Vallejo City Council
July 22, 2025

Ghilotti Bros. Inc. Construction Contract Page 184 of 192 Cape Seal 2025 Project No. MP2025
15-02(C) Mineral Filler
Mineral Filler shall be either Portland Cement, hydrated lime, limestone dust, fly ash or other approved filler meeting the requirements of ASTM D242 and shall be used if required by the mix design. The mineral filler shall be considered as part of the aggregate in calculations regarding slurry seal asphalt content. 15-02(D) Additives
Additives may be used to accelerate or retard the mixing and setting characteristics of the slurry seal or improve the resulting finished surface. The use of additives in the slurry mix (or individual materials) shall be made initially in quantities predetermined by the mix design with field adjustments if required. If the use of additives during application requires a greater than + or – 1.0% deviation from the recommendations of the mix design, a new mix design will be performed to verify system performance at higher or lower additive levels.
15-02(E) Mix Design
At least seven (7) working days before slurry seal placement commences, the Contractor shall submit to the Engineer for approval a laboratory report of tests and proposed mix design covering the specific materials to be used on the project. The percentage of asphalt emulsion proposed in the mix design shall be within the percentage range specified in Section 37-2.05B(5) “Slurry Seal Mix Design” of the Standard Specifications.

The tests and mix design shall be performed by a laboratory capable of performing the applicable International slurry Seal Association (ISSA) tests. The proposed slurry seal mixture shall conform to the requirements specified when tested in accordance with the following tests:

TEST DESCRIPTION SPEC
ISSA TB 106 Slurry Seal Consistency, mm 30 maximum
ISSA TB-139 Wet Cohesion (using project source aggregate, asphalt emulsion and set-control agents, if used)
30 minutes min
60 minutes min
12kg-cm minimum
20kg-cm minimum
ISSA TB-109 Excess Asphalt
By LWT Sand Adhesion
50 g/ft2 maximum
(538 g/m2 maximum)
ISSA TB-114 Wet Stripping Pass
ISSA TB 115 Compatibility Pass
ISSA TB-100 Wet Track Abrasion Loss, one-hour soak
(minimum asphalt content)
75 g/ft2 maximum
(807 g/m2 maximum)
ISSA TB-113 Mix Time (Mixing test and set time test shall be done at the highest temperature expected during construction
Controllable to 180 sec.
minimum
The laboratory report shall be signed by the laboratory that performed the tests and mix design and shall show the results of the tests on individual materials, comparing the test results to those required by the specifications. The report shall clearly show the proportions of aggregate, filler (as determined from the tests, minimum and maximum), water (minimum and maximum), asphalt solids content based on the dry weight of aggregate and set-control agent usage. The laboratory shall also report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). Previous laboratory reports covering the same materials may be accepted provided they are made during the same calendar year.

The Engineer shall approve the mix design and all slurry seal materials and methods prior to use. The job

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mix design shall conform to the specification limits and be suitable for the traffic climate conditions, curing conditions and final use. This will include recommended application rate of slurry to suit the job conditions.

Any changes in the proportions will be made only when approved by the Engineer. 15-02(F) Proportioning
Proportioning shall conform to the provisions in Section 37-3.02C(2), “Proportioning” of the Standard Specifications and these Special Provisions.

The completed mixture, after addition of water and any set-control agent used, shall be such that the slurry seal mixture has proper workability and (a) will permit uncontrolled traffic on the slurry seal within two (2) hours after placement without the occurrence of tracking, bleeding, raveling, separation or other distresses, and (b) prevent development of bleeding, raveling, separation or other distress within fifteen (15) days after placing the slurry seal.
15-02(G) Mixing and Spreading Equipment
Mixing and spreading equipment shall conform to the provisions in Section 37-3.01C(3), “Mixing and Spreading Equipment” of the Standard Specifications and of these Special Provisions.

A minimum of two 7-cubic yard capacity or larger slurry machines shall be on the job and in good operating condition at all times. Machines must be able to negotiate all turns next to the curbs in cul-de-sacs, on initial pass in one continuous pass.
15-03 CONSTRUCTION
15-03(A) Sequencing Requirements
Slurry seal work on residential streets shall be sequenced in such a manner as to minimize inconvenience to the residents or Recology, the trash management company. Contractor shall schedule its work in conformance with Recology’s schedule as provided for on the Plans. In addition to the traffic control plan requirements, the Contractor shall communicate in his notification flyer to residents, the proposed streets not being worked on. To the maximum extent possible so as to minimize walking distances for residents, the proposed streets not being worked on shall not exceed more than approximately 1,000 feet from the furthest property affected by the slurry seal operation. Any deviations from this requirement shall be approved in advance by the Engineer.
15-03(B) Surface Preparation
Before the polymer modified slurry seal is applied, the pavement surface shall be swept free of all loose debris using power sweepers, cracks shall be filled, and digouts completed. Contractor shall remove all existing weeds and plant materials from all cracks in all street sections that will receive slurry seal surfacing.

This includes vegetation removal from cracks along the edge of pavement or concrete gutter lip. Crack sealing shall be paid under Section 10-5, “Asphalt Crack Sealing”.

Weed Removal - All vegetation shall be removed from cracks in the pavement and at the interface of pavement and gutter prior to sweeping. To facilitate the cleaning operations, the Contractor shall use a weed spray (Round Up or its equivalent) ten days prior to performing the crack sealing operations.

All existing pavement markers, paint and thermoplastic traffic striping and markings shall be removed and disposed of by the Contractor prior to slurry seal work. Said removal shall not occur sooner than two days

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prior to the day the slurry sealing is scheduled. Temporary markers (slurry tabs) shall be placed to delineate removed paint and thermoplastic as required by the Engineer. Slurry tabs must be cleaned immediately after slurry is placed.

Manholes, valves, survey monuments, or miscellaneous frames and covers shall not receive a seal coat.

These shall be protected as noted in Section 10-3 “Existing Facilities”. Any frame or cover seal coated shall be cleaned to the satisfaction of the Engineer and the cost for the cleaning shall be borne by the Contractor.
15-03(C) Placement
Placing shall conform to the provisions in Section 37-3.01C(5), “Placement” of the Standard Specifications.

