1. Term: This Agreement shall remain in effect from the date of execution through December 31, 2026, unless it is terminated earlier as provided below.
2. Termination: STA’s obligation under this Agreement is subject to the availability of authorized funds. STA may terminate the Agreement, or any part of the work, without prejudice for lack of appropriation of funds. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the expiration date set forth in this Agreement, or any subsequent Amendment, the STA may, upon written Notice to City, terminate this Agreement in whole or in part. STA shall provide written notice of terminat ion, pursuant to this clause, to City at least sixty (60) days prior to the effective date of termination.
2
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
3. Indemnity: Each Party shall indemnify, defend, protect, hold harmless, and release the other, their elected bodies, officers, agents, and employees, as well as BAAQMD and its employees, agents, representatives, and successors -in-interest from and against any and all claims, losses, proceedings, damages, causes of actions, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in conn ection with, or caused by any negligent act or omission or willful misconduct of such i ndemnifying Party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying Party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
4. Insurance:
a. City will maintain status as legally self -insured public entities for general, auto and professional liability insurance coverage with limits of no less than $1,000,000 per occurrence and no less than five million dollars ($5,000,000) aggregate. City agrees to include STA, its officials, employees and agents as an additional insureds and endorse its general liability policies S TA, using standard ISO endorsement No. CG2010 or its equivalent to demonstrate such coverage.
b. Each Party will maintain Workers’ Compensation as required by law for all its employees. Neither Party’s insurance shall be called upon to satisfy any claim for workers’ compensation filed by an employee of the other Party. Each Party will provide the other with a Waiver of Subrogation endorsement for Workers Compensation. Each Party also agrees to require all consultants, contractors and subcontractors engaged to work on this Project to carry the same Workers Compensation insurance limits and endorsements.
5. Notice: All notices and other communications required or permitted to be given under this Sub- Agreement shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows:
TO STA:
Daryl K. Halls, Executive Director
Solano Transportation Authority
423 Main Street
Suisun City, CA 94585
Attn: Dulce Jimenez, Assistant Planner
TO CITY OF VALLEJO:
Andrew Murray, City Manager
555 Santa Clara Street, Third Floor
Vallejo, CA 94590
Attn: Mark Helmbrecht, Transportation Program Superintendent Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days following the date of deposit with the United States Postal Service. 3
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
6. Assignability: Neither Party to this Agreement shall assign or transfer any interest in this Agreement nor the performance of any duties or obligations hereunder, without the prior written consent of the other Party, and any attempt by either Party to so assign or transfer this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
7. Governing Law: The Parties agree that the law governing this Agreement shall be that of the State of California.
8. Venue: In the event that suit shall be brought by either Party, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano, or where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.
9. Interpretation: Each Party has reviewed this Agreement and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting Party. This Agreement shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this Agreement.
10. Force Majeure: Neither the STA nor City shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption of services, directly or indirectly, from acts of god, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of the STA or City.
11. Controlling Provisions: In the event of a conflict between the provisions of this Agreement and those of the BAAQMD Agreement, the terms and conditions of this Agreement shall be controlling as to the parties to this Agreement.
12. Access to Records and Retention: All Parties, acting through their duly authorized representative, as well as any federal or state grantor agency providing all or part of the funding associated with this Agreement, the State Controller, the Comptroller General of the United States, and the duly authorized representatives of any of the Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.
13. Prior Agreements and Amendments: This Agreement, including Exhibits A & B, represent the entire agreement of the parties with respect to the subject matter described in this Agreement, and no representation, warranties, inducements or oral agreements have been m ade by any of the parties except as expressly set forth in this Agreement. This Agreement may only be modified by a written amendment duly executed by the parties.
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5th Street Bike-Ped_TFCA Funding Agreement_10-2024
14. Execution in Counterparts; Signatures by Facsimile or PDF; Electronic Signatures. This Agreement may be executed in duplicate originals, each of which is deemed an original, but when taken together shall constitute one instrument. Facsimile copies or copies delivered via e-mail as a portable document format (pdf) file shall be deemed original copies.
As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the Parties hereby agree to conduct this transaction by electronic means. This Contract may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that the electronic signatures appearin g on this Agreement are intended by each Party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
The parties have executed this Agreement on the day and year first written above.
SOLANO TRANSPORTATION AUTHORITY CITY OF VALLEJO
By: ________________________________
Daryl K. Halls, Executive Director
By: ________________________________
Andrew Murray, City Manager
Approved as to Form: Approved as to Form:
By: ________________________________
Megan J. Callaway, STA Legal Counsel
By: ________________________________
Veronica Nebb, City Attorney
5 Veronica Nebb (Nov 5, 2024 10:53 PST)
Veronica Nebb
Andrew Murray (Nov 6, 2024 09:04 PST)
Andrew Murray
Daryl Halls (Nov 6, 2024 14:12 PST)
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
Exhibit A
STA Staff Report and Project Information Sheet
6
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
7
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
8
5th Street Bike-Ped_TFCA Funding Agreement_10-2024
Exhibit B
BAAQMD Master Agreement
9
FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND
SOLANO TRANSPORTATION AUTHORITY
25-SOL
This Funding Agreement (Agreement) is entered into between the Solano Transportation Authority (Administering Agency), and the Bay Area Air Quality Management District (Air District). The Administering Agency and the Air District will each be referred to as a Party, and as the Parties collectively. This Agreement includes Attachment A, which specifies the funding allocated under this Agreement, and Attachment B, which pertains to insurance requirements.
SECTION I
RECITALS:
1) The Air District is authorized under California Health and Safety (Health & Safety) Code Sections 44223 and 44225 to levy a fee on motor vehicles registered within its jurisdiction (Motor Vehicle Fees), a portion of which the Air District receives and dedicates to its Transportation Fund for Clean Air (TFCA) program.
2) TFCA program monies may be allocated for projects to reduce air pollution from motor vehicles and to implement transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233, 40717, and 40919. 3) In accordance with Health and Safety Code Section 44241(d), the Air District allocates not less than forty (40) percent of the TFCA monies received to implement the Transportation Fund for Clean Air 40% Fund (also referred to as the County Program Manager program) (Program).
4) The Air District has been notified, in a communication dated August 17, 1992, that the Administering Agency is the duly authorized recipient of the proportionate share of Program monies for Solano County, and has been so designated by resolution(s) adopted by the Solano County Board of Supervisors and by the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The terms and conditions for the expenditure of the County’s Program monies by the Administering Agency are set forth in the resolution(s).
5) On November 1, 2023, the Air District ’s Board of Directors (Board of Directors) approved the TFCA 40% Fund Policies for Fiscal Year Ending 2025 (Policies). The Policies set forth requirements, including eligibility and cost-effectiveness requirements, for projects funded by TFCA funds in fiscal year ending (FYE) 2025. The Policies are incorporated as Appendix D and made a part of the “Transportation Fund for Clean Air 40% Fund Expenditure Plan Guidance for Fiscal Year Ending 2025” (Guidance) and are incorporated herein and made a part hereof by this reference as if fully set forth herein. 6) On or about March 1, 2024, the Administering Agency submitted an Expenditure Plan Application to the Air District for its Solano County TFCA Program, which specified interest
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FYE 2025 TFCA 40% Fund Agreement 25-SOL Page 2 of 10
income earned by the Administering Agency and TFCA funds from previously funded TFCA projects available for reprogramming to other eligible TFCA projects. 7) On May 1, 2024, the Board of Directors approved an estimated new allocation of FYE 2025 TFCA Program monies of $340,500 for Solano County (New FYE 2025 TFCA Allocation), which is based upon the County’s proportionate share of the California Department of Motor Vehicle (DMV) vehicle registration fees paid. On this same date, the Board of Directors approved an estimated total funding level for FYE 2025 of $328,778 for Solano County (TFCA Funds), which is to be administered by the Administering Agency and will be covered by this Agreement. The TFCA Funds include: the New FYE 2025 TFCA Allocation, any reprogramming of TFCA monies remaining from projects from prior fiscal years, and any interest earned in the prior year.
8) The Air District and the Administering Agency, pursuant to Health and Safety Code Section 44241, hereby enter into this Agreement to: (a) implement the Program within Solano County; (b) select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and comply with the Policies; and (c) oversee such funded projects to assure that they meet, and are implemented in accordance with, the Policies and the terms of this Agreement. This Agreement covers the funding allocation set forth in Paragraph 7 above.
SECTION II
ADMINISTERING AGENCY AGREES:
1) To implement the FYE 2025 Program within Solano County in accordance with this Agreement and the Policies.
2) To select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and that comply with the Policies and the terms of this Agreement (Program Projects).
Recipients of TFCA Funds may include the Administering Agency, which undertakes its own County projects, and other entities (Sub-awardees). The Administering Agency will designate the Program Projects as FYE 2025 Program Projects for administrative purposes. 3) Except in the case where the Administering Agency is the Sub-awardee, the Administering Agency must enter into a binding agreement with each Sub-awardee that sets forth the maximum amount of TFCA Funds awarded for each Program Project, and requires each Sub- awardee to comply with both the terms of this Agreement and the Policies and to implement the Program Projects as approved by the Administering Agency. The Administering Agency must maintain copies of the Administering Agency’s written agreements with Sub-awardees, including any amendments to carry out the Program Projects. 4) To encumber and expend all TFCA Funds within two (2) years of receipt of the first payment of the TFCA funds (Expenditure Deadline) unless one of the following applies:
a) Multi-Year Funded Project: Administering Agency requests multi-year funding in compliance with the Guidance; and Air District approves the request for multi-year funding. b) Extensions of Expenditure Deadline:
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
i. Action by Administering Agency: If consistent with the Policies and Guidance, the Administering Agency may extend
the Expenditure Deadline for up to an additional two
(2) years, but no later than December 31, 2028, by one of the following methods:
1. A particular Program Project application for funds states that the project will take a longer period of time to implement and an extension is approved in writing by the Administering Agency; or
2. The Administering Agency finds, based on the Sub-awardee’s application that despite significant progress on the particular Program Project, the Sub- awardee requires additional time to implement the Program Project and the Administering Agency approves the extension of time in writing. ii. Action by Air District: If consistent with the Policies and Guidance, the Air District may grant a further extension for a particular Program Project under the following circumstance:
1. The Administering Agency finds, based on the Sub-awardee’s application that despite significant progress on the particular Program Project, the Sub- awardee requires additional time to implement the Program Project (beyond the two years that the Administering Agency has already granted); the Administering Agency submits an extension request to the Air District no later than sixty (60) days prior to the end of the Expenditure Deadline; and the Air District approves the request in writing.
5) To return to the Air District any TFCA Funds and associated interest unexpended as per Section II, Paragraph 4.
6) To maintain, at all times during the term of this Agreement, a separate account or sub-ledger for all TFCA Funds and to withdraw funds from this separate account only for the reimbursement of costs to implement Program Projects. Failure to comply with this paragraph will constitute grounds for termination pursuant to Section IV, Paragraph 2 below. 7) To maintain, or cause to be maintained, adequate records to document and demonstrate to Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds to implement the Program.
8) To track and report to the Air District all interest accrued from TFCA Funds. a) The Administering Agency may not use interest from TFCA Funds for administrative purposes.
b) The Administering Agency’s distribution of any interest funds will be at the discretion of the Administering Agency, after consultation with the Air District and must be in accordance with the Policies and applicable State law.
9) To track and report to the Air District any TFCA Funds and associated interest unencumbered at the time of completion or termination of a Program Project. The distribution of any such funds and associated interest will be at the discretion of the Administering Agency, after consultation with the Air District.
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
10) To limit administrativ
e costs to conduct the Program to no more than six and one quarter percent (6.25%) of the New FYE 2025 TFCA Allocation received by the Administering Agency.
11) To allow, and to require the Sub-awardees to allow, the Air District’s staff, its authorized representatives, and its independent auditors, during the term of this Agreement and for five (5) years from the end of each project’s Years of Effectiveness, to conduct performance and financial audits of the County’s Program and Program Projects and to inspect the Program Projects. During audits, the Administering Agency will make available to the Air District in a timely manner all records relating to the Administering Agency’s implementation of the Program and of Sub-awardees’ expenses and performance of their Program Projects. During inspections, the Administering Agency will provide, at the request of the Air District, access to inspect a Sub-awardee’s Program Projects and related records. 12) To keep, and to require Sub-awardees to keep, all financial and Program Project implementation records necessary to demonstrate compliance with this Agreement and the Program. Such records include the reports required by Section II, Paragraphs 8 and 15 and those records required to demonstrate compliance with the terms of this Agreement, including those records specifically listed in Section II, Paragraphs 3, 6, 7, 8, 9, 10, 11, 13, 15, 16, and 20. Such records shall include documentation that demonstrates significant progress made for those Program Projects seeking extensions to the completion date. The Administering Agency must keep such documents in a central location, and require its Sub- awardee to keep such records at a central Sub-awardee location, for a period of five (5) years from the end of each project’s Years of Effectiveness.
13) To maintain, and to require that each Sub-awardee maintain, employee time sheets documenting those hourly labor costs incurred in the implementation of this Agreement, including both administrative and Program Project implementation costs, or to establish an alternative method to document staff costs charged to the funded project. 14) To distribute TFCA Funds allocated to a Sub-awardee only as reimbursement for documented Program Project costs that are eligible and approvable under the Policies. 15) To prepare and submit reports to the Air District as follows:
a) Semi-annual Funding Status Report: Beginning May 31, 2025, the Administering Agency must submit a report by May 31 and October 31 of each year until all Program Projects are completed that specifies a) the Program Projects that have been cancelled, completed, and completed at a cost less than the allocation during the previous six-month period and if completed at a lesser cost, the amount of associated unexpended funds; and b) the Program Projects for which the Administering Agency has extended any deadlines and, for those projects, the revised completion date and documentation of the Administering Agency’s certification that, pursuant to Health and Safety Code Section 44242(d), the Sub-awardee had made significant progress. b) Final Reports: Beginning May 31, 2025, the Administering Agency must submit by each May 31 and October 31, until all Program Projects are completed, a Final Report for each completed Program Project, which itemizes (a) the expenditure of the TFCA Funds, and
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
(b) the results of the monitoring of the performance of each Program Project on Air District-approved report forms.
c) Interim Project Reports: Beginning October 31, 2025, the Administering Agency must submit by
each October 31 an Interim Project Report for each Program Project that has not been completed and which itemizes (a) the expenditure of the TFCA Funds, and (b) the status of each Program Project’s implementation on Air District-approved report forms.
d) If the due date for a report specified above f alls on a weekend or on a State holiday, then that report is due on the following business day.
16) To acknowledge, and to require all Sub-awardees to acknowledge, the Air District as a Program Project’s funding source during the implementation of a Program Project and, if applicable, use the Air District’s approved logo as specified below:
a) The logo must be used on signs posted at the site of any Program Project construction. b) The logo must be displayed on any vehicles or equipment operated or obtained as part of a Program Project.
c) The logo must be used on any public information material relating to a Program Project, such as websites and printed materials, including transit schedules, brochures, handbooks, maps and other promotional materials.
d) The Administering Agency must retain documentation, such as photographs of vehicles and copies of press releases, demonstrating that Air District logos are used and displayed as required.
17) To assure that all TFCA Funds received under this Agreement are expended only in accordance with all applicable provisions of law for projects that are implemented directly by the Administering Agency, and to require Sub-awardees to expend the funds only in accordance with all applicable provisions of law.
18) To return, and to require that Sub-awardees promptly return, to the Administering Agency all TFCA Funds that are not expended in accordance with applicable provisions of law. 19) To return funds to the Air District, and require that Sub-awardees return their funds to the Administering Agency if a project is not maintained and/or operated throughout and until the conclusion of each Project’s Years of Effectiveness. The Project’s Years of Effectiveness is the default value stated in Appendix H of the Guidance for the applicable project type, unless a different value was approved and shown to yield a Project meeting the cost-effectiveness requirement in the Policies by the Administering Agency. The amount of funds returned to the Administering Agency will be calculated on a prorated basis. Any such funds returned to the Administering Agency must be reallocated to eligible TFCA Program Projects. 20) To obtain and maintain, and to require that each Sub-awardee obtain and maintain, throughout the Term of this Agreement, the insurance coverage specified in “Insurance Requirements,” Attachment B, and to comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements is a breach of this Agreement.
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
21) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Gove
rnment Code section 6250 et seq.), to make available to the public and to require that Sub-awardees make available to the public any software, written documents, or other products developed with TFCA Funds. 22) To ensure that work products provided by the Administering Agency under this Agreement comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194). For any work products provided in PDF format, the Administering Agency shall also provide an electronic version in the original electric format (for example, Microsoft Word or Adobe InDesign).
SECTION III
AIR DISTRICT AGREES:
1) To pay the FYE 2025 TFCA monies, the amount of which is estimated on Attachment A, Summary Information, Line 3 and calculated as set forth in Section III, Paragraphs 1a and 1b below, for Program Projects and administration that are consistent with the Policies and this Agreement, in two payments. Payments will be made after this Agreement has been signed by both the Administering Agency and the Air District. Notwithstanding the above, the Air District is only obligated to pay that portion of the FYE 2025 TFCA monies that constitutes that portion of the fees subvened by the DMV for calendar year 2024 to the Air District for its allocation to the Administering Agency from the Program funds. To the extent the estimated FYE 2025 TFCA monies exceed the Motor Vehicle Fees that are received by the Air District and are available to the Administering Agency, the Administering Agency understands and agrees that the Air District will not pay the difference between the Motor Vehicle Fees available and the estimated FYE 2025 TFCA monies. a) To endeavor to forward the first payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The first payment will represent the County’s proportionate share of the Program revenues generated from registration fees paid for motor vehicles that registered in Solano County between January 1, 2024, and June 30, 2024, less Air District’s administrative and audit costs.
b) To endeavor to forward the second payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The second payment will represent the County’s proportionate share of the Program revenues generated from registration fees paid for motor vehicles that registered in Solano County between July 1, 2024, and December 31, 2024, less Air District’s administrative and audit costs.