No application of slurry mixture shall be permitted when the temperature of the pavement to be surfaced is below 50° F or when the air temperature is below 60°F in the shade or when, in the opinion of the Engineer, road conditions, road temperatures, imminence of rain, wetness or dampness are not conducive to successful results.

The slurry mixture shall be uniformly spread by means of a controlled spreader box conforming to the requirements of Section 37-3.01C(3) of the Standard Specifications.

If required by the Engineer, the slurry machine shall be inspected and calibrated on a 300-foot test section.

The calibration shall establish the settings required to obtain the application rate for the slurry and correct proportions of ingredients in accordance with these Special Provisions.

The spreader box shall move forward at a rate not greater than 3 miles per hour (270 feet per minute) such that the fluid slurry mixture will penetrate and substantially fill all available voids. All surfaces to be slurry sealed shall be lightly dampened with a fog spray of water. The slurry box squeegees, rubber belting or similar material, shall be flexible enough to wipe the slurry uniformly over the surface of the roadway without gouging, scouring or abrading the existing surface or chips.

Type II slurry seal shall be spread at a rate between 13-15 pounds of dry aggregate per square yard as required or dictated by surface conditions or as determined by the Engineer. The completed spread rate shall be within ten percent of the designated rate.

Areas which cannot be reached with the slurry seal machine shall be surfaced using hand squeegees to provide complete and uniform coverage. Care shall be taken to leave no unsightly appearance from the handwork. All handwork shall achieve the same type of finish as applied by the spreader box. All incidental handwork such as surfacing of driveway aprons and returns shall be done concurrently with the surfacing of the street proper.

The joint between the edge of pavement and the concrete gutter shall be sealed/filled with slurry seal and not overlap into the gutter pan more than one to two inches (1-2”). Any application spillage beyond this joint shall be removed or cleaned up by the Contractor to the satisfaction of the Engineer. Gutter spills and any tracking of slurry seal onto concrete improvements shall be cleaned immediately. The edges of the limits of the slurry seal application of both sides of the street shall be maintained in a neat and uniform line.

All lines of termination of slurry sealing shall be neat and straight. Contractor shall use building paper or an approved equal header materials at all limits of work. Longitudinal joints shall be at the crown of the street or at the edge of the traveled lanes. No excessive buildup or unsightly appearance shall be permitted on longitudinal and transverse joints.

Care will be taken to avoid leaving ridges at the lap joints between adjoining passes. Wherever possible, joints will coincide with lane lines or in the center of the lane. In no case will ridges be allowed in the normal

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wheel track of vehicles. The forward speed of the slurry spreader shall be adjusted to eliminate corrugations or surface irregularities in the slurry coat, which are caused by excessive speed.

No lumping, balling, or unmixed aggregate shall be permitted. No segregation of the emulsion and fines from the coarse aggregate shall be permitted. If coarse aggregate settles to the bottom of the mix, the slurry mix shall be removed from the pavement. No excessive breaking of emulsion shall be allowed in the spreader box. No streaks caused by oversize aggregates will be left on the finished pavement, and ridges, washboarding in the finished product shall not be allowed.

Weight tags shall be furnished to the Engineer for all materials delivered to the site including aggregates, emulsified asphalt for slurry and retardant.

The Contractor shall immediately remove any excess slurry from the gutters. The Contractor shall not continue to the next street until all excess slurry is removed as determined by the Engineer. No extension of time will be granted due to delay caused by non-compliance with this provision.

The Contractor shall furnish and maintain in good operating condition all tools and equipment necessary to do the work with a minimum of inconvenience to the public, and shall employ sufficient personnel to operate all equipment efficiently and skillfully.

The Contractor shall refrain from using fuel or solvents of any kind for cleaning tools and equipment in such a manner as to permit spillage of diesel fuel or solvent on the pavement, curbs, gutters, parkways or other adjoining areas.
15-03(D) Rolling
Following the slurry seal, the surface shall be rolled by a self-propelled, 10-ton pneumatic roller. The intent is to roll these street sections because it may not experience traffic volumes in the various stalls. Roller shall have a tire pressure of 50 PSI and be equipped with a water spray system. All tires shall be smooth surfaced and inflated to the same pressure. The slurry sealed area to be rolled shall be subjected to at least five (5) full coverage passes such that the material is compacted to a uniform surface texture.

Rolling shall occur the same day as the slurry is placed, however it shall not commence until the slurry seal has cured and will not pick up on the tires of the roller. 15-03(E) Initial and Final Sweeping Following Slurry Seal The Contractor shall provide all necessary equipment, skill, and manpower to sweep all completed slurry sealed streets to the satisfaction of the Engineer, and in accordance with these Special Provisions.

Sweeping shall not begin until a sufficient bond has developed between the emulsion and the aggregate.

Sweeping shall not dislodge aggregate or patches of applied surface.

The Contractor shall use a commercial sweeper to sweep each street that is slurry sealed. During the sweeping, the sweeper shall use only the rear broom. The front brooms shall not be used during this sweeping operation. Brooms shall be vertically adjustable so as to avoid excess pressure during sweeping.

For slurry sealed streets, the initial sweeping shall be performed no sooner than three (3) calendar days after the slurry seal has been applied to the street. The Contractor shall conduct additional sweepings at seven (7) calendar days and again at fourteen (14) calendars days after the slurry seal has been applied.

A final sweeping shall be performed no sooner than twenty-eight (28) days and no later than forty-two (42) days following the slurry seal application. The Contractor shall submit a schedule of the dates for sweeping.

The sweeping schedule shall be approved by the Engineer prior to occurring.

Sidewalks and driveways adjacent to slurry sealed streets shall also be swept and kept clean of aggregates

Ghilotti Bros. Inc. Construction Contract Page 188 of 192 Cape Seal 2025 Project No. MP2025
or other materials resulting from the application operation. 15-03(F) Scheduling of Striping after Slurry Seal has Cured Permanent traffic stripes, pavement markings and pavement markers shall be installed in accordance with Section 14-03, “Traffic Stripes and Pavement Markings,” of these Special Provisions.

The Contractor shall be responsible for implementing and maintaining temporary delineation until permanent striping, pavement markings and pavement markers have been permanently installed in accordance with Section 12-6, “Temporary Pavement Delineation,” of these Special Provisions.

Any tire tracking from slurry seal surfaced streets to other streets that defaces existing striping and markings shall be washed off the street.
15-03(G) Repair and Acceptance of the Work
In the event that the applied slurry seal surface violates the contract specifications or has the following conditions: tire or wheel tracks, longitudinal or transverse ridges, surface blemishes, wash boarding, footprints, excessively rough sand blotter locations, lack of uniformity in color, or other undesired markings; the Contractor shall, at the direction of the Engineer and at no additional cost to the City, repair and reseal those locations where the conditions exists. The method of treatment shall be approved by the City Engineer or his authorized representative.

Measurement and Payment
The contract square yard (SY) price paid for “Type II Slurry Seal” shall include full compensation for doing all of the work involved with the polymer modified slurry seal and in compliance with the plans and specifications, including the spraying of weeds with weed killer.

END OF SECTION

Ghilotti Bros. Inc. Construction Contract Page 189 of 192 Cape Seal 2025 Project No. MP2025
SECTION 16: TRAFFIC STRIPING, MARKINGS AND MARKERS
(SECTION 84)
The provisions of Section 84-2, “TRAFFIC STRIPES AND PAVEMENT MARKINGS,” of the Standard Specifications shall apply in their entirety unless modified or supplemented herein. 16-01 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS
Existing pavement markers and thermoplastic striping, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of by grinding. Traffic striping and marking shall only be removed within three (3) working days of the slurry seal on each street. Temporary striping shall be placed upon removal of pavement markers and striping. The contractor is required to maintain temporary striping at all times.

The Contractor shall reference all thermoplastic pavement striping and markings and submit the reference information to the City prior to any removal.

Full compensation for Remove Traffic Stripes and Pavement Markings shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor. 16-02 REMOVE PAVEMENT MARKERS
Existing pavement markers (including fire hydrant markers) when no longer required for traffic lane delineation as directed by the Engineer shall be removed and disposed of by an approved method. Temporary striping shall be placed upon removal of pavement markers and striping. The contractor is required to maintain temporary striping at all times.

Full compensation for Remove Pavement Markers shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor. 16-03 TRAFFIC STRIPES AND PAVEMENT MARKINGS
Traffic stripes and pavement markings shall be thermoplastic and conform to the provisions in Section 84-2, "TRAFFIC STRIPES AND PAVEMENT MARKINGS," of the Standard Specifications and these Technical Specifications.

Contractor shall locate existing striping and legends prior to slurry seal and be able to replace these stripes and legends. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent application. All layout, spotting, and cat tracking required shall be performed by the Contractor and reviewed by the City Engineer prior to placement of pavement striping or markings. Traffic lines may be spotted by using a rope as a guide for marking spots every five (5) feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.

The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the thermoplastic. The Contractor shall install temporary traffic stripes and pavement markings 4 to 5 hours after applying slurry seal.

All equipment required to perform the work shall be approved in advance by the City Engineer.

Ghilotti Bros. Inc. Construction Contract Page 190 of 192 Cape Seal 2025 Project No. MP2025
Standard word markings, letters, numerals and symbols shall be used. In the absence of such information, all stencils and templates shall be identical with those used by the City. The Contractor shall obtain stencils for all required legends.

All permanent thermoplastic traffic stripes and pavement markings shall be installed no sooner than 7 working days after the final layer of slurry seal has been applied.

Newly applied traffic stripes shall be protected from damage by public traffic or other causes until the thermoplastic has thoroughly set up.

Attention is directed to the layout of existing limit lines and crosswalks. New striping shall match existing layout, unless otherwise noted in the plans and specifications. 16-04 PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 81-3, "PAVEMENT MARKERS," of the Standard Specifications and these Technical Specifications.

Pavement markers shall be type AY (non-reflective yellow markers), D (2-way yellow reflective markers) or B (2- way clear reflective markers) or non-reflective white markers and conform to the provisions in Section 81-3, "Pavement Markers," of the Standard Specifications, these Special Provisions, and the Standard Plans.

Two-way blue reflective markers will be placed at each fire hydrant location. Markers are to be located six inches off the centerline of the roadway at right angles to the fire hydrant.

Measurement and Payment
Full compensation for pavement markers, shown on the traffic stripe details, shall be considered as included in the prices paid per linear foot for that traffic stripe and no separate payment will be made therefore.

The unit price paid per “Blue Fire Hydrant Pavement Marker” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in placing blue hydrant markers, complete in place, including referencing original locations, as shown on the plans, as specified in the Standard Specifications, and these Technical Specifications, and as directed by the City Engineer. 16-05 THERMOPLASTIC TRAFFIC STRIPES
All traffic striping and parking striping, including, but limited to: limit lines, stripes of varying widths, centerlines, edge lines, arrows, symbols, crosswalks, legends, parking Ts, etc. shall be thermoplastic unless otherwise indicated on the plans or directed by the Engineer.

Thermoplastic traffic stripes and pavement markings shall conform to the provisions of Section 84-2, “Thermoplastic Traffic Stripes and Pavement Markings”, of the Standard Specifications and these Special Provisions.

The State Specifications No. for glass beads in Section 84-2.02, “Materials” of the Standard Specifications is amended to read “8010-21C-22 (Type l).

Thermoplastic material shall conform to the requirements of State Specifications No. 8010-21C-l9. Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 0.070 inch.

When only a portion of an existing limit line, stop bar, crosswalk, marking, or legend is obliterated by the slurry seal operation, the entire limit line, stop bar, crosswalk, marking or legend will be replaced with new thermoplastic. When only a portion of a centerline, lane line, edge line or delineation line is obliterated by the slurry seal operation, new

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striping shall be extended to a minimum of ten (10) feet on both sides of the obliterated portion.