2) To provide timely notice prior to conducting an audit. 3) To provide the Administering Agency, and any other requesting party, a copy of the fiscal and performance audits conducted pursuant to Section 44242 of the Health and Safety Code.
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
4) To provide the Administering Agency with all Air District-approved reporting forms required for the
Administering Agency to submit pursuant to this Agreement, including the reports required pursuant to Section II, Paragraph 15 above. 5) To provide a copy of the Air District logo to the Administering Agency solely for use to fulfill the obligation under Section II.16 of this Agreement.
SECTION IV
IT IS MUTUALLY AGREED:
1) Term: The term of this Agreement is from July 1, 2024 to December 31, 2028, unless it is terminated or amended as provided for in Paragraphs 2 and 8 of this Section or elsewhere in this Agreement, or unless this Agreement has been fully satisfied. The Administering Agency’s records retention obligations under this Agreement continue beyond the Agreement’s termination date.
The Sub-awardee has two years to implement the project, unless the Expenditure Deadline is extended pursuant to Section II, Paragraph 4 for a particular Program Project. If the Expenditure Deadline is extended for a particular Program Project, the terms and conditions of this Agreement will continue to apply with respect to that particular Program Project until it is completed.
2) Termination: Either Party may terminate th is Agreement at any time by giving written notice of termination to the other Party specifying the effective date thereof. Notice of termination under this paragraph must be given at least ninety (90) days before the effective date of such termination, unless the parties mutually agree to an earlier termination date. This Agreement will also terminate at the end of the fiscal year during which the Solano Transportation Authority loses its designation as Administering Agency for Solano County.
3) Indemnity: The Administering Agency agrees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance by the Administering Agency of its duties under this Agreement or the Administrating Agency’s operation or use of equipment that is funded by the Program and must require Sub-awardees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of their performance of the project or operation or use of the equipment that is funded by the Program.
4) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by e- mail.
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
Notice shall be deemed to have been received on the date of such transmis sion, provided
such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of notices shall be deemed to have occurred on the following business day.
DISTRICT: Bay Area Air Quality Management District
Attn: Director of Strategic Incentives
RE: TFCA 40% Fund Project # 25-SOL
375 Beale Street, Suite 600
San Francisco, CA 94105
[email protected]
ADMINISTERING AGENCY: Solano Transportation Authority
Attn: Daryl Halls, Executive Director
RE: TFCA 40% Fund Project # 25-SOL
423 Main Street
Suisun City, CA 94585
[email protected]
5) Program Liaison: With
in thirty (30) days from the Effective Date of this Agreement, the Administering Agency shall notify the Air District of the Administering Agency’s Program Liaison and of the Liaison’s address, telephone number, and email address. The Program Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Program and Program Projects. The Administering Agency shall notify the Air District of the change of Program Liaison or of the Liaison’s contact information in writing no later than thirty (30) days from the date of any change.
6) Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 7) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air District and the Administering Agency related to the Parties’ rights and obligations and subject matter described in this Agreement, and supersedes all prior and other contemporaneous understandings and agreements of the parties pertaining to the terms and conditions herein.
No Party has been induced to enter into this Agreement by, nor is any Party relying upon, any representation or warranty outside those expressly set forth herein. 8) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
9) Independent Contractor: Neither the Administering Agency nor its officers, employees, agents, or representative shall be considered employees or agents of the Air District. 10) Assignment: Neither Party shall assign, sell, license, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other Party.
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
11) Waiver: No
waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a Party to enforce performance by the other Party of any term, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies.
12) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. 13) Force Majeure: Neither the Air District nor the Administering Agency shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of this Agreement, or other causes, except financial that are beyond the reasonable control of the Air District or the Administering Agency. 14) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by California law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement, including mediation, shall be San Francisco, California. 15) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes the Agreement (Effective Date). 16) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both parties’ respective successors and assigns. Such terms include, but may not be limited to, Section II. Paragraph 7, 11, and 12 and Section IV. Paragraph 3 (Indemnity).
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FYE 2025 TFCA 40% Fund Agreement 25-SOL
IN WITNESS WHEREOF, the
Administering Agency and the Air District have entered into this Agreement as of the date listed below.
FOR AIR DISTRICT:
by: ________________________________
Philip M. Fine
Executive Officer/APCO
Bay Area Air Quality Management District
FOR ADMINISTERING AGENCY:
by: __________________________________
Daryl Halls
Executive Director
Solano Transportation Authority
Date:
______________________________ Date:
__________________________________
Approved as to form:
by: _________________________________
Alexander Crockett
General Counsel
Bay Area Air Quality Management District
Approved as to form (optional):
by: __________________________________
Legal Couns
el
19
Attachment A 25-SOL FYE 2025
BAAQMD FYE 2025 TFCA 40% Fund Attach ment A, Page 1 of 2 SummaryInformation
AdministeringAgencyName: SolanoTransportationAuthority Address: 423MainStreet,SuisunCity,CA94585
Project Admin(max6.25%)[1]
Total(Project+
Admin)
1 Estim ated FYE2025DMVrevenues(basedonprojectedCY2023revenues) Line1 $319,219 $21,281 $340,500 2 Reconciliati onandReprogrammedFunds Line2 $$(10,549) $(1,173) $(11,722) Reconciliation:Differencebetwee npriorͲyearestimateandactualrevenue $(15,797) $(1,053) $(16,851) a.ActualFYE2023DMVrevenues(basedonCY2022) 2a $317,859 $21,191 $339,049 b.EstimatedFYE2023DMVrevenues 2b $333,656 $22,244 $355,900 Reprogrammed:Totalavailablefor programming/reprogrammingtoother projects $5,248 $(119) $5,129
c.Amountavailablefrompreviouslyfundedprojects 2cͲ d.AdminexpendedinFYE2023 2d $21,310
e.InterestincomeearnedonTFCAfundsinCY2023 2e $5,248 3 MovefundsavailablefromAdmintoProjects(Optional) Line3 Ͳ 4 Estim ated TotalAvailableTFCAFunds(SumofLines1,2and3) Line4 $308,669 $20,109 $328,778 PercentageofEs timatedRevenueallocatedtoAdministrativeCosts(maximum of6.25%)
Previous%fromFYE2023ExpenditurePlan: 6.25% Current%forFYE2025: 6.25%
[1]The“EstimatedTFCAfundsbudgetedforadministration”amountislistedforinformationalpurposesonly.PerCaliforniaHealthandSafetyCodeSection44233,Administering Agencymustlimittheiradministrativecoststonomorethan6.25%oftheactualtotalrevenuereceivedfromtheAirDistrict.
20
5th Street Bike-Ped_TFCA Funding Agreement
w-Exhibits_10-2024
Final Audit Report 2024-11-06
Created: 2024-10-25
By: Cecilia de Leon ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA_Yvmhni_vrlFdOo8aFUPgGoW-O7zrLRX "5th Street Bike-Ped_TFCA Funding Agreement w-Exhibits_10-2 024" History
Document created by Cecilia de Leon ([email protected]) 2024-10-25 - 5:57:43 PM GMT
Document emailed to Veronica Nebb ([email protected]) for signature 2024-10-25 - 5:57:53 PM GMT
New document URL requested by Cecilia de Leon ([email protected]) 2024-11-04 - 11:20:07 PM GMT
Email viewed by Veronica Nebb ([email protected]) 2024-11-05 - 6:21:15 PM GMT
New document URL requested by Cecilia de Leon ([email protected]) 2024-11-05 - 6:25:31 PM GMT
Document e-signed by Veronica Nebb ([email protected]) Signature Date: 2024-11-05 - 6:53:54 PM GMT - Time Source: server Document emailed to Andrew Murray ([email protected]) for signature 2024-11-05 - 6:53:57 PM GMT
Email viewed by Andrew Murray ([email protected]) 2024-11-05 - 6:54:43 PM GMT
Document e-signed by Andrew Murray ([email protected]) Signature Date: 2024-11-06 - 5:04:01 PM GMT - Time Source: server Document emailed to Megan Callaway ([email protected]) for signature 2024-11-06 - 5:04:07 PM GMT
Email viewed by Megan Callaway ([email protected]) 2024-11-06 - 5:09:51 PM GMT
Document e-signed by Megan Callaway ([email protected]) Signature Date: 2024-11-06 - 5:13:20 PM GMT - Time Source: server Document emailed to Daryl Halls ([email protected]) for signature 2024-11-06 - 5:13:23 PM GMT
Email viewed by Daryl Halls ([email protected])
2024-11-06 - 10:11:08 PM GMT
Document e-signed by Daryl Halls ([email protected])
Signature Date: 2024-11-06 - 10:12:40 PM GMT - Time Source: server Agreement completed.
2024-11-06 - 10:12:40 PM GMT
CONSENT CALENDAR 6.C.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning and Development Services Director Hector Rojas, Long Range Planning Manager
SUBJECT: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-25 CAPITAL GRANTS AND CONTRIBUTION FUND #221BUDGET TO RECEIVE AND EXPEND ONE BAY AREA GRANT (OBAG) 3 FUNDS IN THE AMOUNT OF $2,400,000 (STEP 1 OF 2)
RECOMMENDATION
Notice of intent to amend the fiscal year 2024-25 Capital Grants and Contribution Fund #221budget to receive and expend One Bay Area Grant (OBAG) 3 funds in the amount of $2,400,000 (step 1 of 2).
REASONS FOR RECOMMENDATION
The City has been awarded $2,400,000 in grant funding from MTC’s OBAG 3 program to support updates to the Downtown Vallejo Specific Plan and the Vallejo Waterfront Planned Development Master Plan and Design Guidelines. Per Section 703 of the City Charter, budget amendments require a two-step process. Step 1 is to provide at least one week’s notice of the intent to amend the budget. As Step 2, staff will return with a resolution to approve the grant agreements and amend the budget at the next regularly scheduled City Council meeting.
BACKGROUND AND DISCUSSION
The OBAG 3 program is administered by the Metropolitan Transportation Commission (MTC) to support the implementation of Plan Bay Area, the region’s long-range transportation and land use strategy. OBAG 3 provides funding to local jurisdictions for transportation and land use planning, infrastructure improvements, and community development projects that advance regional priorities such as housing production, greenhouse gas reduction, and equitable access to transportation. The program emphasizes the integration of transportation investments with sustainable land use planning in Priority Development Areas (PDAs).
The City was awarded $2,400,000 in OBAG 3 funding in January 2023. Of this amount, $1,400,000 is allocated for the update to the Downtown Vallejo Specific Plan, and $1,000,000 is allocated for the update to the Vallejo Waterfront Planned Development Master Plan and Design Guidelines. Both land use plans were adopted over 20 years ago and require updates to better reflect current community needs and priorities, evolving market conditions, and contemporary planning practices.
Each plan update will be guided by a comprehensive community engagement strategy to ensure outcomes reflect community input. The updates will address land use, mobility, infrastructure, housing, equity, economic development, and environmental sustainability. Key tasks include an assessment of existing conditions, community visioning, the development of land use and mobility alternatives, and preparation of a preferred plan and implementation strategy.
The plans will also be updated to comply with current state laws and regional policies, and to incorporate infrastructure needs and market data. Each update will emphasize placemaking, objective design and development standards, and a vibrant mix of residential, retail, and office uses supported by enhanced public spaces and multimodal connectivity. The updates are expected to kick off next month and be completed by
Date: June 3, 2025
Subject: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-25 CAPITAL GRANTS AND CONTRIBUTION FUND #221BUDGET TO RECEIVE AND EXPEND ONE BAY AREA GRANT (OBAG) 3 FUNDS IN THE AMOUNT OF $2,400,000 (STEP 1 OF 2)
July 2027.
Staff will return to the City Council to request approval of the OBAG 3 grant agreements to accept the grant funds and amend the Fiscal Year 2024-25 Capital Grants and Contribution Fund #221 budget at Council's at the next regularly scheduled regular meeting.
FISCAL IMPACT
If the grant is accepted, the City will be eligible to receive reimbursements of up to $2,400,000 for eligible expenses incurred during Fiscal Years 2024-25, 2025-26, and 2026-27. No local match is required.
Reimbursements will be processed through MTC’s funding administration procedures following project milestones and submittal of eligible expenses.
ENVIRONMENTAL REVIEW
The requested action is not considered a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it would not result in a direct or reasonably foreseeable indirect physical change in the environment. Therefore, it is not subject to environmental review.
ATTACHMENTS
None
CONTACT
Kristin Pollot, AICP, Planning & Development Services Director, (707) 648-4326 [email protected]
CONSENT CALENDAR 6.D.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Veronica A. F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF VALLEJO AND WHITE BRENNER LLP AND AUTHORIZING
THE CITY ATTORNEY TO EXECUTE THE SAME
RECOMMENDATION
Adopt the resolution approving the First Amendment to the Agreement for Legal Services with White Brenner and authorizing the City Attorney to execute the Agreement on behalf of the City.
REASONS FOR RECOMMENDATION
White Brenner currently represents the City on four outstanding cases three of which are in Sacramento County and one of which is in Napa County. All of these cases relate to water rights which is a specialty legal practice in California. Barbara Brenner of White Brenner is an expert trial attorney and advisory attorney in the field of water rights. The litigation is ongoing. One of the cases is on appeal and initial brief has been filed. Another case is being considered for appeal. Two of the cases are set for trial this year and White Brenner is still conducting discovery in those two cases. Because the litigation is ongoing, it's not possible to stop or slow down the representation without adversely affecting the City.
BACKGROUND AND DISCUSSION
The law firm of White Brenner, LLP currently represents the City in four different litigation matters related to water rights. Two of the matters are CEQA cases related to water rights and involving developments in American Canyon relying on Vallejo water even when that water is not available for their use. Both of those cases are in Sacramento County. One case is on appeal and the other is being considered for appeal. The other two cases are larger matters and are both defense cases. One involves the 1996 agreement with American Canyon for water service wherein American Canyon wants Vallejo to sell water that the law doesn't allow Vallejo to sell. The other involves land known as Jaeger Vineyards wherein the owner believes that Vallejo should provide him with Vallejo water in perpetuity.
Because of ongoing litigation which White Brenner cannot pause, the firm has exceeded its cap in large part due to increased discovery activity, trial preparation, the drafting of an appellate brief as well as law and motion matters in the cases. There is therefore an ongoing need to increase the compensation relating to this Agreement.
In order to maintain continuity in the current active cases, the City Attorney's Office is requesting an amendment to the White Brenner contract to a not-to-exceed amount of $500,000 per fiscal year.
The amount requested is within the budgeted amount for the City Attorney's Office. Two of the defense cases will ultimately be paid by the Risk fund set aside for defense cases. In addition, the Water Department will reimburse the attorney fees for the water-related issues from their budget. No budget increase is therefore required.
Date: June 3, 2025
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF VALLEJO AND WHITE BRENNER LLP AND
AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
FISCAL IMPACT
Funds are currently budgeted in the City Attorney's budget for this matter. Thus, there will be no further impact on 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 Guideline section 15378.
ATTACHMENTS
1. White Brenner First Amendment Reso
2. White Brenner First Amendment
CONTACT
Randy J. Risner, Chief Assistant City Attorney
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VALLEJO APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN THE CITY OF VALLEJO
AND WHITE BRENNER LLP AND AUTHORIZING
THE CITY ATTORNEY TO EXECUTE THE SAME
WHEREAS, City and White Brenner, LLP (“Firm”) entered into an Agreement for Legal Services on April 25, 2023 providing for compensation not to exceed $500,000; and WHEREAS, Firm provides litigation representation for the City on matters related to water rights as well as ongoing advice to the Water Department concerning water rights issues; and
WHEREAS, Firm currently represents the City in four pending litigation matters all of which are in various stages of discovery and briefing; and WHEREAS, there have been numerous hearings and live deposition discovery during the past fiscal year significantly increasing the litigation costs; and WHEREAS, the original agreement with Firm contains a drafting error limiting total compensation to $500,000.00 rather than $500,000.00 per fiscal year; and WHEREAS, City and Firm now desire to execute a First Amendment to the Agreement for Legal Services (“First Amendment”) to follow the original intent of the agreement and allow for compensation not to exceed $500,000.00 per fiscal year.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council hereby approves the First Amendment amending the agreement to allow a not-to-exceed amount of $500,000.00 per fiscal year and hereby authorizes the City Attorney to execute the First Amendment on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
Adopted by the City Council of the City of Vallejo at a special meeting held on June 3, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement for Legal Services Between City of Vallejo and White Brenner LLP
(Revised 05.2025)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES BETWEEN
CITY OF VALLEJO
AND
WHITE BRENNER LLP
This First Amendment (the “First Amendment”) to the Agreement for Legal Services made and entered into on April 25, 2023 (the “Agreement”), between White Brenner, a California limited liability partnership (the “Firm”), and the City of Vallejo, a municipal corporation (the “City”), is made and entered into on this 3rd day of June 2025.
Firm and City do mutually agree as follows:
1. Amendment to Section 6.10. Section 6.10 is amended to read as follows:
6.10 Maximum Fees Per Fiscal Year Under this Agreement. Firm shall not bill City more than $500,000.00 during any fiscal year (July 1 – June 30) without further authorization from the City Attorney.
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Firm shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Firm hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Firm.
First Amendment to Agreement for Legal Services Between City of Vallejo and White Brenner LLP
(Revised 05.2025)
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year First herein above appearing.
WHITE BRENNER, LLP
A California limited liability partnership
BY:
Barbara A. Brenner,
Partner
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Veronica A.F. Nebb
City Attorney
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
CONSENT CALENDAR 6.E.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VALLEJO
AND WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN A CALIFORNIA LAW CORPORATION INCREASING ANNUAL COMPENSATION TO $150,000 AND
AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution approving the First Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Weintraub Tobin Chediak Coleman and Grodin and authorize the City Attorney to execute the same.
REASONS FOR RECOMMENDATION
Weintraub Tobin Chediak Coleman and Grodin provides independent investiation services for the City of Vallejo involving employee complaints and violation of city policies. The firm has exceeded the cap in its existing contract and has ongoing investigations. An increase in the cap of $50,000 will allow the firm to complete its investigations and be paid for its work for the City.
BACKGROUND AND DISCUSSION
Weintraub Tobin Chediak Coleman Grodin is a law firm that conducts independent investigations involving employee complaints and/or employee disciplinary matters involving violations of City policy. The number of investigations has increased during the past fiscal year necessitating an increase in the fee cap for this firm. Currently, the fee cap is $100,000. The City Attorney's Office is requesting an increase in the cap to $150,000.00 per fiscal year to cover the remainder of this fiscal year and for the next fiscal year.
FISCAL IMPACT
The amount requested is included in the current budget for Investigations. Thus, there will be no additional impact on 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 Guideline section 15378.
ATTACHMENTS
1. Weintraub First Amendment Reso
2. Weintraub First Amendment
CONTACT
Date: June 3, 2025
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF VALLEJO AND WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN A
CALIFORNIA LAW CORPORATION INCREASING ANNUAL COMPENSATION TO $150,000 AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
Randy J. Risner, Chief Assistant City Attorney
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VALLEJO APPROVING THE FIRST AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VALLEJO
AND WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
WHEREAS, City and Weintraub Tobin Chediak Coleman Grodin, a California Law Corporation (“Consultant”) entered into a Consultant and Professional Services Agreement on March 1, 2024 providing for annual compensation not to exceed $100,000 per fiscal year; and
WHEREAS, Consultant provides independent investigative services related to employee complaints and disciplinary issues; and
WHEREAS, City and Consultant now desire to execute a First Amendment to the Consultant and Professional Services Agreement increasing the total compensation to $150,000 per fiscal year.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council hereby approves the First Amendment increasing the total compensation to $150,000.00 per fiscal year and hereby authorizes the City Attorney to execute the First Amendment on behalf of the City. [SIGNATURES ON FOLLOWING PAGE]
Adopted by the City Council of the City of Vallejo at a special meeting held on June 3, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement for Legal Services Between City of Vallejo and White Brenner LLP
(Revised 05.2025)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF VALLEJO AND
WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement made and entered into on March 1, 2024 (the “Agreement”), between Weintraub Tobin Chediak Coleman Grodin, a California law corporation (the “Consultant”), and the City of Vallejo, a municipal corporation (the “City”), is made and entered into on this 3rd day of June 2025.
Consultant and City do mutually agree as follows:
1. Amendment to Section 2. Section 2 is amended to read as follows:
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” In no event shall the total Compensation exceed One Hundred Thousand Dollars ($150,000) per fiscal year, which begins July 1 and ends June
30. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
2. Amendment to Exhibit B. Exhibit B, paragraph 1.A. is amended to read as follows:
A. Services: The City Attorney’s Office of the City of Vallejo (“City”) agrees to pay Consultant, at the rates specified below, for those assigned services as set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not-to-exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year for conducting independent and confidential fact-finding reviews and investigations into assigned complaints, and providing confidential investigative reports that will be used for employment-related purposes.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within 30 days of receiving an invoice upon satisfactory completion of the services and delivery of the work product.
3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This
First Amendment to Agreement for Legal Services Between City of Vallejo and White Brenner LLP
(Revised 05.2025)
First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
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.
5. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year First herein above appearing.
WEINTRAUB TOBIN CHEDIAK COLEMAN
A California Law Corporation
BY:
Lizbeth V. West,
Shareholder
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Veronica A.F. Nebb
City Attorney
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
CONSENT CALENDAR 6.F.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF VALLEJO AND OPPENHEIMER INVESTIGATIONS GROUP LLP INCREASING THE ANNUAL COMPENSATION TO $250,000 AND AUTHORIZING THE CITY ATTORNEY TO
EXECUTE THE SAME
RECOMMENDATION
Oppenheimer Investigations Group, LLP is a law firm that provides independent investigation services to the City for employee complaints and city policy violations. The firm has reached its cap for this fiscal year and has ongoing investigations that are not yet complete. The City Attorney's Office requests adopting a resolution to increase the cap in the Agreement to $250,000 per fiscal year in order to allow OIG to complete its current investigations and get paid for its work.
REASONS FOR RECOMMENDATION
The City of Vallejo has ongoing need to investigate numerous employee complaints as well as violations of City policies. The City uses outside, independent investigators in order to maintain neutrality in the investigation and provide the greatest amount of fairness to employees involved. In order to continue current investigations and to be able to pay the investigator, an increase in the annual cap to $250,000 is justified.
BACKGROUND AND DISCUSSION
Oppenheimer Investigations Group, LLP is a law firm that provides independent investigation services for employee complaints as well as the violation of City policies. OIG is currently the lead investigator on numerous employment investigations and will exceed its cap before the end of the fiscal year. In order to maintain continuity in the investigations and to keep them going, the City Attorney's Office is requesting an increase in the OIG's current cap to $250,000 per fiscal year.
The revised amount is already included in the budget allocated to investigations.
FISCAL IMPACT
Funds are budgeted within the current Investigations budget. Thus, there will be no further impact on 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 Guideline section 15378.
ATTACHMENTS
1. OIG Third Amendment Reso
2. OIG Third Amendment
Date: June 3, 2025
Subject: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF VALLEJO AND OPPENHEIMER INVESTIGATIONS GROUP LLP INCREASING THE ANNUAL COMPENSATION TO $250,000 AND AUTHORIZING
THE CITY ATTORNEY TO EXECUTE THE SAME
CONTACT
Randy J. Risner, Chief Assistant City Attorney
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VALLEJO APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VALLEJO
AND OPPENHEIMER INVESTIGATIONS GROUP LLP
AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME
WHEREAS, City and Openheimer Investigations Group LLP (“Consultant”) entered into a Consultant and Professional Services Agreement on July 1, 2022 providing that annual compensation not exceed $100,000 per fiscal year with a term until June 30, 2023; and
WHEREAS, City and Consultant executed a First Amendment to the Consultant and Professional Services Agreement on July 1, 2023 which extended the term until June 30, 2024; and
WHEREAS, City and Consultant executed a Second Amendment to the Consultant and Professional Services Agreement on April 23, 2024 which increased annual compensation to $200,000.00 and extended the term until June 30, 2026; and WHEREAS, the parties desire to enter into the Third Amendment to the Consultant and Professional Services Agreement (“Third Amendment”) to increase the total compensation amount to allow for additional work to be performed under the Agreement.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council hereby approves the Third Amendment increasing the total compensation to $250,000.00 per fiscal year and hereby authorizes the City Attorney to execute the Third Amendment on behalf of the City. [SIGNATURES ON FOLLOWING PAGE]
Adopted by the City Council of the City of Vallejo at a special meeting held on June 3, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Approved as to form:
By: for
Veronica Nebb, City Attorney
THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VALLEJO
AND OPPENHEIMER INVESTIGATIONS GROUP LLP
This Second Amendment (the “Third Amendment”) to the Consultant and Professional Services Agreement by and between the City of Vallejo, a municipal corporation (“City”) and Oppenheimer Investigations Group, LLP, a California limited liability partnership (“Consultant”) is made and entered into by the parties this 3rd day of June, 2025.
WHEREAS, City and Consultant entered into a Consultant and Professional Services Agreement on July 1, 2022 providing that annual compensation not exceed $100,000; and
WHEREAS, City and Consultant executed a First Amendment to the Consultant and Professional Services Agreement on July 1, 2023 (collectively the “Agreement”) which extended the term until June 30, 2024; and
WHEREAS, City and Consultant executed a Second Amendment to the Consultant and Professional Services Agreement on April 23, 2024 which increased annual compensation to $200,000.00 and extended the term until June 30, 2026; and WHEREAS, the parties desire to amend the Agreement to increase the total compensation amount to allow for additional work to be performed under the Agreement.
NOW THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:
1. Paragraph 2 of the Agreement is amended to read in its entirety as follows:
“Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” In no event shall the total Compensation exceed Two Hundred Fifty Thousand Dollars ($250,000) per fiscal year of the Agreement without a written amendment to this Agreement. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.”
2. Paragraph 1.A of Exhibit B to the Agreement is amended to read in its entirety as follows:
“Services. The City Attorney’s Office of the City of Vallejo (“City”) agrees to pay Consultant, at the rate(s) specified below, for those assigned services as set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per fiscal year for conducting independent and confidential fact-finding reviews and investigations into assigned complaints, and providing confidential investigative reports that will be used for employment-related purposes.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within 30 days of receiving invoice upon satisfactory completion of the services and delivery of the work product.”
3.Integration. This Third 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 Third Amendment.
This Third Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4.Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the Agreement, the provisions of this Third Amendment shall control in all respects.
5.Ambiguities. The parties have each carefully reviewed this Third Amendment and have agreed to each term of this Third Amendment. No ambiguity shall be presumed to be construed against either party.
6.Counterparts. This Third 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 Third Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Third Amendment on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have entered into this Third Amendment on the day and year first hereinabove appearing.
OPPENHEIMER INVESTIGATIONS
GROUP LLP,
a California Limited Liability Partnership
BY:
Vida Thomas
Managing Partner
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Veronica A. F. Nebb
City Attorney
DATE:
ATTEST:
DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
ACTION ITEM 7.A.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN
OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS NAVIGATION CENTER
WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
RECOMMENDATION
Adopt a resolution amending the Fiscal Year 2024-2025 Budget to accept and appropriate $6,390,070.00 for operational funding of the Vallejo Homeless Navigation Center (Step 2 of 2) and approving an operator agreement for the Vallejo Homeless Navigation Center with Five Keys Schools and Programs for an amount not to exceed $7,041,049.40 for services through June 3, 2027.
REASONS FOR RECOMMENDATION
In September 2018, the City of Vallejo declared a shelter crisis and directed staff to move forward with establishing a shelter within the City of Vallejo. On September 30, 2024, the City issued a Request for Proposals (RFP) seeking qualified operators to operate the Vallejo Navigation Center (Navigation Center) at 1937 Broadway in Vallejo, California as a congregate shelter and navigation services site with 125 beds for unhoused individuals and couples in Vallejo. Five Keys Schools and Programs (Five Keys) submitted a proposal to the RFP that was deemed to meet the requirements of the RFP and were recommended by a RFP review panel to be the operator of the Navigation Center.
BACKGROUND AND DISCUSSION
Navigation Center Background
The Vallejo Navigation Center will be a "one-stop-shop" that will provide services and shelter critical to helping address homelessness. The center will offer 125 shelter beds for six months (with potential extensions if participants are working on their individual service plans) and provide individual case management, connecting people to social and medical services. Participants will also have access to job training and be assisted in becoming prepared to secure and sustain their next housing opportunity. The center is anticipated to serve approximately 200 people annually.
The Navigation Center will provide shelter and services for individuals age 18 and older. Individuals will be referred to the Navigation Center through the Coordinated Entry System. This is a low-barrier shelter, meaning that there are minimal requirements for entry into the program, making it accessible to those who may struggle to meet traditional housing criteria due to issues such as mental health, substance use, or lack of income.
While low-barrier means minimal entry requirements, it does not imply the absence of rules; participants will be expected to agree to and abide by a code of conduct that respects and ensures the safety of all residents, staff, facilities, and the surrounding community.
The Vallejo Navigation Center is made possible by funding from the City of Vallejo, County of Solano,
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN
OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS NAVIGATION CENTER
WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
Community Action Partnership of Solano Joint Powers Authority, the U.S. Department of Housing and Urban Development, California Department of Housing and Community Development, Kaiser Permanente, Sutter Health, and NorthBay Health.
Proposed Navigation Center Operator – Five Keys Schools and Programs The City of Vallejo has selected Five Keys to be the operator of the Navigation Center. Five Keys was selected after being reviewed by an RFP panel which consisted of City Staff, representatives from the Community Action Partners of Solano County Joint Powers Authority’s Lived Experience Committee and representatives from our Healthcare Partners (Kaiser Permanente and NorthBay Health). Five Keys received the highest score, and the panel agreed that this with the organization that should be selected to move provide the operations of the Navigation Center. The RFP for the Navigation Center was released on September 30, 2024, with submissions due October 11, 2024. RFPs were reviewed by the panel on November 14, 2024, and after providing the panel’s recommendation to the City Manager staff began negotiations with Five Keys in December 2024.
Five Keys was selected as the operator of the Navigation Center by the review panel as they is qualified to provide the desired operations of the project including case management, property management, and shelter operations as well their experience operating similar projects and other housing programs for the unhoused community.
The housing division of Five Keys provides comprehensive case management and supportive services guiding unhoused individuals from homelessness to transitional and permanent housing. Using housing first and harm reduction principles, they help participants regain stability, dignity, and economic independence. Their programs serve unhoused individuals, offering transitional housing for short-term stability, permanent supportive housing with long-term services, and housing stability plans to build financial and personal security.
Their case managers work with participants on many aspects to stabilize themselves along their housing journey. By bridging the gap between homelessness and long-term stability, Five Keys ensures participants have the tools to rebuild their future.
The Navigation Center Operator Agreement with Five Keys Schools and Programs is for two years of operations. The operations include the provision of services and property management for the Navigation Center. The agreement is attached.
The Operator costs for Five Keys to operator the Navigation Center total $7,790,902.01 for two years. Five Keys will be leveraging $791,102.61 in funding from other resources, which brings the agreement amount to $7,041,049.40 (including some start-up costs). The operational funding is broken down below with a more detailed breakdown attached in the operating budget.
Year 1 Year 2 2 Year Total Five Keys
Leveraged Funds
(2 yrs)
City’s
Responsibility (2
years)
Personnel $1,734,365 $1,734,365 $3,468,730 $63,650 $3,405,080 Fringe Benefits
(38%)
$659,058.70 $659,058.70 $1,318,117.40 $296,593 $1,021,524
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN
OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS NAVIGATION CENTER
WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
Total Personnel +
Benefits (Direct)
$2,393,423.70 $2,393,423.70 $4,786,847.40 $360,243.40 $4,426,604 Non-personnel
Expenses
$321,000 $321,000 $642,000 $51,000 $591,000
Non-personnel
Expenses (Guest)
$672,925 $672,925 $1,345,850 - $1,345,850
Total Non-
personnel (Direct)
$993,925 $993,925 $1,936,850 - $1,936,850
Indirect/Overhead
(15% Direct)
$508,102.31 $508,102.31 1016204.62 $379,859 $636,345
Start-up Costs $41,250 41250 $41,250
Total $3,936,701.01 $3,895,451.01 $7,832,152.02 $791,102.61 $7,041,049.40
The detailed two-year operating budget is attached to the agenda packet in the Operator Agreement.
Navigation Center Operating Funding
Other budget needed for the project prior to opening is funding for two Conex containers (one for program materials and one for additional participant storage) and additional fencing for site security. The additional fencing is needed to secure the easement space behind the dorm structure on-site and restrict access to the HVAC equipment on the exterior of the buildings. The estimated costs for the Conex container and additional fencing is $37,800.
• Conex containers: $7,000 - $9,000 (range from $3,500 to $4,500 for a 20ft container) • Fencing: $28,800 ($90 a linear foot at 320 linear feet)
At the May 27, 2025 City Council amended the budget to allocate $340,958 in Opioid Settlement Agreement Funding. Staff plans to use a portion of this funding to cover the costs of the Conex containers and additional site fencing needed for the project. The remaining funding will be allocated to operations of the program,
The City currently has $6,390,070 in funding secured for operations from our three Healthcare Partners Kaiser Permanent, Sutter Health, and NorthBay Health.
Additionally, the City has $2,213,960in Home Investment Partnership Program – American Rescue Plan (HOME ARP) funding through the Vallejo Housing Authority. The HOME ARP funding needs to be spent by September 30, 2030. The funding allows for up to 15% of the funding ($322,094) to be used toward program administration, which leaves $1,881,866 available for qualifying activities. The Navigation Center meets the program requirements for the funding source. City staff plan to bring a request to allocate HOME ARP funds to the Navigation Center to the Housing and Community Development Commission and then bring the request before Council for potential allocation.
Amending the Fiscal Year 2024-2025 Budget – Operational Funding from Healthcare Partners The City currently has $6,390,070 in funding secured for operations from our three Healthcare Partners:
Kaiser Permanent ($3,000,000), Sutter Health ($3,000,000), and NorthBay Health ($200,000) (awards attached). This funding has been set aside into a separate interest account, which gained $190,070 in interest,
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN
OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS NAVIGATION CENTER
WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
waiting to be used for operations once the Navigation Center opened its doors for the unhoused. At the May 27, 2025 Council Meeting, Council provided notice of intent to amend the fiscal year 2024-2025 budget to allocate this funding towards the project. Staff is requesting that City Council adopt a resolution to amend the 2024-2025 fiscal year budget to allocate these funds.
FISCAL IMPACT
Agreement Contract Total: $7,041,049.40
Healthcare Available Funding: $6,390,070
Kaiser Permanente $3,000,000
NorthBay Health $200,000
Sutter Health $3,000,000
Investment Income $190,070
Opioid Settlement Agreement
Funding
$302,958
Agreement Funding Gap $348,021.40
This item amends the Fiscal Year 2024-2025 Budget in the amount of $6,390,070.00 of funding provided by the Healthcare Partners (Kaiser Permanente, Sutter Health and NorthBay Health) to be used towards the operations of the Navigation Center.