The Contractor shall record the exact type, location and quantity of all existing striping and markings that will be effected by the slurry seal work and provide this information to the Engineer for approval a minimum of seven (7) calendar days prior to the beginning of slurry seal operations.

Measurement and Payment
Traffic stripes or triangular yield line will be measured and paid for by the linear foot along the line of the traffic stripes (without deductions for gaps except at intersections), shown in the standard plan details. Gaps in traffic stripes through intersections will not be measured or paid for. Pavement markers that are part of the corresponding details in the standard plans shall not be measured separately.

The various pavement striping identified by Caltrans Detail (including, but not limited to, 1, 2, 21, and 22) will have one single linear measurement from beginning to end regardless of gaps and whether the individual detail calls for a single, double, triple or quadruple stripe.

The various pavement legends (words) involved in the project shall not be measured separately but will be measured by the each word (regardless of the number of letters forming the word or the size of the lettering).

Crosswalks (either Standard, High Visibility, Continental or Ladder) will have a single linear measurement along the length (curb to curb) of the crosswalk (regardless for exterior or interior striping); one single linear measurement along the path of the crosswalk (regardless of exterior stripe) and no measurement for interior lines (typically 24”) of Continental or Ladder crosswalks.

The contract prices paid per linear foot (LF) for the various thermoplastic stripes “Thermoplastic Traffic Stripe - Detail 1”, “Thermoplastic Traffic Stripe - Detail 2”, “Thermoplastic Traffic Stripe - Detail 21”, “Thermoplastic Traffic Stripe - Detail 22”, “Thermoplastic Traffic Stripe - 6-inch Stripe (White or Yellow)”, “Thermoplastic Ladder Crosswalk (White or Yellow)”, “Thermoplastic Basic Crosswalk (White or Yellow)”, “Thermoplastic Limit Line” and “Curb Paint (Red)”, shall include full compensation for furnishing all labor, supervision, materials, tools, equipment, and incidentals and for doing all the work involved including, but not limited to, any necessary cat tracks; dribble lines and layout work; cleaning surfaces to receive stripes, markers and paint; thermoplastic; markers; paint and all other work as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.

The contract prices paid per square foot (SF) “Thermoplastic Pavement Marking (Arrows, Words, and Numerals; White or Yellow)” shall include full compensation for furnishing all labor, supervision, materials, tools, equipment, and incidentals and for doing all the work involved including, but not limited to, any necessary cat tracks; dribble lines and layout work; cleaning surfaces to receive stripes, markers and paint; thermoplastic; markers; paint and all other work as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation shall be allowed there

Ghilotti Bros. Inc. Construction Contract Page 192 of 192 Cape Seal 2025 Project No. MP2025

EXHIBIT G

LINKS FOR THIS CONTRACT
Item i: Standard Specifications of the State of California Department of Transportation dated 2023
Item ii: City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011
Item iii: Vallejo Flood and Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July2020

LOCATION MAP
2025 CAPE SEAL PROJECT NO. MP-0001
CITY OF VALLEJO PROJECT NO. PW9745

ACTION ITEM 9.C.

DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Ivette Iraheta, Economic Development Program Manager SUBJECT: ADOPT A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) 2025 WORK PLAN AND PROVIDING A NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET IN THE AMOUNT OF $7,967.00 FOR THE COMPLETION OF WORK PLAN ITEMS CONTAINED IN THE PREVIOUS EDC WORKPLAN (Step 1 of 2)

RECOMMENDATION
Adopt a Resolution of the City Council of the City of Vallejo approving the EDC 2025 Work Plan and Providing Notice of Intent to Amend the FY 2025/2026 Budget to Increase the EDC Budget by $7,967.00.

REASONS FOR RECOMMENDATION
The 2022 Economic Development Commission (EDC) Work Plan, approved by City Council during their January 25, 2022 regular meeting has been fulfilled. For the EDC to devise a new Work Plan with goals, initiatives and deliverables the EDC must reach consensus on the contents of the Work Plan, present it to the Vallejo City Council for adoption and align budget requests to specifically support the implementation of the approved Work Plan. The EDC is ready to implement a new set of initiatives and goals and to do that its 2025 Work Plan and budget must be adopted by City Council.

BACKGROUND AND DISCUSSION
In January 25, 2022, the Vallejo City Council approved a Work Plan for the then-named Economic Vitality Commission, now the Economic Development Commission (EDC). The EDC began implementation of that Work Plan shortly after City Council approval. In 2024 the EDC evaluated the efficacy of that Work Plan and determined that the goals and deliverables had been generally completed. As part of the City Council approved EDC 2022 work plan, the EDC was successful in the following projects and initiatives, among others:

• Received reports from City of Vallejo staff and local organizations through the two-year work plan implementation, including from the City of Vallejo Public Works, Information Technology, Economic Development Departments, and Solano Economic Development Corporation, Vallejo Chamber of Commerce, Economic Forensics & Analytics (Economic Development Strategic Plan consultant), and others.
• Conducted a business retention and attraction survey, which was used in the development of the Vallejo Economic Development Strategic Plan.
• Provided input through different phases of the development of the Vallejo Economic Development Strategic Plan, adopted by City Council in 2024.
• Conducted research on California “Main Street” programs to consider its feasibility for developing a Main Street program in Vallejo. Ultimately, the EDC played an key role in the formation of the City of Vallejo’s Main Street, now an active organization in the city. • Played a role in the development/enhancements of the City of Vallejo’s Economic Development Department’s website.
• Developed business highlights articles for the Vallejo Weekly featuring local businesses.

Date: July 22, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) 2025 WORK PLAN AND PROVIDING A NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET IN THE AMOUNT OF $7,967.00 FOR THE

COMPLETION OF WORK PLAN ITEMS CONTAINED IN THE PREVIOUS EDC WORKPLAN (Step 1 of 2)

• Made a recommendation to the City Council to update the Vallejo Municipal Code sections for the EDC to modify its duties and role, to update its name, and to be able to hold monthly meetings vs. bi- monthly, all of which the City Council accepted and adopted through an update to the Vallejo Municipal Code.
• Collaborated with staff during business retention and expansion visits, including visiting Tesla, Six Flags, Earthquake Protection Services, Meyer.