There is currently a $348,021.40 gap in funding for the agreement. Staff also plan to come back at a future meeting to request funding to close this gap from HOME ARP funding.
The funding for the project and agreement are for two years. After June 3, 2027 the City will not have sufficient funding for continued operations. The City will continue to look for additional funding opportunities for future operations of the Navigation Center.
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. RESO_Operator Agreement_Navigation Center_CAO Stamp
2. Navigation Center Operator Agreement - Final
3. Exhibit A
4. Exhibit B
5. Exhibit C. - Mothod of Payment (Sample Invoice)
6. Exhibit F (COV-02-ARPA Nav Center Contract FULLY EXECUTED)
7. Exhibit F (COV-02-ARPA Vallejo Nav Center Amendment FINAL)
8. Exhibit F (City of Vallejo-Sutter Solano Medical Center Signed Grant Agreement)
9. Exhinit F (Kaiser_Foundation_Hospitals_Grant_Letter_and_Agreement)
10. Exhibit F (NorthBay_Healthcare_Vallejo_Navigation_Center_Community_Benefit_Grant)
11. Exhibit F (Vallejo HHAP2 and 3 MOU Nav Center FULLY EXECUTED)
Date: June 3, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,070 FOR OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 of 2) AND APPROVING AN
OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS NAVIGATION CENTER
WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027
12. Exhibit F (Vallejo HHAP2 and 3 MOU Nav Center Amendment 1 FULLY EXECUTED)
13. Exhibit H
14. Exhibit J
CONTACT
Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
RESOLUTION NO. 25- ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND APPROPRIATE $6,390,707 FOR
OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 2 OF 2) AND APPROVING AN OPERATOR AGREEMENT FOR THE VALLEJO HOMELESS
NAVIGATION CENTER WITH FIVE KEYS SCHOOLS AND PROGRAMS FOR AN AMOUNT NOT TO EXCEED $7,041,049.40 FOR SERVICES THROUGH JUNE 3, 2027 WHEREAS, addressing housing and homelessness is a multi-year City Council priority; and WHEREAS, in September 2018, the City of Vallejo (City) by Resolution No. 18-079 N.C., declared a homeless emergency shelter crisis (Resolution 18-079 N.C.); and WHEREAS, the City Council approved establishing a shelter, known as the Vallejo Homeless Navigation Center (Navigation Center) to help address the shelter crisis; and WHEREAS, the City of Vallejo and its funding partners: the County of Solano, Community Action Partners of Solano Joint Powers Authority, the U.S. Department of Housing and Urban Development, California Department of Housing and Community Development, Kaiser Permanente, Sutter Health, and NorthBay Health have made significant funding contributions towards the construction and operation of the Navigation Center; and WHEREAS, the City broke ground on construction of the project in April 2024 and the Navigation Center received final certificate of occupancy in May 2025; and WHEREAS, on September 30, 2024, the City issued a Request for Proposals (RFP) seeking qualified operators to operate the Vallejo Navigation Center as a congregate shelter and navigation services site with 125 beds for unhoused individuals and couples in Vallejo; and WHEREAS, the Five Keys Schools and Programs (Five Keys) proposal was reviewed by the RFP review panel which consisted of City of Vallejo staff, Navigation Center Funding Healthcare Partners, and a member of the Community Action Partners of Solano County Joint Powers Authority’s Lived Experience Committee, and was scored highest amongst other proposals; and
WHEREAS, Five Keys has operated shelters, transitional housing, and permanent supportive housing programs in the Bay Area and across California and is qualified to provide the desired operations of the project including case management, property management, and shelter operations; and
WHEREAS, City staff recommends execution of an Agreement with Five Keys Schools and Programs for an amount not to exceed $7,041,049.40 for a two-year contract to operate the Navigation Center through June 3, 2027; and
WHEREAS, in 2019, the City of Vallejo received a combined total of $6,200,000 in funding for the operation of the Navigation Center from our Healthcare Partners: Kaiser Permanente in the amount of $3,000,000, Sutter Health in the amount of $3,000,000, and NorthBay Health in the amount of $200,000; and
WHEREAS, the City put those funds into an investment account to be held until the opening of the Navigation Center, where it earned $190,070 in interest; and WHEREAS, per the Vallejo City Charter Section 703, amending the budget requires public notice prior to any action taken; and
WHEREAS, on May 27, 2025, the City Council provided notice of intent to amend the fiscal year 2024-2025 budget in the amount if $6,390,070 to provide operational funding for the Vallejo Homeless Navigation Center; and
WHEREAS, staff are requesting that the remaining project funding not expended in fiscal year 2024-2025 be carried over to the succeeding fiscal years.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the Fiscal Year 2024-2025 Budget to accept and appropriate $6,390,070 for operational funding for the Vallejo Homeless Navigation Center.
BE IT FURTHER RESOLVED that the City Council hereby approves the Operator Agreement for the Vallejo Homeless Navigation Center between the City of Vallejo and Five Keys Schools and Programs for an amount not to exceed $7,041,049.40 for services through June 3, 2027.
BE IT FURTHER RESOLVED that the City Finance Director is authorized to carry over any remaining project funding to the succeeding fiscal years.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, with any modifications recommended by the City Attorney and the City Clerk to attest.
Adopted by the City Council of the City of Vallejo at a special meeting held on June 3, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
1 OPERATOR AGREEMENT
FOR THE
CITY OF VALLEJO NAVIGATION CENTER
THIS OPERATOR AGREEMENT (“Agreement”) is made and entered into as of June 4, 2025, in the City of Vallejo, State of California, by and between FIVE KEYS SCHOOLS AND PROGRAMS, a California nonprofit corporation (“Operator”) and the CITY OF VALLEJO, a municipal corporation (“City”). The City and Operator together may be referred to herein as the “Parties.”
RECITALS
WHEREAS, on September 30, 2024, City issued a Request for Proposals seeking qualified operators to operate the Vallejo Navigation Center at 1937 Broadway in Vallejo, California as a congregate shelter and navigation services site with 125 beds for unhoused referred individuals and couples in Vallejo; and
WHEREAS, the Operator submitted a proposal to the RFP that was deemed to meet the requirements of the RFP; and
WHEREAS, Operator’s proposal was reviewed by a RFP review panel which consisted of City of Vallejo staff, Vallejo Navigation Center Funding Healthcare Partners, and a member of the Community Action Partners of Solano County Joint Powers Authority’s Lived Experience Committee, and was scored highest amongst other proposals; and WHEREAS, Operator is qualified to provide the desired operations of the project; WHEREAS, addressing Housing and Homelessness is one of the City of Vallejo’s priority goals; and
WHEREAS, City desires to enter into an agreement with Operator for the operation of the Vallejo Navigation Center on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context otherwise requires, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) “ADA” shall mean the Americans with Disabilities Act (including all rules and regulations thereunder) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time.
2 (b) “Agents” shall mean agents, affiliates, subsidiaries, licensees, contractors, subcontractors, and each of the persons acting by, through or under each of them, and their respective legal representatives, successors and assigns of the Parties. (c) “Applicable Legal Requirements” shall mean applicable statutes, laws, ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or governmental agency, including but not limited to fair housing laws.
(d) “Budget” shall mean the budget attached hereto as Exhibit B, Budget. (e) “Coordinated Entry System (“CES”) means the County of Solano (“County”) system that is designed to assess, match and prioritize people experiencing homelessness to housing. The CES organizes the County’s Homelessness Response System with a common, population-specific assessment, centralized data system, and prioritization method.
Eligibility criteria for housing varies upon the subsidy funding source and may include meeting a definition of homelessness at the time of referral and placement, enrollment in specific benefits programs, income criteria and/or the ability to live independently within the structure of the housing program. Participants who meet eligibility criteria are prioritized based on various criteria, such as levels of vulnerability and needs, length and history of homelessness, and severity of housing barriers.
(f) “Effective Date” means the date that this Agreement is deemed to be entered into and effective, as set forth above.
(g) “Eligible Expenses” shall have the meaning set forth in Exhibit A, Scope of Work and Exhibit B, Budget.
(h) “Environmental Law” will include all federal, state and local laws, regulations and ordinances governing hazardous waste, wastewater discharges, drinking water, air emissions, Hazardous Substance releases or reporting requirements, Hazardous Substance use or storage, related to the work being performed under this Agreement. (i) “Event(s) of Default” shall have the meaning set forth in Section 11.1. (j) “Fiscal Quarter” shall mean each period of three (3) calendar months commencing on July 1, October 1, January 1 and April 1, respectively. (k) “Fiscal Year” shall mean each period of twelve (12) calendar months commencing on July 1 and ending on June 30 during which all or any portion of this Agreement is in effect.
(l) “Funding Agreements” shall have the meaning set forth in Exhibit F – Funding Agreements
3 (m) “Funding Request” shall have the meaning set forth in Section 5.1(a). (n) “Hazardous Substance” will have the meaning set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended as of the date of this Agreement, 42 U.S.C. 9601(14), and in addition will include, without limitation, petroleum (including crude oil or any fraction thereof) and petroleum products, asbestos, asbestos-containing materials, polychlorinated biphenyls (“PCBs”), PCB-containing materials, all hazardous substances identified in the California Health & Safety Code Section 25316 and Section 2528l(h), all chemicals listed pursuant to the California Health & Safety Code 25249.8, and any substance deemed a hazardous substance, hazardous material, hazardous waste, or contaminant under Environmental Law.
(o) “Homeless Information Management System or HMIS” refers to the local information technology system used to collect client-level data and date on the provision of housing and services to individuals and families at risk of and experiencing homelessness. (p) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services as described in the Welfare and Institutions Code section 8255. (q) “Indemnified Parties” shall mean: (i) City, including all commissions, departments, and divisions of City; (ii) City's elected and appointed officials, directors, officers, employees, agents, volunteers and affiliates, and the successors and assigns of each of them; and (iii) all persons or entities acting on behalf of any of the foregoing. (r) “Participant” refers to the individuals that meet the criteria to be referred to Vallejo Navigation Center and are enrolled into the program to receive shelter and services. (s) “Premises” shall mean the real property consisting of approximately 1.15 acres of land, located in the City of Vallejo, commonly known as 1937 Broadway St., Vallejo, California, 94589, and its improvements.
(t) “Release” shall mean any spillage, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discharging of barrels, containers, and other closed receptacles containing any Hazardous Substance.
1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of the City in its sole judgment. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of the City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable to, or satisfactory to the City in its sole judgment. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor” or “assign” herein refers only to a subcontractor, successor or assign expressly
4 permitted under Article 12.
1.3 References to this Agreement. References to this Agreement include: (a) any and all exhibits, schedules, attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 17.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.
ARTICLE 2
APPROPRIATION OF OPERATING FUNDS; LIMITATIONS ON CITY'S
OBLIGATIONS
2.1 Risk of Non-Appropriation of Funds. Operator acknowledges that City budget decisions are subject to the discretion of its City Council. Operator assumes all risk of possible non-appropriation of funds, and such assumption is part of the consideration for this Agreement.
2.2 Automatic Termination for Non-Appropriation of Funds. This Agreement shall automatically terminate, without penalty, liability or expense of any kind to City, at the end of any Fiscal Year if funds are not appropriated for the next succeeding Fiscal Year. If funds are appropriated for a portion of any Fiscal Year, this Agreement shall terminate, without penalty, liability or expense of any kind to City, at the end of such portion of the Fiscal Year.
2.3 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER PROVISION OF THIS AGREEMENT, THE CITY’S RFP, OPERATOR’S PROPOSAL
DOCUMENTS, OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS ARTICLE 2 SHALL GOVERN.
2.4 Maximum Costs. Except as may be provided by City ordinances governing emergency conditions, City and its employees and officers are not authorized to request Operator to perform services or to provide materials, equipment and supplies that would result in Operator performing services or providing materials, equipment and supplies that are beyond the scope of the services, materials, equipment and supplies specified in this Agreement unless this Agreement is amended in writing and approved as required by law to authorize the additional services, materials, equipment or supplies. City is not required to pay Operator for services, materials, equipment or supplies provided by Operator that are beyond the scope of the services, materials, equipment and supplies agreed upon herein and not approved by a written amendment to this Agreement lawfully executed by City. City and its employees and officers are not authorized to offer or promise to Operator additional funding for this Agreement that exceeds the maximum amount of funding provided for herein. Additional funding for this Agreement in excess of the maximum provided herein shall require lawful approval by the City Council. City is not required to honor any offered or promised additional funding which exceeds the maximum provided in this Agreement which requires lawful approval of the City Council when the lawful approval by the City Council has not been obtained. The City is not authorized to make payments on any agreement for which funds are not available in the budget or by supplemental appropriation.
5 ARTICLE 3
TERM
3.1 Duration of Term. The term of this Agreement shall commence on June 4, 2025 and expire on June 3, 2027, unless earlier terminated as otherwise provided herein. Operator shall not begin performance of its obligations under this Agreement until it receives written notice from City to proceed.
ARTICLE 4
OPERATOR
4.1 Operator's Personnel. This Agreement shall be implemented only by competent personnel under the direction and supervision of Operator. Operator agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment(s) made to Operator pursuant to this Agreement shall be the full and complete compensation to which Operator and Operator’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Operator nor Operator’s officers or employees are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Operator. The City shall not be required to pay any workers' compensation insurance on behalf of Operator.
Operator shall pay, when and as due, any and all taxes incurred as a result of Operator’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
4.2 Operator Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or their designee, Operator shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Operator shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
4.3 Standard of Performance. Operator shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Operator’s profession currently practicing in California, and in accordance with all federal, state and local laws, rules and regulations and the requirements of any and all Funding Agreements and Scope of Work attached hereto as Exhibit A - Scope of Work.
Operator is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal,
6 state, and local laws, rules and regulations, and all other contingencies or considerations including but not limited to all Funding Agreements.
Operator’s responsibilities under this section shall not be delegated. Operator shall be responsible to City for acts, errors, or omissions of Operator and Operator’s officials, officers, directors, employees, agents, volunteers, invitees, guests, Participants, affiliates, successors and assignees of each other them and any and all contractors and subcontractors.
Operator is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond the approved Budget.
Whenever the Scope of Work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Operator is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Operator of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Operator.
4.4 Proprietary or Confidential Information of City. Operator understands and acknowledges that, in the performance of this Agreement or in contemplation thereof, Operator may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential information, the disclosure of which to third parties may be damaging to City. Operator agrees that all information disclosed by City to Operator shall be held in confidence and used only in the performance of this Agreement.
Operator shall exercise the same standard of care to protect such information as a reasonably prudent nonprofit entity would use to protect its own proprietary or confidential data.
4.5 Ownership of Results. Any interest of Operator or any subcontractor, in drawings, plans, specifications, studies, reports, memoranda, computation sheets, the contents of computer diskettes, or other documents or Publications prepared by Operator or any subcontractor in connection with this Agreement or the services to be performed under this Agreement, shall become the property of and be promptly transmitted to City. Notwithstanding the foregoing, Operator may retain and use copies for reference and as documentation of its experience and capabilities.
4.6 Works for Hire. If, in connection with this Agreement or the implementation of the Scope of Work, Operator or any subcontractor creates artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes or any other original works of authorship or Publications, such creations shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such creations shall be the property of City. If it is ever determined that any such creations are not works for hire under applicable law, Operator hereby assigns all copyrights thereto to City, and agrees to provide any material, execute such documents and take such other actions as may be necessary or desirable to effect such assignment. With the prior written approval of City, Operator may retain and use copies
7 of such creations for reference and as documentation of its experience and capabilities. Operator shall obtain all releases, assignments or other agreements from subcontractors or other persons or entities implementing the Scope of Work to ensure that City obtains the rights set forth in this Agreement.
4.7 Approval, Publications and Work Product.
(a) Grantee understands and agrees that City has the right to review, approve, disapprove or conditionally approve, in its sole discretion, the Budget, the work and property funded in whole or part with the Budget funds, whether those elements are written, oral or in any other medium. Operator has the burden of demonstrating to City that each element of work or property funded in whole or part with the Budget funds is directly and integrally related to the Budget funds as approved by City. City shall have the sole and final discretion to determine whether Operator has met this burden.
(b) Without limiting the obligations of Operator set forth in subsection (a) above, Operator shall submit to City for City's prior written approval any publication related to the Vallejo Navigation Center or to the City of Vallejo, and Operator shall not disseminate any such publication unless and until it receives City's consent. In addition, Operator shall submit to City for approval, if City so requests, any other program material or form that Operator uses or proposes to use in furtherance of the Scope of Work, and Operator shall promptly provide to City one copy of all such materials or forms within two (2) days following City’s request. The City’s approval of any material hereunder shall not be deemed an endorsement of, or agreement with, the contents of such material, and the City shall have no liability or responsibility for any such contents. The City reserves the right to disapprove any material covered by this section at any time, notwithstanding a prior approval by the City of such material. (c) City has the right to monitor from time to time the administration by Operator or any of its subcontractors of any programs or other work, including, without limitation, educational programs or trainings to ensure that Operator is performing consistent with the terms and conditions of this Agreement.
ARTICLE 5
COMPENSATION
Maximum Amount of Compensation. In no event shall the amount of compensation paid to Operator hereunder exceed Seven Million, Forty-One Thousand, Forty-Nine Dollars and Forty Cent ($7,041,049.4).
5.1 Payment Procedures. Payments to Operator shall be made as follows:
(a) Operator shall submit to the City for approval, in the manner specified for notices pursuant to Article 14, a document (“Funding Request”) substantially in the form attached to Exhibit C, Method of Payment. Any unapproved Funding Requests shall be returned by the City to Operator with a brief explanation of why the Funding Request was rejected. If any such rejection relates only to a portion of Eligible Expenses itemized in a Funding Request, the City
8 shall have no obligation to disburse funds for any other Eligible Expenses itemized in such Funding Request unless and until Operator submits a Funding Request that meets the agreed upon criteria for invoice submission.
(b) The City shall make all payments pursuant to this Section by check payable to Operator sent via U.S. mail in accordance with Article 14, unless the City otherwise agrees in writing, in its sole discretion. The City shall make payments as set forth in Exhibit C, Method of Payment.
5.2 City, County, State or Federal Funds
(a)Disallowance. Operator agrees that if Operator claims or receives payment from City for an Eligible Expense which is ultimately provided from the State, Federal, County or City government funds and payment or reimbursement of which is later disallowed by the State Federal, City or County government, Operator shall promptly refund the disallowed amount to City upon City's request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to Operator hereunder or under any other Agreement. Any such offset with respect to a portion of the disallowed amount shall not release Operator from Operator's obligation hereunder to refund the remainder of the disallowed amount. (b) Incorporation of City’s Grant Terms. The funding for this Agreement is provided in full or in part by a city, county, federal or state grant to the City. As part of the terms of receiving the funds, the City is required to incorporate the terms into this Agreement and include certain reporting requirements. A complete list of the City’s Grants used for source funding for this Agreement and copies of those respective agreements are set forth in Exhibit F – Funding Agreements.
ARTICLE 6
FISCAL REPORTING REQUIREMENTS; AUDITS;
PENALTIES FOR FALSE CLAIMS
6.1 Regular Reports. Operator shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the City, in form and substance satisfactory to the City. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.
6.2 Organizational Documents. If requested by City, Operator shall provide to City the names of its current officers and directors and certified copies of its Articles of Incorporation and Bylaws as well as satisfactory evidence of the valid nonprofit status described in Section 9.1.
6.3 Notification of Defaults or Changes in Circumstances. Operator shall notify City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; and (b) any change of circumstances that would cause any of the representations and warranties contained in Article 9 to be false or misleading at any time during the term of this Agreement.
9 6.4 Financial Statements. If requested by City, within sixty (60) days following the end of each Fiscal Year, Operator shall deliver to City an unaudited balance sheet and the related statement of income and cash flows for such Fiscal Year, all in reasonable detail acceptable to City, certified by an appropriate financial officer of Operator as accurately presenting the financial position of Operator. If requested by City, Operator shall also deliver to City, no later than one hundred twenty (120) days following the end of any Fiscal Year, an audited balance sheet and the related statement of income and cash flows for such Fiscal Year, certified by a reputable accounting firm as accurately presenting the financial position of Operator.
6.5 Books and Records. Operator shall establish and maintain accurate files and records of all aspects of the Scope of Work during the term of this Agreement. Without limiting the scope of the foregoing, Operator shall establish and maintain accurate financial books and accounting records relating to Eligible Expenses incurred and payments received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement. Operator shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than five (5) years after final payment under this Agreement or until any final audit has been fully completed, whichever is later.
6.6 Inspection and Audit. Operator shall make available to City, its employees and authorized representatives, during regular business hours all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by Operator under Section 6.5. Operator shall permit City, its employees and authorized representatives to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of City pursuant to this Section shall remain in effect so long as Operator has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 6.
6.7 Submitting False Claims Operator shall at all times deal in good faith with the City, shall only submit a Funding Request to the City upon a good faith and honest determination that the funds sought are for Eligible Expenses. Operator shall be liable to the City for three times the amount of damages the City sustains in the event Operator submits a false claim to the City.
The Operator will be deemed to have submitted a false claim to the City if Operator: (a) knowingly presents or causes to be presented to an officer or employee of the City a false Funding Request; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false Funding Request paid or approved by the City; (c) conspires to defraud the City by getting a false Funding Request allowed or paid by the City; or (d) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, fails to disclose the false claim to the City within a reasonable time after discovery of the false claim, and repays any false claim paid.
6.8 Operator's Board of Directors. Operator shall at all times be governed by a legally constituted and fiscally responsible board of directors. Such board of directors shall meet regularly and maintain appropriate membership, as established in Operator's bylaws and other governing documents and shall adhere to applicable provisions of federal, state and local laws governing nonprofit corporations. Operator's board of directors shall exercise such oversight responsibility with regard to this Agreement as is necessary to ensure full and prompt performance by Operator of its obligations under this Agreement.
10 ARTICLE 7
CITY REQUIRED PROCESSES AND OPERATION SPECIFICS
7.1 Reporting Requirements. Notwithstanding the county, state, or federal funding sources used for this project, the Operator shall provide the City with regular reports quarterly and as requested, in a timely manner reports as set forth in Exhibit G – Reporting Requirements.
Reporting requirements may from time to time be amended or restated with written notice to the Operator.
7.2 Referral Based Assistance. Operator will receive referrals to the Vallejo Navigation Center for individuals that meet the criteria for utilizing the Vallejo Navigation Center and its services. Individuals will be referred by CES to the Operator. (a)Housing First Model. Operator shall use a Housing First model for receiving referrals to the Vallejo Navigation Center and will meet individuals where they are at. (b)Nondiscrimination. Operator shall provide services to referred individuals without discrimination on the basis of race, color, creed, religion, sex, sexual preference, source of income, age, marital status, physical or mental handicap, medical condition, national origin, ancestry, sexual orientation, gender identification, disability, veteran status and any and all additional classifications listed in any of the Funding Agreements, State and Federal law, as the same may be amended from time to time. (c) In accordance with the Solano County American Rescue Plan Act contract number COV-02-ARPA, a minimum of 15% of beds in the Vallejo Navigation Center must be filled through CES without regard to the City of residence at time of referral. (d) All other beds shall be filled through CES, with a prioritization for unhoused who at the time of referral are residing in Vallejo, to the extent permitted by the State and Federal Funding Agreements.
(e) Operator shall join the Solano County Coordinated Entry System and be enrolled into HMIS.
(f) Operator shall only admit individuals that meet the following requirements:
• Be an adult, age 18 or over
• Have a HMIS profile with basic demographic information, including a recent photo; or be set-up with a profile upon referral • Be able to self-care, as defined by a medical provider • Sign the agreement for Vallejo Navigation Center entry as set forth in Exhibit J - Vallejo Navigation Center Participant Agreement.
(g) Participants shall be entered into the HMIS program in accordance with the Coordinated Entry System Policy and Procedures.
11 (h) In the event that an individual does not or no longer meets the criteria outlined in
6.2(f) above, the Operator has the sole discretion to remove the Participant from the Program. The Operator will notify CES that the Participant will be exited within 72 hours.
7.3 Vallejo Navigation Center Policies. The Operator shall create, provide, and enforce policies specific to the needs of the Navigation Center subject to the approval of the City.
The required policies are set forth in Exhibit H – Program Policies.
7.4 Language Accessibility. The Operator shall address the needs of and provide services to participants who primarily speak language(s) other than English, including, but not limited to Spanish and Tagalog.
7.5 Record Keeping. Operator shall maintain confidential files on each participant, including documentation and notes that track planning and progress on achieving goals in participant’s individual service plan. Operator shall also keep complaint records, exit records, and explanations for early exits as available. All documentation storage, dissemination (including Releases of Information for case conferencing and referrals), and sharing shall adhere to HIPAA and HMIS guidelines.
7.6 Service Objectives. The Operator, with approval from the City, shall develop objectives for each program to describe expectations around the quantity and quality of services provided. Operator will be held accountable for meeting service objectives as they represent essential inputs tied to proposed program outcomes. Service objectives are set forth in Exhibit I – Service Objectives and may be amended from time to time with agreement of Operator and City.
7.7 Insurance. Operator agrees to comply with all of the Insurance Requirements set forth in Exhibit D – Insurance Requirements. Failure to maintain required insurance at all times shall constitute an Event of Default and material breach.
ARTICLE 8
TAXES
8.1 Operator to Pay All Taxes. Operator shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement or any of the activities contemplated by this Agreement.
8.2 Use of City Real Property. If at any time this Agreement entitles Operator to the possession, occupancy or use of City real property for private gain, the following provisions shall apply:
(a) Operator, on behalf of itself and any subcontractors, successors and assigns, recognizes and understands that this Agreement may create a possessory interest subject to property taxation and Operator, and any subcontractor, successor or assign, may be subject to the
12 payment of such taxes.
(b) Operator, on behalf of itself and any subcontractors, successors and assigns, further recognizes and understands that any assignment permitted hereunder and any exercise of any option to renew or other extension of this Agreement may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. Operator shall report any assignment or other transfer of any interest in this Agreement or any renewal or extension thereof to the County Assessor within sixty (60) days after such assignment, transfer, renewal or extension. (c) Operator shall provide such other information as may be requested by City to enable City to comply with any reporting requirements under applicable law with respect to possessory interests.
8.3 Business License. Operator, and its contractors and subcontractors, have obtained or agree to apply prior to performing any services under this Agreement to City’s Finance City for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Operator until such business license(s) has been obtained. Operator and its contractors and subcontractors further agree that City may withhold any payments due to Operator under this Agreement if Operator or any of its contractors and subcontractors is delinquent in the payment of any amount required to be paid to the City under this paragraph. Any payments withheld under this paragraph shall be made to Operator, without interest, upon Operator and/or its contractors or subcontractors coming back into compliance with its obligations.
ARTICLE 9
REPRESENTATIONS AND WARRANTIES
Operator represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
9.1 Organization; Authorization. Operator is a nonprofit corporation, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed.
Operator has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. Operator has duly authorized by all necessary action the execution, delivery and performance of this Agreement. Operator has duly executed and delivered this Agreement, and this Agreement constitutes a legal, valid and binding obligation of Operator, enforceable against Operator in accordance with the terms hereof.
9.2 No Misstatements. No document furnished or to be furnished by Operator to City in connection with this Agreement, any Funding Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
13 9.3 Conflict of Interest.
(a) Operator and its officers, officials, directors, employees, agents, affiliates, contractors, subcontractors and the successors and assignees of each of them warrant and represent that to the best of their knowledge, there exists no actual or potential conflict between it/themselves, their family, business, real property or financial interests and the Scope of Work under this Agreement. Operator officers, officials, directors, employees, agents, affiliates, contractors, subcontractors and the successors and assignees of each of them shall comply with the City of Vallejo Conflict of Interest Code and shall not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with their duties to City under this Agreement. In the event of a change in it/their or their family, business, real property, or financial interests during the term of this Agreement that creates an actual or potential conflict of interest, then it/they shall disclose such conflict in writing to City. (b) Every individual who performs services on behalf of Operator pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
9.4 Subcontracts. Except as may be permitted under Section 12.3, Operator has not entered into any agreement, arrangement or understanding with any other person or entity pursuant to which such person or entity will implement or assist in implementing all or any portion of the Scope of Work.
9.5 Eligibility to Receive Federal Funds. By executing this Agreement, Operator certifies that Operator is not suspended, debarred or otherwise excluded from participation in federal assistance programs. Operator acknowledges that this certification of eligibility to receive federal funds is a material term of the Agreement.
ARTICLE 10
INDEMNIFICATION AND GENERAL LIABILITY
10.1 Indemnification. Operator shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with, related to, or caused by: (a) a material breach of this Agreement by Operator; (b) a material breach of any representation or warranty of Operator contained in this Agreement; (c) any personal injury rising from, related to, or caused, directly or indirectly, by any act or omission of Operator, its officials, officers, directors, employees, agents, volunteers, invitees, guests, Participants, affiliates, successors and assignees of each of them and any and all contractors and subcontractors (“Operator Indemnitors”); (d) any property damage caused, directly or indirectly by any act or omission of Operator Indemnitors; (e) the use, misuse or failure of any equipment or facility used by Operator Indemnitors, regardless of whether such equipment or facility is furnished, rented or
14 loaned to Operator Indemnitors by an Indemnified Party; (f) any tax, fee, assessment or other charge for which Operator is responsible under Article 8; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished to such Indemnified Party in connection with this Agreement. Operator's obligations under the immediately preceding sentence shall apply to any Loss that is caused in whole or in part by the active or passive negligence of any Indemnified Party but shall exclude any Loss to the extent caused by the gross negligence or willful misconduct of the Indemnified Party. The foregoing indemnity shall include, without limitation, consultants and experts and related costs, attorney’s fees, and City’s costs of investigating any claims against the City.
10.2Indemnified Party shall indemnify, defend, and hold harmless Operator from and against any Loss to the extent caused by the sole gross negligence or willful misconduct by Indemnified Party, and where Operator did not contribute to the Loss. The foregoing indemnity shall include, without limitation, consultants and experts related costs, and attorney’s fees.
10.3 Duty to Defend; Notice of Loss. Operator acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 10.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 10.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and arises at the time the Loss is tendered to Operator by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give Operator prompt notice of any Loss under Section 10.1 and Operator shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of Operator.
Operator shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if Operator contends that such Indemnified Party shares in liability with respect thereto.
10.4 Incidental and Consequential Damages. Losses covered under this Article 10 shall include any and all incidental and consequential damages resulting in whole or in part from Operator Indemnitors’ acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
10.5 Hazardous Materials Indemnification. Operator Indemnitors shall not cause or permit any Hazardous Substance to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or transported to or from the Premises in violation of Environmental Laws (as defined herein) without the prior written approval of the City. (a) Operator shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all losses, costs, claims, damages, liabilities, and causes of action of any nature whatsoever (including, without limitation, the reasonable fees and disbursements of counsel and engineering consultants) incurred by or asserted against any Indemnified Party in connection with, arising out of, in response to, or in any manner relating to Operator’s violation of any Environmental Law, or any Release caused or exacerbated by Operator or Operator’s Agents, threatened Release caused or exacerbated by Operator or Operator’s Agents and any condition or Hazardous Substance related nuisance on, under or from the Premises caused
15 or exacerbated by Operator or Operator’s Agents, except to the extent it arises from the existing condition of the Premises as of the Effective Date (including any Hazardous Substance related nuisance on, under, or from the Premises) or any gross negligence or willful misconduct of the City or any of its commissioners, officers, agents or employees.
10.6 LIMITATION ON LIABILITY OF CITY. CITY'S OBLIGATIONS UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER
PROVISION CONTAINED IN THIS AGREEMENT, THE APPLICATION DOCUMENTS OR
ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT,
IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS
BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT
OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
10.7 Each and every provision of this article shall survive termination of this Agreement.
ARTICLE 11
EVENT(S) OF DEFAULT AND REMEDIES
11.1 Event(s) of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default” under this Agreement:
(a)False Statement. Any statement, representation or warranty contained in this Agreement, in the Application Documents, in any Funding Request or in any other document submitted to City under this Agreement is found by City to be false or misleading. (b)Failure to Provide Insurance. Operator fails to provide or maintain in effect any policy of insurance required in Exhibit D – Insurance Requirements. (c)Failure to Comply with Representations and Warranties or Applicable Legal Requirements. Operator fails to perform or breaches any of the terms or provisions of this Agreement relating to representations and warranties or applicable legal requirements. (d)Failure to Perform Other Covenants. Operator fails to perform or breaches any other agreement or covenant of this Agreement to be performed or observed by Operator as and when performance or observance is due and such failure or breach continues for a period of ten (10) business days after the date on which such performance or observance is due. (e)Cross Default. Operator defaults under any other agreement between Operator and City or any requirement of any Funding Agreement (after expiration of any grace period expressly stated in such agreement).
(f)Voluntary Insolvency. Operator (i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to
16 take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Operator or of any substantial part of Operator's property or (v) takes action for the purpose of any of the foregoing. (g)Involuntary Insolvency. Without consent by Operator, a court or government authority enters an order, and such order is not vacated within ten (10) business days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Operator or with respect to any substantial part of Operator's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of Operator.
11.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a)Termination. City may terminate this Agreement by giving a written termination notice to Operator of the Event of Default and that, on the date specified in the notice, this Agreement shall terminate, and all rights of Operator hereunder shall be extinguished. In the sole discretion of the City, Operator shall be allowed fifteen (15) business days to cure the default, unless otherwise agreed to in writing. In the event of termination for default, Operator will be paid for Eligible Expenses in any Funding Request that was submitted and approved by City prior to the date of termination specified in such notice.
(b)Withholding. City may withhold all or any portion of Operator’s compensation not yet paid hereunder, regardless of whether Operator has previously submitted a Funding Request or whether City has approved the payment of any Funding Request. Any compensation withheld pursuant to this Section and subsequently disbursed to Operator after cure of applicable Events of Default, if granted by the City in its sole discretion, shall be paid without interest.
(c)Offset. City may offset against all or any portion of unpaid compensation hereunder or against any payments due to Operator under any other agreement between Operator and City or the Funding Agreements, the amount of any outstanding Loss incurred by any Indemnified Party, including any Loss incurred as a result of the Event of Default.
11.3Termination for Convenience. City shall have the option, in its sole discretion, to terminate this Agreement at any time for convenience and without cause. City shall exercise this option by giving Operator written notice that specifies the effective date of termination. Upon receipt of the notice of termination, Operator shall undertake with diligence all necessary actions to effect the termination of this Agreement on the date specified by City and minimize the liability of Operator and City to third parties.
Such actions shall include, without limitation.
(a) Halting the performance of all work under this Agreement on the date(s) and in the manner specified by City; and
17 (b) Terminating all existing orders and subcontracts, and not placing any further orders or subcontracts for materials, services, equipment or other items; and (c) Completing performance of any work that City designates to be completed prior to the date of termination specified by City.