Given the success in the implementation of its 2022 work plan, the EDC determined that it was time to re- evaluate the mission, goals and initiatives of the EDC and to formulate a new Work Plan.

During the EDC October 9, 2024 regular meeting, the EDC agendized an item calling for the EDC to begin to research work plans from other cities and economic development commissions. The EDC took action by unanimously approving to agendize an item on the agenda as Step 1, to return during a future meeting to discuss the work plan research and its application to the City of Vallejo’s EDC.

During its January 8, 2025 regular meeting, the EDC deliberated on its current and proposed future work plan.

The item was introduced by Commissioner Garcia. During that meeting, the commissioners discussed items from the 2022 EDC Work Plan that should be considered for incorporation into the new Work Plan because they were effective, such as the business highlights and partnerships with organizations such as Vallejo Main Street. The EDC also discussed which new goals and initiatives should be prioritized under a new Work Plan.

EDC Chair Loufas proposed that the Work Plan discussion continue during the February EDC regular meeting and be agendized during the February EDC meeting under the Action section of the agenda (Step 1).

During the EDC February 12, 2025 regular meeting, the Work Plan item returned to the agenda as an Action item (Step 1). The item was again introduced by Commissioner Garcia for deliberation. A draft EDC work plan was presented. Five key focus areas that a new Work Plan should be focused on were proposed on the drafted proposal and accepted, which included:

1. Strategy and Advisement

2. Business Recruitment (New Business)

3. Business Retention (Existing Businesses)

4. Public Safety and Economic Viability and

5. Civic Innovation & Technology.

It is important to note that the focus areas proposed are directly linked to areas in the recently adopted City of Vallejo Economic Development Strategic Plan (2024) and ways in which EDC could support the implementation of the strategic plan. The drafted EDC 2025 Work Plan (Attachment B) also included a proposed budget of $20,000 to be requested from the City Council for approval. According to the draft proposed EDC 2025 Work Plan, this funding is necessary to successfully implement the Work Plan based on the proposed timelines and would be allocated as follows, which is detailed in the 2025 Work Plan:

EDC Budget Request FY 2025-26
Item Priority Area Amount

Date: July 22, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) 2025 WORK PLAN AND PROVIDING A NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET IN THE AMOUNT OF $7,967.00 FOR THE

COMPLETION OF WORK PLAN ITEMS CONTAINED IN THE PREVIOUS EDC WORKPLAN (Step 1 of 2)

Safety and Beautification
Pilot
Strategy $7,500
Professional
Photography (Business
Community)
Business
Recruitment/Retention
$5,000
Business Roundtables &
Recruitment Events
Business Retention $3,500
Digital & Print Business
Promotion
AI and Innovation for
City
$2,000
Community Engagement
& Sentiment Analysis
Public Safety and
Economic Viability
$2,000
Total $20,000

The EDC was not able to finalize discussion on this matter or take action to approve the EDC 2025 Work Plan because the meeting was adjourned before action could be taken.

During the March 12, 2025 EDC regular meeting, the item was again on the agenda as an Action item. Due to a technicality with how the item was titled, direct action for adoption could not be taken. The city attorney suggested that the item title be modified and added to the April EDC regular meeting agenda for Action with a resolution to adopt the EDC 2025 Work Plan and its related budgets, as Step 2.

During the April 9, 2025 regular meeting, the EDC further deliberated on the proposed EDC 2025 Work Plan and took action to adopt a resolution (Attachment C) to recommend approval of the EDC 2025 Work Plan by the City Council during an upcoming meeting. The EDC 25-01 resolution recommends approval by the Vallejo City Council of the EDC 2025 Work Plan and the related budget request of $20,000 for the 2025 Work Plan and also a request to extend the use of the previously FY2024-25 City Council-approved unexpended funds into the FY2025-26 budgets to complete the remaining items under the previous workplan. As per city policy, FY 24-25 funds can be encumbered when there is a PO and contract existing. As of the date of the writing of this staff report, the unexpended balance of FY2024-25 is $7,967 and represents the following carry over items from the previous workplan.

Line Item EDC Workplan Priority Area Balance
Social Media Ads – Bis. Spotlight Program Business Safety and Education $ 250 GROW Vallejo: Pole Banners + Signage Business Attraction/Retention $1,500 Professional Development & Training Business Safety and Education $1,967 Supplies (Bis. Cards, Postcards, Publications Business Attraction/Retention $3,000

Date: July 22, 2025
Subject: ADOPT A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) 2025 WORK PLAN AND PROVIDING A NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET IN THE AMOUNT OF $7,967.00 FOR THE

COMPLETION OF WORK PLAN ITEMS CONTAINED IN THE PREVIOUS EDC WORKPLAN (Step 1 of 2)

Marketing Collateral Business Safety and Education $1,250

Given that this item was continued, since first being on the June 3, 2025 City Council agenda, the elapsed time caused the EDC's FY2024-25 budgeted funds to expire. The request to reallocate the FY2024-25 un- expended funds into the FY2025-26 budget therefore must take the form of a 2- step budget amendment process. Therefore, staff is requesting that the Council provide a notice of intent to amend the FY 2025/2026 Budget in the amount of $7,967 to be added to the EDC Budget.

The goal of the EDC is to have the EDC 2025 Work Plan approved by City Council with the requested additional budget allocation to complete the remaining items from the previous workplan.

FISCAL IMPACT
The $20,000 request has been budgeted as part of the FY 2025-2026 adopted budget. The additional ask of $7,967 to re-allocate moneys from FY 2025/2026 is being requested to proceed to a notice of intent (Step 1 od 2).

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

ATTACHMENTS

1. Resolution EDC 2025 Work Plan CAO Stamp

2. EDC Reso 25-01 Requesting approval of EDC 2025 Work Plan and Budget

3. EDC Work Plan 2025

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]

RESOLUTION NO.

A RESOLUTION OF THE VALLEJO CITY COUNCIL APPROVING THE ECONOMIC DEVELOPMENT COMMISSION 2025 WORK PLAN AND PROVIDING NOTICE OF INTENT TO AMEND THE FY 2025-2026 BUDGET IN THE AMOUMT OF $7,967.00 (Step 1 of 2) WHEREAS, Chapter 2.36 of the Municipal City Code (“MCC”) establishes that the Economic Development Commission (“the Commission”) shall advise the City Council on issues that can enhance job growth and increased private investment in Vallejo, review and assist with updates and the implementation of the economic development element of the general plan, and to assist with business retention and attraction activities; and WHEREAS, during the Commission’s October 9, 2024 regular meeting the Commission discussed the 2023 City Council approved Work Plan and determined that the goals and deliverables had been largely completed with a few outstanding items. The Commission began to research workplans from other cities and economic development commissions to consider as it worked to develop a new Work Plan; and
WHEREAS, the Commission January 8, 2025 regular meeting the Commission deliberated on its current and proposed future Work Plan, discussed items from their previous Work Plan that should be considered for incorporation into the new workplan because they were effective and new goals and initiatives that should be added; and WHEREAS, the Commission proposes that the key focus areas be aligned to tasks and deliverables under the recently approved by the City Council Economic Development Strategic Plan where the Commission is mentioned as a stakeholder and/or prospective partner to support the implementation of goals, deliverables and initiatives; and WHEREAS, during the Commission’s February 12, 2025 regular meeting, a draft Work Plan was presented including five key focus areas for the Commission to prioritize in a future Work Plan, including: 1. Strategy and Advisement, 2. Business Recruitment (New Business), 3.

Business Retention (Existing Businesses), 4. Public Safety and Economic Viability and 5. Civic Innovation & Technology; and
WHEREAS, the Commission agreed to the contents of the EDC 2025 Work Plan and related budget and to present it to the City Council for consideration of approval, and to request a reallocation of the EDC FY2024-25 unexpended budget to complete deliverables already underway and adopted a resolution with these specifics during their April 9, 2025 meeting; and WHEREAS, the request to have this resolution adopted was initially agendized on the June 3, 2025 City Council meeting, but since the item was continued until the second July meeting, the elapsed time resulted in the EDC FY2024-25 budget expiring on June 30, 2025.

Thus, the request to reallocate unexpended FY2024-25 funds was presented as a request to amend the FY 2025/2026 Budget to add $7967 to the EDC Budget. .

NOW THEREFORE, BE IT RESOLVED:

1. The City Council approves the EDC 2025 Work Plan; and

2. The City Council hereby provides notice of intent to amend the FY 2025/2026 Budget ti add $7,967.00 to the EDC budget.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on Tuesday, July 22, 2025, by the following vote:

2025
Work plan

VALLEJO ECONOMICDEVELOPMENT COMMISSION

Introduction
02 01
Business Recruitment
08 Commission Purpose and
Authority
03 Business Retention
09 Strategic Alignment
04 Public Safety and Economic
Viability
11 Strategy and Advisement
05 C O N T E N T S
Civic Innovation + Technology
12 Budget FY 25-26
13 Timeline + Plan
16 Appendix
23 Acknowledgments
26

Commission Focus Areas

1.Strategy – Develop and refine economic
strategies to drive growth.

2.Business Recruitment – Attract new
businesses, industries, and investments.

3.Business Retention – Support, stabilize, and
expand existing businesses.

4.Public Safety & Economic Viability –
Address business-related safety concerns.

5. Civic Innovation and Technology – Explore
how emerging technologies can support
economic development.
02 IN T R O D U C T IO N
The Economic Development Commission
(EDC) serves as a key body supporting
Vallejo’s economic growth by strategizing,
recruiting, and retaining businesses.

This work plan begins in 2025 and will
continue until amended or completed.

This plan builds on the City’s Economic
Development Strategic Plan, aligning with
Council priorities, regional economic efforts,
and community needs in a period of growth
and increased regional attention.

Vallejo’s Awards and Recognition
Ranked 6th Best City to Live in California
(Forbes, 2023)
Top 150 Best Places to Live in the U.S. (U.S.

News, 2024)
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

The three purposes of the Economic Development
Commission (EDC) are outlined as follows in the
Vallejo Municipal Code – Chapter 2.36:

01. Advise Council on issues that can enhance job
growth and increase private investment in the City;

02. Review and assist with updates and the
implementation of the economic development
element of the general plan and

03. Assist with business retention and attraction activities. 03 COMMISSION PURPOSE &AUTHORITY
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

This work plan supports the implementation of
the Economic Development Strategic Plan,
focusing on foundational development and active
engagement in business support initiatives.

STRATEGIC ALIGNMENT
04 This work plan supports the aims of multiple strategic documents that fuel the activities of the commission.

Vallejo General Plan 2040 Long-term vision for city growth; includes Economic Development goals.
2024 Economic Development Strategic Plan Sets short- and medium-term priorities for job growth, business attraction, and community revitalization.

EDC Meeting Agendas & Minutes track past discussions, actions, and upcoming agenda items.

Vallejo has to
embrace the
process of staying
gritty, resilient, and
regionally unique
in positive ways.
"

ECONOMIC DEVELOPMENT
STRATEGIC PLAN, PG. 5
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

A. Economic Strategy & Policy Recommendations
Who (potential partners): Assigned Commissioners,
Economic Development Staff
When: Quarterly updates to commission and
advisement
Why: To ensure Vallejo remains competitive and
leverages opportunities effectively through research
and expertise grounded in data.

Success Metrics: Recommend the adoption of at least
two new policies that improve Vallejo’s business
climate.

1. STRATEGY & ADVISEMENT
05 Key Tasks:

Develop a Belonging Map, identifying areas that
foster economic vibrancy and build community
connection.

Conduct ongoing briefings of business districts
using data insights and reports.

Scope a world-class art event and demonstration
with key economic development partners.

Create a role to oversee the commission’s budget
and track the City’s strategic economic
investments.