In no event shall City be liable for costs incurred by Operator or any of its subcontractors after the termination date specified by City, except for those costs incurred at the request of terminating Party pursuant to this section.
11.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
11.5In the event Operator’s operational costs increase by ten percent (10%) or more relative to the budgeted baseline for the applicable fiscal year, the City agrees to meet and confer in good faith with Operator to assess the operational impact and collaboratively explore potential solutions to ensure continued program operations, which may include, but are not limited to, budget adjustments. This obligation to confer shall not limit the City’s right to terminate this Agreement for convenience pursuant to this Section.
ARTICLE 12
ASSIGNMENTS AND SUBCONTRACTING
12.1 No Assignment by Operator. Operator shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of Operator hereunder without the prior written consent of the City which consent may be withheld for any reason or no reason whatsoever in the City’s sole and absolute discretion. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of Operator involuntarily or by operation of law without the prior written consent of City which consent may be withheld for any reason or no reason whatsoever in the City’s sole and absolute discretion. A change of ownership or control of Operator or a sale or transfer of substantially all of the assets of Operator shall be deemed an assignment for purposes of this Agreement.
12.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 12.1 shall confer no rights on any person or entity and shall automatically be null and void.
12.3 Subcontracting. If Exhibit E - Permitted Subcontractors, lists any permitted subcontractors, then notwithstanding any other provision of this Agreement to the contrary, Operator shall have the right to subcontract on the terms set forth in this Section. The Parties may modify Exhibit E by mutual written agreement. If Exhibit E – Permitted Subcontractors is blank or specifies that there are no permitted subcontractors, then Operator shall have no rights under this Section.
18 (a)Limitations. Operator may subcontract with any of the permitted subcontractors set forth in Exhibit E - Permitted Subcontractors, without the prior consent of City; provided, however, that Operator shall not thereby be relieved from any liability or obligation under this Agreement and, as between City and Operator, Operator shall be responsible for the acts, defaults and omissions of any subcontractor or its agents or employees as fully as if they were the acts, defaults or omissions of Operator. Operator shall ensure that its subcontractors comply with all of the terms of this Agreement, insofar as they apply to the subcontracted portion of the Scope of Work. All references herein to duties and obligations of Operator shall be deemed to pertain also to all subcontractors to the extent applicable. A default by any subcontractor shall be deemed to be an Event of Default hereunder. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and City. (b)Terms of Subcontract. Each subcontract shall be in form and substance acceptable to City and shall expressly provide that it may be assigned to City without the prior consent of the subcontractor. In addition, each subcontract shall incorporate all of the terms of this Agreement, insofar as they apply to the subcontracted portion of the Scope of Work. Without limiting the scope of the foregoing, each subcontract shall provide City, with respect to the subcontractor, the audit and inspection rights set forth in Section 6.6. Upon the request of City, Operator shall promptly furnish to City true and correct copies of each subcontract permitted hereunder.
12.4 Operator Retains Responsibility. Operator shall remain liable for the performance by any assignee or subcontractor of all of the covenants terms and conditions contained in this Agreement.
ARTICLE 13
INDEPENDENT CONTRACTOR STATUS
13.1 Nature of Agreement. Operator shall be deemed at all times to be an independent contractor and is solely responsible for the manner in which Operator implements the Scope of Work. Operator shall at all times remain solely liable for the acts and omissions of Operator, its officials, officers, directors, employees, agents, volunteers, affiliates, successors and assignees of each of them and any and all contractors and subcontractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment or agency relationship between City and Operator.
13.2 Direction. Any terms in this Agreement referring to direction or instruction from the City or City shall be construed as providing for direction as to policy and the result of Operator's work only, and not as to the means by which such a result is obtained.
ARTICLE 14
NOTICES AND OTHER COMMUNICATIONS
14.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and may be sent by U.S.
19 mail or email, and shall be addressed as follows:
If to City: Natalie Peterson
Assistant to the City Manager
555 Santa Clara Street
Vallejo, CA 94590
(707) 649-3415
[email protected]
With a copy to: Veronica A. F. Nebb
City Attorney
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
If to Operator: Steve Good, CEO
Five Keys Schools and Programs
320 13th Street
Oakland, CA 94612
(415) 734-3310
[email protected]
Any notice of default must be sent by registered mail.
14.2 Effective Date. All communications sent in accordance with Section 14.1 shall become effective on the date of receipt.
14.3 Change of Address. Any party hereto may designate a new address for purposes of this Article 14 by written notice to the other party.
ARTICLE 15
COMPLIANCE
15.1 Nondiscrimination; Penalties.
(a)Operator Shall Not Discriminate. In the performance of this Agreement, Operator shall not, because of race, color, creed, religion, sex, sexual preference, source of income, age, marital status, physical or mental handicap, medical condition, national origin, ancestry, sexual orientation, gender identification, disability, veteran status and any and all additional classifications listed in any of the Funding Agreements, State and Federal law, as the same may be amended from time to time, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to race, color, creed, religion, sex, sexual preference, source of income, age, marital status, physical or mental handicap, medical condition, national origin, ancestry, sexual orientation, gender
20 identification, disability, veteran status and any and all additional classifications listed in any of the Funding Agreements, State and Federal law, as the same may be amended from time to time.
Operator warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, color, creed, religion, sex, sexual preference, source of income, age, marital status, physical or mental handicap, medical condition, national origin, ancestry, sexual orientation, gender identification, disability, veteran status and any and all additional classifications listed in any of the Funding Agreements, State and Federal law, as the same may be amended from time to time in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Operator for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Operator of Operator’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Operator shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
15.2 Drug-Free Workplace Policy. Operator acknowledges that pursuant to the Federal Drug-Free Workplace Act of 1989, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on City premises. Operator and its employees, agents or assigns shall comply with all terms and provisions of such Act and the rules and regulations promulgated thereunder.
15.3 Compliance with ADA. Operator acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through an Operator or contractor, must be accessible to the disabled public. Operator shall not discriminate against any person protected under the ADA in connection with this Agreement and shall comply at all times with the provisions of the ADA.
15.4 Compliance with Other Laws. Without limiting the scope of any of the preceding sections of this Article 15, Operator shall keep itself fully informed of City’s Charter, codes, ordinances and regulations and all state, and federal laws, rules and regulations affecting the performance of this Agreement and shall at all times comply with such Charter codes, ordinances, and regulations rules and laws.
ARTICLE 16
PROPERTY MANAGEMENT AND MAINTENANCE OF PREMISES
16.1 Utilities. Operator shall procure water service from the City, and sewer service from Vallejo Flood and Wastewater District, and electricity, telephone, natural gas, trash collection services, and any other utility service from utility companies providing such services, and will pay all deposits, connection, installation, and use charges imposed in connection with such services. Except as otherwise provided in this Agreement, City has no responsibility or liability of any kind with respect to any utilities that may be on or about the Premises.
21 16.2 Construction and Repairs. Operator agrees that there will be no physical construction on the Premises during the Term, except in connection with any necessary repairs or alternations necessary to prepare or maintain the Premises. Operator shall not make or permit any Change (as defined below) in the Premises without the prior written approval of the City and subject to such terms and conditions as the City may require. “Change” as used in this Section means any alteration, modification, addition and/or substitution of or to the Premises which differs materially from that which existed upon the Effective Date and will include without limitation the interior or exterior design and exterior materials. “Change” does not include repairs or maintenance in the normal course of operation of the Premises, or as may be required in an emergency to protect the safety and well-being of anyone lawfully permitted on the Premises.
16.3 General Maintenance and Repair Obligations. Operator assumes full and sole responsibility for the condition, operation, repair, maintenance and management of the Premises and will keep the Premises in good condition as it is on the Effective Date (ordinary wear and tear excepted and in a manner otherwise reasonably acceptable to City). In performing these functions, Operator shall:
(a)Obtain the City’s prior written consent only for repairs, alterations, or modifications that materially affect the structural integrity or building systems of any structures, located on the Property or utilities services delivered to. Operator may perform routine maintenance and non- structural repairs (including cosmetic, interior, or system upkeep) without prior City approval, provided such work is in keeping with industry standards and the Operator’s obligations to maintain the Premises in good condition;
(b)Purchase all materials, equipment, tools, and appliances, supplies and services necessary to ensure proper maintenance and repair of the Premises;
(c)Contract with qualified third-party contractors, in accordance with Prevailing Wage requirements and Applicable Legal Requirements, for the maintenance and repair of items that are not performed by regular maintenance employees; (d)Maintain in good condition all landscaping, grounds, and common areas for the Premises;
(e)Provide pest control services within the Premises as needed and use all reasonable efforts to keep the Premises reasonably free of pests at all times, subject to the prohibition on the use of pesticides as set forth below;
22 (f)Contract for trash collection and use all reasonable efforts to (i) ensure that the Premises are reasonably free from rubbish, debris and refuse at all times, and (ii) encourage maximum waste diversion consistent with City policies;
(g)Comply with any required inspections and apply for any permits as needed in order to allow all building systems to maintain the appropriate licenses, permits, and certifications to ensure their safe and code compliant operation;
(h)Notify City Manager or designated City contact immediately in the event Operator is given notice violations by the Planning and Development Services (PDS) Building Division, Department of Public Health, or another City or County agency relating to the Premises; (i)Respond to all facility-related requests and complaints promptly and in a manner that ensures safety of participants and staff. Operator shall notify the City in writing immediately and post in a common area when a maintenance problem will be repaired and repair status;
16.4. Unanticipated and Emergency Maintenance and Repairs. Operator shall notify City of any unanticipated and emergency maintenance or repairs within twenty-four (24) hours after discovery of the emergency. Operator will promptly make all repairs that are immediately necessary for the preservation or protection of the Premises or the safety of occupants or other persons in or on the Premises, or as required by Applicable Legal Requirements (“Emergency Repairs”) without City prior approval; provided, however, that in each such instance Operator shall, before causing any such Emergency Repairs to be made, use all commercially reasonable efforts to obtain the approval of the City Manager or designee, of such Emergency Repairs. Operator will consult with City regarding any necessary temporary relocation of occupants created by such unanticipated and emergency maintenance and repairs.
16.5 Disaster and Emergency Response Plan. Operator shall develop and maintain a Disaster and Emergency Response Plan, subject to approval of the City’s Risk Manager, containing site-specific emergency response plan(s) for the Premises per City requirements. The Disaster and Emergency Response Plan must address disaster coordination at the Premises.
Operator will update the Disaster and Emergency Response Plan as needed, and Operator shall train all employees regarding the provisions of the Disaster and Emergency Response Plan for the Premises.
16.6 Janitorial. Operator shall develop, maintain, and document janitorial schedules per shift for the facility and its systems, as applicable, including but not limited to, cleaning floors, restrooms (including but not limited to: floors, tile, showers, toilets, urinals, sinks); laundry machines (including but not limited to: dryer vents); kitchen (including but not limited to: floors, sinks, counters, appliances); water fountains; and heating and air conditions system vents. Operator will make sure that bathrooms are fully stocked with toilet paper, soap, and paper towels.
23 16.7 Facility Access. Operator shall provide full facility access to City Departments upon notice, including but not limited to City Manager’s Office, Housing and Community Development Division, Vallejo Police Department, Vallejo Fire Department, Building Division, and other agencies contracted by the City of Vallejo to provide services at the Premises. (a) Written notice will not be required during emergency incidents where there are life and safety concerns.
(b) Operator shall notify the City Manager’s Office of any requests for facility access that are not initiated out of that Office and which are not related to the Operator’s normal operations.
16.8 Complaints and Concerns Process. Operator shall develop and maintain a Good Neighbor Policy, as set forth in Exhibit H- Program Policies, that establishes a process to receive and respond to complaints and concerns from the community and surrounding neighborhoods.
(a) Operator shall provide a specific contact person and contact information therefore to receive and respond to all community concerns.
16.9 Operator shall comply with all program policies as set forth in Exhibit H - Program Policies.
ARTICLE 17
MISCELLANEOUS
17.1 No Waiver. No waiver by the City of any default or breach of this Agreement shall be implied from any failure by the City to take action on account of such default if such default persists or is repeated. No express waiver by the City shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by City of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the City of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
17.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.
17.3 Administrative Remedy for Agreement Interpretation. Should any question arise as to the meaning or intent of this Agreement, the question shall, prior to any other action or resort to any other legal remedy, be referred to City Manager, as the case may be, of the City who shall decide the true meaning and intent of the Agreement. Such decision shall be final and conclusive.
17.4 Governing Law. This Agreement shall in all respects be governed by the law of
24 the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
17.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
17.6 Entire Agreement. This Agreement and the Application Documents set forth the entire Agreement between the parties and supersede all other oral or written provisions. If there is any conflict between the terms of this Agreement and the Application Documents, the terms of this Agreement shall govern. The following exhibits are attached to and a part of this Agreement:
Exhibit A - Scope of Work
Exhibit B - Budget
Exhibit C - Method of Payment
Exhibit D - Insurance Requirements
Exhibit E - Permitted Subcontractors
Exhibit F - Funding Agreements
Exhibit G - Reporting Requirements
Exhibit H - Program Policies
Exhibit I -Service Objectives
Exhibit J - Vallejo Navigation Center Participant Agreement
17.7 Certified Resolution of Signatory Authority. Upon request of City, Operator shall deliver to City a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the secretary or assistant secretary of Operator.
17.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
17.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 12, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 10, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
17.10 Survival of Terms. The obligations of Operator and the terms of the following
25 provisions of this Agreement shall survive and continue following expiration or termination of this Agreement:
Section 4.5 Ownership of Results.
Section 6.4 Financial Statements.
Section 6.5 Books and Records.
Section 6.6 Inspection and Audit.
Section 6.7 Submitting False Claims; Monetary Penalties.
Article 8 Taxes.
Article 9 Representations and Warranties.
Article 10 Indemnification and General Liability.
Section 12.4 Operator Retains Responsibility.
This Article 17 Miscellaneous.
17.11 Further Assurances. From and after the date of this Agreement, Operator agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
17.12 Accident Reports. Operator shall immediately report (as soon as feasible, but not more than 24 hours) to the City Manager and City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
17.13 Cooperative Drafting. This Agreement has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement.
17.14 Services During a City-Declared Emergency. In case of an emergency as declared by the City Council, Operator will make a good faith effort to continue to provide the services set forth in Exhibit A - Scope of Work. Any services provided beyond those listed in Exhibit A - Scope of Work, must be approved by the City. [SIGNATURE PAGE TO FOLLOW]
26 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
FIVE KEYS SCHOOLS AND PROGRAMS,
a California nonprofit corporation
By:
Steve Good
President and CEO
DATE:
Business License: _____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
1 Exhibit A:
Scope of Work
1 Exhibit B:
Budget
1 Exhibit C:
Method of Payment
I. Actual Costs: In accordance with Article 5, payments shall be made for actual costs incurred and reported for each month within the term. Under no circumstances shall payment exceed the amount set forth in Exhibit B, “Budget,” of the Agreement.
II. General Instructions for Invoice Submittal: Operator invoices shall include actual expenditures on eligible activities incurred during the month.
A. Timelines: Payments to Operator shall be made within a reasonable time after receipt of Operator’s invoice. Operator shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. Invoicing: All invoices submitted by Operator shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Operator for correction. City shall not be responsible for delays in payment to Operator resulting from Operator’s failure to comply with the invoice format described above.
Operator shall submit invoices, and all required supporting documentation demonstrating evidence of the expenditure to:
Natalie Peterson
Assistant City Manager
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
C. Documentation and Record Keeping:
1. Operator shall keep electronic or hard copy records and documentation of all invoiced costs, including, but not limited to, payroll records; paid invoices; receipts; and payments made for a period not fewer than five years after final payment under this Agreement, and shall provide to the City upon request.
a. City may request and review supporting documentation on
2 the following occasions:
1) Program Monitoring;
2) Fiscal and Compliance Monitoring;
3) Year End Invoice Review;
4) Monthly Invoice Review;
5) As needed per City request; and/or
6) As needed to fulfill audit and other monitoring requirements.
2. All documentation requested by and submitted to City must:
a. Be easily searchable (e.g., PDF) or summarized;
b. Clearly match the Exhibit B’s Budget(s) line items and listed eligible activities;
c. Not include identifiable served population information (e.g., tenant, client, Protected Health Information (“PHI”), Personally Identifiable Information (“PII”)); and
d. Include only subcontracted costs that are reflected in the Exhibit B, Budget(s). City will not pay for subcontractor costs that are not reflected in the Exhibit B, Budget. All subcontractors must also be listed in Exhibit E, “Permitted Subcontractors.”
3. Operator shall follow City instructions per funding source and ensure that all documentation clearly matches the approved Exhibit B, Budget(s) line items and eligible activities.
III. Timely Submission of Reports and Compliance: If Operator has any outstanding items due to the City (e.g., /report/document/data input), as specified in any written form from City (e.g., Letter of Correction, Corrective Action Plan, and/or Exhibit A(s), Scope of Work of the Agreement), Operator shall submit and comply with such requirements prior to or in conjunction with invoices. Failure to submit required information or comply by specified deadlines may result in City’s withholding of payments.
3 Exhibit D:
Insurance Requirements
Operator shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Operator, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Operator under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Operator’s profession (Errors and Omission).
E. Pollution Legal Liability insurance.
F. Crime Insurance or Fidelity Bond.
G. Property Insurance
2. Minimum Limits of Insurance. Operator shall maintain limits no less than:
A. General Liability: $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
4 C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Operator is not subject to California Workers’ Compensation requirements, Operator shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.
D. Professional Liability (Errors and Omission): Insurance appropriates to the Operator’s profession with $2,000,000 combined single limit per occurrence, and annual aggregate.