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

B. Visit Vallejo Engagement
Who (potential partners): Economic Development
Commission, Visit Vallejo, City Economic Development
Staff
When: Quarterly presentations
Why: To maximize Vallejo’s tourism impact and ensure
economic benefits.

Success Metrics: Increased tourism, local investment,
visitor engagement, and business foot traffic.
06 Key Tasks:

Identify opportunities for business and cultural
activations in collaboration with Visit Vallejo.

Develop a visitor-friendly business directory and
event strategy.

Provide recommendation(s) and input on
reporting, city funds, and allocations, as needed.

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

C. Learning and development
Who (potential partners): Economic Development
Commission, Visit Vallejo, City Economic Development
Staff
When: Annually
Why: Build the bench of economic development
expertise in the City and on the Commission.
07 Key Tasks:

Identify trainers to support this work plan.

Determine invitees and key stakeholders that
could also benefit (i.e. Chamber, City staff, etc).

Execute training
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

A. Business Attraction Campaign
Who (potential partners): Business Recruitment
Committee, Solano EDC, City Economic Development
Staff
When: Ongoing
Why: To attract targeted industries and create
sustainable economic growth.

Success Metrics: Three new businesses in each focus
neighborhood are recruited annually through outreach.

2. BUSINESS RECRUITMENT(NEW BUSINESS)
08 Key Tasks:

Identify key business sectors and high-value
locations (Mare Island, Downtown, Sonoma
Corridor).

Develop marketing collateral and recruitment
materials for prospective businesses and investors.

Attend, assist, and/or support quarterly
networking events with industry professionals (i.e.
real estate, other industries).

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

A. Business Support & Expansion
Who (potential partners): Business Retention
Subcommittee, Chamber of Commerce, Local Business
Owners
When: Regular engagement meetings
Why: To stabilize and support existing businesses with
resources and advocacy.

Success Metrics: Retention of 90% of engaged
businesses through direct support initiatives.

3. BUSINESS RETENTION(EXISTING BUSINESSES)
09 Key Tasks:

Conduct business site visits and retention
interviews.

Connect businesses with relevant grant and/or
loan opportunities and business incentives.

Collaborate with law enforcement on safety
enhancements impacting businesses.

Launch shop-local campaigns and highlight
success stories.

Create a calendar of visits.

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

B. Small Business Resources & Support
Who (potential partners): Economic Development Staff,
Solano EDC, Business Owners
When: Ongoing
Why: To ensure businesses thrive in an environment
with proper support and access to capital.

Success Metrics: Improved access to revolving loan
funds and capital investment opportunities, contingent
upon availability or as approved by City Council.
10 Key Tasks:

Receive tracking and reports on the usage of the
Revolving Loan Fund.

Survey, listen, and receive input from small
businesses to help their success.

Develop a recommended framework for vacant
space activation and commercial revitalization.

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

A. Business & Public Safety Enhancements
Who (potential partners): Business Safety Committee,
Law Enforcement, City Officials
When: Ongoing
Why: To address safety concerns impacting businesses
and improve Vallejo’s economic environment.

Success Metrics: Reduction in reported business-
related crimes and increased business engagement.

4. PUBLIC SAFETY &ECONOMIC VIABILITY
11 Key Tasks:

Conduct business safety forums.

Establish direct communication channels between
business owners and law enforcement.

Advocate for safety measures in business districts,
including enhanced street lighting and security.

Track the impact of crime on business closures
and insurance challenges.

VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

A. Economic Development, Emerging Technology, and
Opportunities for Innovation

5. CIVIC INNOVATION &TECHNOLOGY
12 Key Tasks:

Research and understand National investments
related to data, AI, and technology.

Understand general use and challenges to internet
and technology for small and mid-size businesses
Understand AI-driven sentiment analysis to
understand business and resident needs and
concerns.

Explore ways and recommendations for the City of
Vallejo to best leverage technology and improve
city processes to better serve Vallejo businesses
When: Ongoing
Why: Leverage AI and emerging technologies for city
development, business recruitment, and enhanced
public services.

Success Metrics:

Offer clear recommendations and advisement to the city
council on the opportunities for investment in civic
innovation and technology.

Who (potential partners): Innovation & Data Committee,
City Technology Staff, Economic Development Staff
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

This proposed $20,000 budget directly supports Cycle 1 of Vallejo’sEconomic Development Strategic Plan (2025–2027), which focuses onfoundational visibility, community engagement, and businessgrowth.

This budget turns strategy into action—building visibility, trust, andtraction where it matters most.

Item Amount
Safety and beautification pilot $7,500
Professional Photography
(Business & Community)
Business Roundtables &
Recruitment Events
$5,000
$3,500
13 BUDGET FY 25-26
New Budget Request
Design & Communications
(Marketing)
Community Engagement &
Sentiment Analysis
$2,000
$2,000
TOTAL: $20,000
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Due to procedural delays—including adjustments to meeting agendas, onboarding of new commissioners, and the time required to establish spending protocols—the commission was not able to deploy funds within the fiscal year. This is not due to lack of interest or effort, but rather the time required to align with city processes and clarify expenditure procedures.

The EDC requests that unexpended funds from FY2024-25 be reallocated into FY2025-26
Item Approved
Amount
Honoraria $0.00 $0.00
Social Media Ads
GROW Vallejo: Pole
Banners & Signage
$250.00 $250.00
$1500.00 $1500.00
1 4
BUDGET FY 24-25
Professional Development +
Training
Supplies (Bus. cards,
postcards, publications,
marketing collateral)
$4392.00 $1967.00
$3000.00 $3000.00
TOTAL: $7,967
(unexpended amount as of May 14, 2025)
V A L L E J O E C O N O M I C D E V E L O P M E N T C O M M I S S I O N | 2 0 2 5 W O R K P L A N Request for budget reallocation of previously
allocated funds
Balance

Safety and beautification pilot ($7,500): Advances placemaking and improves safety and vibrancy in key corridors, core to the plan’s call for activating commercial areas and shifting business perception. As an example, we could implement a program to create an ‘adopt-a-string’ program to expand downtown lighting beyond planned geographic areas.

Professional Photography ($5,000): Supports the plan’s emphasis on enhanced communications and building a compelling visual narrative for Vallejo.