E. Pollution Legal Liability insurance with a limit of no less than $1,000,000 per claim or occurrence.
F. Crime Insurance or Fidelity Bond with a limit of no less than $100,000 per claim or occurrence.
G. Operator shall provide property insurance on all Operator’s property including personal property, and betterments and improvements contained within or on the premises. The policy must be written on an “all risks” replacement cost basis, excluding earthquake and flood, with no more than a ninety (90) percent co-insurance requirements, and Operator shall name the City as a loss payee for its interest in the property.
3. Deductible and Self-Insured Retention (“SIR”). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Operator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
4. Other Insurance Provisions.
A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Operator; products and completed operations of the Operator; premises owned, occupied or used by the Operator; or automobiles owned, leased hired or borrowed by the Operator. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
C. Waiver of Subrogation Rights Endorsement: The workers’ compensation
5 policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Operator’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.
D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self- insurance shall be called upon to protect it as a named insured.
E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Operator's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Operator's insurance and shall not contribute with it.
F. The Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
6. Verification of Coverage. Operator shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Operator shall include all subcontractors as insureds under its
6 policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Operator if above required insurance or endorsements are canceled, or Operator otherwise ceases to be insured as required herein.
7 Exhibit E:
Permitted Subcontractors
(agreements attached)
8 Exhibit F:
Funding Agreements
i.) Community Development Block Grant
ii.) Permanent Local Housing Allocation Program (“PLHA”) iii.) Homeless Housing, Assistance and Prevention Program (“HHAP”) and Housing and Homelessness Incentive Program (“HHIP”)
iv.) County of Solano American Rescue Plan Act
v.) Measure P Grant
vi.) Grant Agreement between City of Vallejo and Sutter Solano Medical Agreement vii.) Kaiser Foundation Hospitals, Northern California Region – Contribution Agreement viii.) Community Benefit Grant Agreement between City of Vallejo and NorthBay Healthcare
9 Exhibit G:
Reporting Requirements
The Operator will provide the following reports on a quarterly basis to the City on the 15th day following the close of the previous quarter (as outlined in the following chart).
Reporting Quarter Reporting Date
July 1 – September 30 October 15th
October 1 – December 31 January 15th
January 1 – March 30 April 15th
April 1 – June 30 July 15th
•Monthly Budget Various Report
•Monthly Program Exit Report
•Monthly Key Program Indicator Report
•Monthly Intake Report
•Monthly Participation Report
•Community Feedback (including complaints, suggestions, etc.) In addition to the City reporting requirements, the Operator is assuming all reporting requirements from funding sources set forth in Exhibit F.
10 Exhibit H:
Program Policies
1. Five Keys Good Neighbor Policy
2. Five Keys Grievance Policy
3. Vallejo Homeless Navigation Center Pet Agreement
11 Exhibit I:
Service Objectives
1. Number of unduplicated individuals or couples to be served in the grant period.
2. Number of unduplicated individuals or couples that will receive specific types of services.
3. Number of quantity of services to be provided; and/or Number of services provided by service type.
4. Timeliness of service provision.
5. Operator will initiate intake assessment within 72 hours of stay.
6. Operator will create an ISP within one week of entry for all participants.
7. Operator will ensure that each bed, upon turnover, is clean and ready for another participant within 24 hours of it being vacated.
12 Exhibit J:
Vallejo Navigation Center Participant Agreement
Exhibit A
Scope of Work
Exhibit A:
Vallejo Homeless Navigation Center
Operator Scope of Work (Scope of Work)
Support Services
Five Keys will operate the Vallejo Navigation Center according to Housing-First and Harm-Reduction principles, using a low-barrier, equity-based model. Participants will be referred through the Coordinated Entry System (CES) and accepted without discrimination based on substance use, behavioral health issues, or personal struggles.
Participant who self-present or are referred outside the authorized system will be provided with written and verbal information about other services and directed accordingly. The Navigation Center does not accept walk-ins.
Program Operations
Participant Intake, Orientation, and Assessment
● Conduct intake and assessment and program orientation within 72 hours of a participant’s arrival (typically within 24 hours) and enroll into HMIS.
● Information gathered about each participant during intake assessments shall include: number of years unhoused, mental and physical health, substance use history, experiences with domestic violence, criminal history/record, parole/probation status, benefits received, family status, and pregnancy status (as applicable).
● Complete Release of Information forms during intake.
● Develop an Individual Service Plan (ISP) for each participant, focusing on housing stability, financial needs, employment, education, and health. – Written ISPs shall include clear goals and objectives and identify barriers.
● Conduct 28-day progress check-ins for all participants. ● Ensure pet-friendly accommodations by maintaining policies to support pets of participants. ●
Case Management and Coordination
● Maintain 2 care coordinators, supervised by a case management supervisor. ● Provide ongoing case management to support ISP goals. ● Conduct bi-monthly case conferencing meetings with service providers and partner agencies.
Transition and/or exit planning for participants will be included in these case conferences. ● Collaborate with Access Points, Rapid Rehousing, and Permanent Supportive Housing providers to coordinate housing search, placement, and transition. ● Support participants in achieving “document readiness” by assisting with obtaining IDs, income verification, and homelessness documentation, tracked in coordination with Access Points and housing navigators.
● Participants may stay for up to six months, with the possibility of up to a 12-month maximum if actively working towards stabilization and securing housing (as outlined in participant’s ISP). ● Offer, facilitate or refer to appropriate support meetings (i.e.: AA, NA, etc.) Supportive Services
● Conduct benefits advocacy and assist with applications for CalFresh, CalWorks, Medi-Cal, SSI, and other public benefits.
● Support financial planning and literacy activities, including budgeting assistance. ● Facilitate referrals to behavioral health services through Solano County Behavioral Health. ● Coordinate medical and dental visits and promote wellness activities. ● Assist with housing searches and housing applications, including but not limited to overcoming obstacles to obtaining housing.
● Offer program access 24/7 without a curfew for registered participants to promote autonomy and dignity.
Behavioral Health and Emergency Response
● Train staff in crisis intervention, de-escalation, conflict resolution, CPR, AED use, and NARCAN administration.
● Offer conflict resolution support for participants disputes using restorative justice approaches. ● Conduct daily wellness checks for participants
● Develop, maintain, and train staff on a Disaster and Emergency Response Plan specific to the Vallejo Navigation Center.
Site Operations
Site Management
● Maintain facilities and systems (lighting, HVAC, plumbing, electrical, landscaping, pest control, etc.) according to health and safety regulations.
● Conduct regular inspections for mold, leaks, pest infestations, and necessary repairs. ● Respond promptly to maintenance issues and notify participants when repairs are scheduled. ● Maintain janitorial schedules per shift for cleanliness of all shared areas. ● Provide three meals daily, accommodating special dietary needs when possible. ● Offer secure, pest-free storage for participants belongings. ● Provide accommodations with clean linens, blankets, pillows, towels, and secure under-bed
storage.
● Provide access to personal hygiene supplies as appropriate. ● Address vandalism (e.g., graffiti) immediately and coordinate repairs as needed. ● Abide by all other site management and maintenance responsibilities outline in the operator agreement that are not outlined in this scope of work
Security Operations
● Provide 24/7 site security, including perimeter monitoring, fire watch patrols, and safety compliance with Fire Department regulations.
● Conduct regular safety checks and enforce Shelter Grievance Policy and Good Neighbor Policy. ● Inform participants on the grievance procedures, including formal written grievance pathways, and escalation procedures to address concerns.
● Provide ADA-compliant access throughout the facility.
Community Engagement and Good Neighbor Policy
● Conduct monthly community meetings with participants
● Maintain proactive communication with local law enforcement, fire, and city officials. ● Address neighborhood concerns promptly, reporting incidents within 24 hours to the City. ● Complaint procedures for neighbors are established, including formal written pathways with clear timelines for response, escalation procedures allowing appeals to management, and regular documentation of complaints and resolutions.
● Monthly Community meetings can be established to address concerns and foster transparent communication with the surrounding community.
● Attended and present at appropriate City of Vallejo meetings (i.e.: City Council, Housing and Community Development Commission, community meetings, etc.) as required or requested given appropriate notice
Staffing and Staff Development
● Staff front desk and security roles 24/7, including coverage in the “guard shack” at the front entrance to the property.
● Employ staff trained in hospitality, trauma-informed care, de-escalation, harm reduction, and emergency response.
● Offer regular professional development and wellness support for staff, including grief support and mental health counseling.
Reporting and Compliance
● Maintain complete records of the following and provide access to the City designee upon request or as required for reporting:
○ participants ISP progress;
○ services provided;
○ incidents; and
○ property maintenance.
● Facilitate full access to the facility for City Departments and partner agencies as needed with approval of the City’s designee.
● Conduct quarterly satisfaction surveys and solicit ongoing participants feedback to inform program improvements.
● Achieve a minimum 50% participant response rate for quarterly satisfaction surveys to ensure robust feedback.
● Adhere to strict data entry requirements for the Homeless Management Information System (HMIS) system, entering client data within three working days and correcting errors through monthly data quality reviews.
● Become integrated with the Solano County Coordinated Entry System ● Report critical incidents involving deaths, serious violence, or emergency services within two hours to the City of Vallejo designee and complete written Critical Incident Reports within one business day.
Site Leadership Manual: Five Keys Housing Services
h. Critical Incident Reporting
h. Critical Incident Reporting
Critical Incident Reports are filled out for the following:
● Acts of violence, with or without weapons
● Arrests
● Child or Adult Protective Services involvement
● Death
● Destruction of property
● Disruptive behavior
● Fire alarm / fire
● Medical or mental health emergency
● Positive COVID-19 test
● Sexual assault
● Suicide completion / attempt / threats of
● Suspected abuse of child, elder, or person with disability ● Theft
● Threat of violence, with or without weapons
● Unauthorized return to site
● Unchecked weapon
● Overdose
● Overdose reversal with Narcan
● Other – any other major incident affecting the safety of the site Critical Incident Reports are filled out online with the following links:
● SF Temporary shelter link HERE
● SF Permanent Supportive Housing link HERE
● Alameda County link HERE .
Completed copies of CIRs will automatically be submitted to HSH / Alameda County. The completed CIR will then automatically be sent to site leadership team so all are aware.
The supervisor onsite should always inform or contact the site director anytime there is an incident requiring a CIR. If there is a death, sexual assault, or serious act of violence, the Housing Services directors should be informed.
Job Description
Ambassador
Mission Statement
Through the use of social and restorative justice principles, Five Keys provides traditionally underserved communities the opportunity to improve their lives through a focus on the Five Keys: EDUCATION, EMPLOYMENT, RECOVERY, FAMILY, COMMUNITY.
Five Keys Overview
Five Keys is a nonprofit organization that operates an extensive network of programs across California. With a presence in 14 counties and over 120 locations, Five Keys focuses on various initiatives aimed at empowering individuals and families to overcome poverty and inequity. The organization's programs encompass a wide range of services, including public charter schools, restorative justice programs in jails and prisons, shelters, permanent supportive housing, and the development of new housing and support programs. At Five Keys, the overarching objective is to uplift individuals and families by providing them with essential resources. This includes education, housing, employment, and the necessary tools to sustain their progress. By offering these fundamental elements, the organization aims to create positive and lasting change in communities, making them better places for everyone.
Housing Services Overview - A Unique Opportunity
Five Keys Housing Services aims to provide a warm, thriving community of support and services tailored to the unique needs of unhoused individuals at our various sites. Our goals are to provide outstanding customer service to our guests; excellent training and support to our staff; and ensure a safe, welcoming and clean environment for each of our guests to call home as long as they are with us. Our housing sites are unique in their approach to our clients, emphasizing low barriers to entry and a flexible approach to rules and requirements. Our goal is to support people who are often unsuccessful in traditional shelter or housing settings.
Our Core Competencies
A well qualified candidate has the capacity to communicate effectively , collaborate with others while building positive relationships , demonstrates strong problem solving skills , has a dynamic learning mindset , and remains committed to a high level of cultural and social awareness. A successful candidate January 2024 (V3)
will work well under pressure, observe appropriate boundaries and operate with a high degree of emotional intelligence .
What it’s really like to join our agency…
At Five Keys, culture matters. Culture is at the very core of everything we do and impact on a daily basis.
We’ve made a commitment to building an inclusive culture that seeks collaboration over hierarchy to create empowered work teams. We serve vulnerable populations daily and we strive to approach everyone with compassion, patience and a trauma informed approach. We choose to push past discomfort to have difficult conversations to impact the greater good. This allows us the opportunity to collaboratively create an inclusive culture and transform the world around us.
BENEFITS
We offer very low monthly costs for medical, dental, and vision insurance, along with generous time off! Various pre-tax flexible spending accounts and retirement account 403(b) are available. We provide annual reimbursements up to $100 towards gym membership, smoking cessation, and weight loss programs. Annual athletic event participation and annual massages are reimbursed up to $50. Other Company-paid benefits, including free wellness-related apps, an Employee Assistance Program, and a comprehensive mental health care platform, are available to you and your dependents.
We provide annual reimbursements up to $100 towards gym membership, smoking cessation, and weight loss programs. Annual athletic event participation and annual massages are reimbursed up to $50. Other Company-paid benefits, including free wellness-related apps, an Employee Assistance Program, and a comprehensive mental health care platform, are available to you and your dependents.
JOB SUMMARY
The Ambassador acts as a resource, ally, and advisor to Permanent Supportive Housing (PSH), or Shelter guests, supporting the routine operation of the site by monitoring the facility to ensure the health and safety of all on-site. The Ambassador will provide guests with a meaningful Orientation about Site programs and services and engaging them in site activities. Each Ambassador will also provide and help maintain a safe, clean, and comfortable environment for all.
January 2024 (V3)
The Ambassador position reports to the Shift Supervisor and is accountable for fostering a welcoming, respectful, and safe environment for all guests, ensuring adherence to program guidelines, and supporting the day-to-day operations of the facility in alignment with organizational values and goals.
We are looking for someone who insists on maintaining a positive attitude and enjoys supporting a diverse group of people. This job is for you if you are compassionate, approachable, and committed to treating everyone with dignity and respect. You are a strong communicator who can build trust and rapport with people from all walks of life. You are also proactive and observant, with the ability to respond calmly and effectively to a range of situations. In addition, you are organized and reliable, able to manage multiple responsibilities while keeping guest well-being at the center of your focus. Most importantly, you are passionate about creating inclusive communities and supporting individuals on their journey toward stability.
JOB DUTIES AND RESPONSIBILITIES
● Checking the interior (guest sleeping quarters, bathrooms, showers, guest laundry area and community room) and exterior of the building on a regularly-assigned schedule to maintain a clean, safe environment ● De-escalation of potential client conflicts
● Inspecting the facilities to maintain security and program compliance ● Maintaining the Site Ambassador log according to procedure ● Performing all duties within the parameters of Site Policy and Procedures as well as the legislated Standards of Care policies
● Helping orient all guests to program rules and responsibilities of the Site ● Working with the on-duty Site Supervisor to ensure compliance with the rules and regulations in a fair and equitable manner for all guests
● Maintaining Site records in an accurate, complete and legible manner (including attendance at group meetings, disciplinary actions, bed assignments, etc.)
● Answering phones, taking messages, attending to requests for information in a professional manner according to Site procedure
● Assisting Site volunteers and visitors by providing a warm welcoming atmosphere ● Completing and submitting maintenance requests to the Assistant Director of Operations regarding failed equipment and needed repairs
● Responding to all guest requests and questions in a professional and courteous manner.
January 2024 (V3)
● Immediately reporting any problems to the Site Supervisor and Assistant Director of Operations in accordance with Site policies and procedures
● In collaboration with the Assistant Director of Operations and Shelter Supervisor overseeing center operations ensuring a safe environment for staff and guests ● The Ambassador will ensure that security policies and measures are consistently implemented and adhered to in collaboration with security staff when they are on-duty ● With direction from the Shelter Supervisor and Assistant Director of Operations, manage site-specific emergencies or crises
● Provide crisis intervention taking direction from Site Management ● Attending and participating in the daily Shift Change Meetings communicating all issues and concerns to staff coming on the next shift
● Maintaining a clean and healthy environment for guests including the stripping of beds, clearing of lockers, and sleeping areas and all community areas as assigned
● At the end of every shift, ensuring paperwork is complete and workspace is cleaned and organized. ● Collecting, inventorying, tagging, storing, and disposing of guest property according to Site policies and procedures
● Encouraging guests to engage in groups, activities, and services ● Work with the Shelter Supervisor in making decisions regarding critical incidents relating to the operation of the Site and its guests. As needed, Ambassadors will immediately alert the Supervisor or any Site Management present regarding the situation and seek direction ● May also be responsible for facilitating groups, workshops, and client meetings ● Refer guests to Site Care Coordinator staff and communicate any concerns or issues related to that guest ● Commit to attending all staff meetings and trainings even when outside of regular work hours. Participation in all applicable staff trainings and staff meetings is crucial to the success of every Five Keys employee ● Assists in maintaining cleanliness of facility including light janitorial, trash remove, assist in cleaning spills, eating areas and restrooms
● Other duties as assigned
KNOWLEDGE AND SKILLS
● Proficiency in Zoom, Microsoft Office, Google Workspace, and databases, preferred ● Able to maintain strict confidentiality and take all precautions when handling sensitive information ● Ability to effectively and efficiently work from home and independently, with high levels of self-accountability January 2024 (V3)
EDUCATION AND WORK EXPERIENCE
● Experience working in a PSH or Shelter and having a full understanding of programmatic needs preferred ● Critical thinking and problem solving
● Excellent decision-making and leadership capabilities ● Excellent written, verbal and interpersonal communication skills and basic computer skills ● Collaborative work style, initiative and flexibility ● Commitment to Five Keys’ mission and to its organizational values ● Be committed to the mission of Five Keys Housing and possess a working knowledge of and sensitivity to individuals with substance abuse and/or mental health issues such as: PTSD, psychosis, borderline behaviors, bi-polar, etc.
● Possess a strong knowledge of social services; as well as mental health resources for low-income adults ● Must be excellent at charting, record-keeping, and assist in the development of a community resource list/file
● Will maintain professional, respectful, honest interactions with guests, staff and outside agencies ● Must be able to work as part of a multidisciplinary team and be sensitive to a diverse guest and staff population
● The successful candidate must hold either a High School Diploma or a GED equivalent or working toward a diploma
● Possess prior paid experience working with homeless populations that use harm-reduction models preferred
● Prior work with people dealing with mental health, disabilities, or substance abuse issues is preferred
PHYSICAL REQUIREMENTS
● Must wear provided PPE (Personal Protective Equipment) and adhere to all safety guidelines and requirements, when needed
● Occasional reaching with hands and arms
● Travel to multiple sites required
● Frequent and prolonged standing, walking, and sitting ● Long periods of walking, sitting at a desk and/or computer station ● Lifting items that weigh up to 25 lbs.; reaching, bending, carrying and stooping within the daily routine of tasks and activities
January 2024 (V3)
ADDITIONAL REQUIREMENTS
This position is contingent upon:
● Submitting proof of clear TB results. Results dated within 60 days prior to hire date are acceptable
WORK ENVIRONMENT
● Moderate to high noise level
● Work environment varies from site to site
● Some personal safety risk working in high-crisis environments
GROWTH OPPORTUNITIES
At Five Keys, we understand that when our employees grow, the agency has a greater capacity to thrive and accomplish its mission. It is for this reason that we remain committed to providing ongoing professional development opportunities for all of our employees. These include but are not limited to: conferences, staff development training, and coaching plans that allow incumbents to grow into new positions within and across programs within the agency-wide (i.e., charter schools, housing services, programs, transitional employment, nonprofit administration, etc).
Employee Full Name: _________________________________________________________ Employee Signature: _________________________ Date: ___________________________ January 2024 (V3)
Job Description
Care Coordinator
Mission Statement
Through the use of social and restorative justice principles, Five Keys provides traditionally underserved communities the opportunity to improve their lives through a focus on the Five Keys: EDUCATION, EMPLOYMENT, RECOVERY, FAMILY, COMMUNITY.
Five Keys Overview
Five Keys is a nonprofit organization that operates an extensive network of programs across California. With a presence in 14 counties and over 120 locations, Five Keys focuses on various initiatives aimed at empowering individuals and families to overcome poverty and inequity. The organization's programs encompass a wide range of services, including public charter schools, restorative justice programs in jails and prisons, shelters, permanent supportive housing, and the development of new housing and support programs. At Five Keys, the overarching objective is to uplift individuals and families by providing them with essential resources. This includes education, housing, employment, and the necessary tools to sustain their progress. By offering these fundamental elements, the organization aims to create positive and lasting change in communities, making them better places for everyone.
Housing Services Overview - A Unique Opportunity
Five Keys Housing Services aims to provide a warm, thriving community of support and services tailored to the unique needs of unhoused individuals at our various sites. Our goals are to provide outstanding customer service to our guests; excellent training and support to our staff; and ensure a safe, welcoming and clean environment for each of our guests to call home as long as they are with us. Our housing sites are unique in their approach to our clients, emphasizing low barriers to entry and a flexible approach to rules and requirements. Our goal is to support people who are often unsuccessful in traditional shelter or housing settings.
Our Core Competencies
A well qualified candidate has the capacity to communicate effectively , collaborate with others while building positive relationships , demonstrates strong problem solving skills , has a dynamic lea rning mindset , and remains committed to a high level of cultural and social awareness. A successful candidate January 2024 (V3)
will work well under pressure, observe appropriate boundaries and operate with a high degree of emotional intelligence .
What it’s really like to join our agency…
At Five Keys, culture matters. Culture is at the very core of everything we do and impact on a daily basis.
We’ve made a commitment to building an inclusive culture that seeks collaboration over hierarchy to create empowered work teams. We serve vulnerable populations daily and we strive to approach everyone with compassion, patience and a trauma informed approach. We choose to push past discomfort to have difficult conversations to impact the greater good. This allows us the opportunity to collaboratively create an inclusive culture and transform the world around us.
BENEFITS
We offer very low monthly costs for medical, dental, and vision insurance, along with generous time off! Various pre-tax flexible spending accounts and retirement account 403(b) are available. We provide annual reimbursements up to $100 towards gym membership, smoking cessation, and weight loss programs. Annual athletic event participation and annual massages are reimbursed up to $50. Other Company-paid benefits, including free wellness-related apps, an Employee Assistance Program, and a comprehensive mental health care platform, are available to you and your dependents.
JOB SUMMARY
This Care Coordinator position reports to the Deputy Director of Housing and AD of Care Coordination and is accountable for supporting our guests with exit planning, obtaining required documents for housing, and offering support while in the shelter. Their primary responsibility is to ensure coordination, service connections, and placement in housing. Additionally, Care Coordinators work with partner agencies to provide smooth transitions as guests exit into appropriate housing and/or treatment programs, including providing follow-up aftercare when necessary.
We are looking for someone who insists on maintaining a positive attitude and enjoys supporting a diverse group of people. This job is for you if you are prepared to be a navigator, a listener, and an advocate for guests who need extra support and to maintain a safe, healthy environment for staff, guests, and their pets.
JOB DUTIES AND RESPONSIBILITIES
January 2024 (V3)
● Perform guest intake and assessments for all guests within 48 hours of placement ● Collaborate with guests to set goals and develop service plans for stability, treatment and housing readiness
● Work with county and other nonprofit partners to identify housing option for guests ● Provide referrals and linkages to community resources and benefits, such as on or off-site medical and mental health services
● Provide follow-up support services for one month after guests are successfully housed to ensure a smooth transition
● Perform wellness checks for guests who have serious physical and/or mental health conditions that require close attention
● Quickly assess and respond to a variety of situations, including medical emergencies, mental health crisis, conflict resolution and intervention, and other guest emergencies ● Regularly communicate with Deputy Director of Housing and AD of Care Coordination on available housing, housing subsidies, and housing placement opportunities ● Collaborate and communicate with team members to identify guests that might be eligible for services and housing
● Work with interns or volunteers assigned to site
● Share relevant information and new resources with guests and staff to enhance service delivery ● Advocate on behalf of guests regarding housing placement issues, benefits issues, and connections with outside agencies
● Maintain up-to-date documentation in guest files, including documenting services provided ● Take steps to ensure all guest information is maintained in a confidential and professional manner ● In partnership with the Deputy Director of Housing and AD of Care Coordination, adhere to all policies and procedures of Five Keys Schools, county agencies and community partners ● Establish and maintain a positive working relationship with employees, volunteers, guests, other agencies and service providers
● Attend all assigned internal and external meetings
● Other duties as assigned
KNOWLEDGE AND SKILLS
● Understanding and hands-on experience in housing and shelter services January 2024 (V3)
● Experience working in a SIP hotel or shelter setting having a knowledge of programmatic and administrative requirements
● Excellent decision-making and leadership skills, with the ability to effectively resolve complex issues ● Strong knowledge of social services, including mental health resource for low-income adults ● Highly proficient in documentation, record-keeping, and contributing to the development and maintenance of comprehensive guest files and reports
● Ability to demonstrate professionalism, respect, integrity in interactions with participants, staff, and external agencies
● Ability to utilize software and systems necessary for efficient service delivery and documentation ● Proficiency in Zoom, Microsoft Office, Google Suite, and databases ● Able to maintain strict confidentiality and take all precautions when handling sensitive information
EDUCATION AND WORK EXPERIENCE
● Bachelor's degree in Social Work, Psychology, Counseling, or a related field, or an equivalent combination of education and relevant experience required
● Minimum of two years of paid work experience supporting homeless adults with multiple disabilities ● Demonstrated experience and cultural sensitivity in working with individuals facing substance abuse and/or mental health challenges, including PTSD, psychosis, borderline behaviors, bipolar disorder, and others ● Proficient in crisis intervention techniques with the ability to assess situations and implement effective responses.
PHYSICAL REQUIREMENTS
● Must wear provided PPE (Personal Protective Equipment) and adhere to all safety guidelines and requirements, when needed
● Occasional reaching with hands and arms
● Travel to multiple sites required
● Frequent and prolonged standing, walking, and sitting ● Long periods of walking, sitting at a desk and/or computer station ● Lifting items that weigh up to 25 lbs.; reaching, bending, carrying and stooping within the daily routine of tasks and activities
ADDITIONAL REQUIREMENTS
January 2024 (V3)
This position is contingent upon:
● Submitting proof of clear TB results. Results dated within 60 days prior to hire date are acceptable
WORK ENVIRONMENT
● Moderate to high noise level
● Work environment varies from site to site
● Some personal safety risk working in high-crisis environments
GROWTH OPPORTUNITIES
At Five Keys, we understand that when our employees grow, the agency has a greater capacity to thrive and accomplish its mission. It is for this reason that we remain committed to providing ongoing professional development opportunities for all of our employees. These include but are not limited to: conferences, staff development training, and coaching plans that allow incumbents to grow into new positions within and across programs within the agency-wide (i.e., charter schools, housing services, programs, transitional employment, nonprofit administration, etc).
Employee Full Name: _________________________________________________________ Employee Signature: _________________________ Date: ___________________________ January 2024 (V3)
Job Description CARE COORDINATION SUPERVISOR Mission Statement Through the use of social and restorative justice principles, Five Keys provides traditionally underserved communities
the
opportunity
to
improve
their
lives
through
a
focus
on
the
Five
Keys:
EDUCATION,
EMPLOYMENT,
RECOVERY,
FAMILY,
COMMUNITY.
Five Keys Overview Five Keys is a nonprofit organization that operates an extensive network of programs across California. With a presence
in
14 counties
and
over
120
locations,
Five
Keys
focuses
on
various
initiatives
aimed
at
empowering
individuals
and
families
to
overcome
poverty
and
inequity.
The
organization's
programs
encompass
a
wide
range
of
services,
including
public
charter
schools,
restorative
justice
programs
in
jails
and
prisons,
shelters,
permanent
supportive
housing,
and
the
development
of
new
housing
and
support
programs.
At
Five
Keys,
the
overarching
objective
is
to
uplift
individuals
and
families
by
providing
them
with
essential
resources.
This
includes
education,
housing,
employment,
and
the
necessary
tools
to
sustain
their
progress.
By
offering
these
fundamental
elements,
the
organization
aims
to
create
positive
and
lasting
change
in
communities,
making
them
better
places
for
everyone.
Housing Services Overview - A Unique Opportunity Five Keys Housing Services aims to provide a warm, thriving community of support and services tailored to the unique
needs
of
unhoused
individuals
at
our
various
sites.
Our
goals
are
to
provide
outstanding
customer
service
to
our
guests;
excellent
training
and
support
to
our
staff;
and
ensure
a
safe,
welcoming
and
clean
environment
for
each
of
our
guests
to
call
home
as
long
as
they
are
with
us.
Our
housing
sites
are
unique
in
their
approach
to
our
clients,
emphasizing
low
barriers
to
entry
and
a
flexible
approach
to
rules
and
requirements.
Our
goal
is
to
support
people
who
are
often
unsuccessful
in
traditional
shelter
or
housing
settings.
Our Core Competencies A well qualified candidate has the capacity to communicate effectively , collaborate with others while building
positive
relationships
,
demonstrates
strong
problem
solving
skills
,
has
a
dynamic
lea
rning
mindset
,
and
remains
committed
to
a
high
level
of
cultural
and
social
awareness.
A
successful
candidate
will
work
well
under
pressure,
observe
appropriate
boundaries
and
operate
with
a
high
degree
of
emotional
intelligence
.
What it’s really like to join our agency… At Five Keys, culture matters. Culture is at the very core of everything we do and impact on a daily basis.
We’ve
made
a
commitment
to
building
an
inclusive
culture
that
seeks
collaboration
over
hierarchy
to
create
empowered
work
teams.
We
serve
vulnerable
populations
daily
and
we
strive
to
approach
everyone
with
compassion,
patience
and
a
trauma
informed
approach.
We
choose
to
push
past
discomfort
to
have
difficult
conversations
to
impact
the
greater
good.
This
allows
us
the
opportunity
to
collaboratively
create
an
inclusive
culture
and
transform
the
world
around
us.
BENEFITS We offer very low monthly costs for medical insurance! Dental, vision and life insurance premiums paid by Five
Keys
and
various
pre-tax
flexible
spending
accounts
and
retirement
account
403b.
Generous
time
off.
Annual
reimbursement
up
to
$100
towards
gym
membership,
smoking
cessation
and
weight
loss
programs.
Annual
reimbursement
up
to
$50
towards
annual
athletic
event
participation
and
annual
massage
after
6 months
of
employment.
FREE
access
to
wellness-related
apps,
Employee
Assistance
Program
and
a
comprehensive
mental
health
care
platform
for
you
and
your
dependents.
JOB SUMMARY The Care Coordination Supervisor reports to the Director of Care Coordination and is accountable for leading
a
team
of
Care
Coordinators
in
ending
homelessness,
by
providing
housing
and
coordination
of
services,
including
those
related
to
education,
employment,
health
and
wellness.
This
position
provides
leadership,
ensures
the
program
aligns
with
grant
and
regulatory
requirements,
provides
direct
services
to
clients,
performs
quality
assurance
evaluations,
develops
improvement
initiatives,
and
manages
daily
activities.
The
Care
Management
Supervisor
will
help
develop
staff
competencies
and
developmental
opportunities,
especially
for
employees
who
are
early-career
practitioners
with
limited
clinical
experience.
We are looking for someone who insists on maintaining a positive attitude and enjoys supporting a diverse
group
of
people.
This
job
is
right
for
you
if
you
are
ready
to create a collaborative work
environment
and
ensure
a
team-based
approach
to
caring
for
those
we
serve.
This
is
an
opportunity
to
help
clients
improve
their
overall
well-being
by
supporting
Housing
Care
Coordinators
as
they
provide
quality
services
and
access
to
independent
living
skills
to
unhoused
individuals.
This position will support programs throughout Alameda and San Francisco Counties JOB DUTIES AND RESPONSIBILITIES Learning and Development ● Supervises 8-15 Care Coordinators from multiple housing sites and programs in San Francisco and Alameda
Counties
● Interviews, hires, evaluates, coaches and trains Care Coordinators, with an emphasis on providing care management
context
and
support
● Trains, coaches and mentors staff on providing trauma informed care and utilizing motivational interviewing
techniques
to
guiding
clients
toward
achieving
self-sufficiency
● Supports staff by ensuring a work environment marked by positive communication, collaboration, and opportunities
for
professional
development
● Ensures effective service delivery by overseeing the development and management of quality assurance and
program
evaluation
systems
● Assists staff in locating and completing internal and external developmental opportunities that may lead to career
advancement
● Schedules shifts, assigns and reassigns cases, conducts team meetings, and provides training ● Routinely coaches staff, evaluates work performance, recommends professional development, and assists in
disciplinary
proceedings to ensure program management practices meet expectations for exceptional client
care
● Conducts regular case conferences with Care Coordinators, reviews care records, and supervises assessments
● Provides understanding of social, emotional, mental and economic causes of problem behaviors ● Approves alternative case plans ● As necessary, provides guidance to staff to promote excellent service delivery standards, including intervention
strategies,
goal
planning,
and
group
dynamics
● Functions as team leader, driving and modeling program ideals ● Serves as a resource for Care Coordinators with transference or boundary issues and ensures staff utilizes
sustainability
practices
and
self-care
as
needed
● Provides education on cultural considerations and diversity topics as appropriate ● Other duties as assigned
Services ● Collaborates with housing program leaders and staff to ensure quality service delivery to guests and clients
● Develops, negotiates and manages partnerships for social and for health service ● Participates in the establishment or revision of policies, procedures, guidelines, goals, and objectives ● Provides resource information and referral to clients on an ongoing basis. This may include information such
as
benefit
entitlement,
drug
and
alcohol
treatment
programs,
vocational
training,
legal
services,
immigration
services,
health
and
mental
health
services,
housing
and
community
resources
● Supports clients in securing benefits, housing, and other resources that are essential to achieving established
goals
● Assists clients in developing and learning appropriate methods of advocating for themselves ● Participates in our crisis response system and immediately responds to clients experiencing acute symptoms
associated
with
their
behavioral
health
issues
● Facilitates debriefing events following crisis situations ● Maintains a thorough understanding of the resources and services available in the community for clients with
acute
behavioral
health
needs
● Develops and maintains partnerships with outside agencies and treatment teams (e.g. HOT Team, Citywide,
HSH,
housing
navigators,
etc.)
● Other duties as assigned Quality Assurance, Improvement, and Management ● Completes various chart audits an ensures documentation compliance as required by organizational best practices,
funders,
and
grant
agreements
● Based on audit results, provides guidance to staff, recommends and/or provides training when needed ● Works closely with the Directors of Housing and Care Coordination to reach service goals and outcomes ● Utilizes data to inform decisions, make program improvements, and meet required outcomes ● Prepares quarterly, semi annual and annual reports as required by HSH and leadership ● Maintain knowledge and understanding of HMIS and Five Keys data tracking systems ● Engages in quality improvement and outcome management activities, including collection and analysis of demographics,
outcome
data
and
other
metrics
● Utilizes data to improve program outcomes and service delivery ● Accurately, enters outcome measures, incident reports, and other documentation into required electronic systems
in
a
timely
manner