Business Roundtables & Recruitment Events ($3,500): Drives business attraction and local relationship-building, echoing the Strategic Plan’s focus on site selector engagement and
stakeholder connection.

Marketing & Communications Design ($2,000): Aligns with the plan’s communication strategy by creating materials that highlight Vallejo’s assets and initiatives.

Community Engagement & Sentiment Analysis ($2,000):

Supports data-informed decision-making and ongoing
community voice integration, consistent with the plan’s outreach and measurement framework.
15 FY25-26 Budget Justification
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 1
Priority Area Key Tasks Responsible
Party
Potential
Partner
Business
Retention
Conduct business
engagement sessions
Adjust workplan
TBD Relevant
Partners
Business
Retention
Facilitate connections
to funding sources
Develop
recommendations to
the City Council
Adjust work plan
TBD Relevant
Partners
Civic
Innovation &
Technology
Research and
understand national
investments related
to data, AI, and
technology;
Explore AI-driven
sentiment analysis for
business and resident
concerns.

Develop
recommendations to
the City Council
Adjust workplan
TBD
City
Technology
Team,
Economic
Development
Staff
Q4'25 PROJECTED ACTIONS
TIMELINE 2025
until amended or completed
16VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 2
Priority Area Key Tasks Responsible
Party Partners
Business
Retention
Develop a business
incentives outreach
strategy
Develop recommendations
to the City Council
Adjust workplan
TBD Relevant
Partners
Public Safety
& Economic
Viability
Conduct citywide business
safety assessment;
Establish communication
channels between business
owners and law
enforcement;
Track impact of crime on
business closures.

Receive report from Visit
Vallejo
Develop recommendations
to the City Council
Adjust workplan
TBD
Law
Enforcement,
Local
Businesses,
Economic
Development
Staff
Public Safety
& Economic
Viability
Recommend and
implement safety
measures
Develop recommendations
to the City Council
Adjust work plan
TBD Relevant
Partners
Q1 26 PROJECTED ACTIONS
17 TIMELINE 2025
until amended or completed
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 3
Priority Area Key Tasks Responsible
Party Partners
Business
Recruitment
Execute targeted
recruitment campaign;
Develop marketing collateral
and recruitment materials;
Attend, assist and/or support
networking events with
industry professionals.

Adjust work plan.

Receive report from Visit
Vallejo
Develop recommendations
to the City Council
TBD
Solano EDC,
Regional
Partners,
Economic
Development
Staff
Strategy &
Advisement
Develop promotional
campaigns and strategy
Adjust workplan
TBD Relevant
Partners
Strategy &
Advisement
Evaluate Visit Vallejo's
marketing impact;
Formalize reporting
expectations between Visit
Vallejo and the Commission;
Identify opportunities for
business and cultural
activations.

Develop recommendations
to the City Council,
Adjust workplan
TBD
Visit Vallejo,
Solano EDC,
Economic
Development
Staff
Q2 26 PROJECTED ACTIONS
18 TIMELINE 2025
until amended or completed
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 4
Priority Area Key Tasks Responsible
Party Partners
Strategy &
Advisement
Analyze economic trends
Develop
recommendations to the
City Council
Adjust work plan
TBD Relevant
Partners
Strategy &
Advisement
Host initial learning
sessions
Develop
recommendations to the
City Council
Adjust work plan
TBD Relevant
Partners
Business
Retention
Monitor growth impact
Develop
recommendations to the
City Council
Adjust work plan
TBD Relevant
Partners
Q3 26 PROJECTED ACTIONS
19 TIMELINE 2025
until amended or completed
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 5
Priority Area Key Tasks Responsible
Party Partners
Business
Recruitment
Develop a targeted
recruitment list
Develop
recommendations to the
City Council
Adjust work plan
TBD Relevant
Partners
Business
Retention
Facilitate connections to
funding sourcesDevelop
recommendations to the
City Council
Adjust work plan
TBD Relevant
Partners
Strategy &
Advisement
Develop a belonging map
to identify areas fostering
economic vibrancy;
Conduct briefings on
business districts using
data insights.

Develop
recommendations to the
City Council
Adjust work plan
TBD
Economic
Development
Staff, City
Council, Local
Businesses
Q4 26 PROJECTED ACTIONS
20 TIMELINE 2025
until amended or completed
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 6
Priority Area Key Tasks Responsible
Party Partners
Business
Recruitment
Develop targeted
recruitment listDevelop
recommendations to the
City Council
TBD Relevant
Partners
Strategy &
Advisement
Identify trainers to
support economic
strategy;
Execute training
program;
Determine invitees and
key stakeholders.

Develop
recommendations to the
City Council
Adjust workplan
TBD
Economic
Development
Staff, Training
Partners
Business
Retention
Assess impact and iterate
support measures
Develop
recommendations to the
City Council
TBD Relevant
Partners
Q1 27 PROJECTED ACTIONS
21 TIMELINE 2025
until amended or completed
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN

Priority 7
Priority Area Key Tasks Responsible
Party Partners
Business
Retention
Support existing
businesses with resources
and advocacy;
Launch shop-local
campaigns and highlight
success stories.

Develop
recommendations to the
City Council
Adjust workplan
TBD
Chamber of
Commerce,
Local Business
Owners,
Economic
Development
Staff
Strategy &
Advisement
Host initial learning
sessions
Develop
recommendations to the
City Council
Adjust workplan
TBD Relevant
Partners
Public Safety &
Economic
Viability
Enhance public safety in
business districts,
including improved
lighting and security
measures.

Develop
recommendations to the
City Council
Adjust workplan
TBD
Law
Enforcement,
Local
Businesses,
Economic
Development
Staff
Q2 27 PROJECTED ACTIONS
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN 22 TIMELINE 2025
until amended or completed

APPENDIX
23VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN Appendix 1: Anchor Store Closure Research

1.The Safeway closure is causing significant disruption. Long-term employees are uncertain about relocation to stores outside Vallejo, with no clear timeline or location provided.

2.Residents are concerned about losing a convenient grocery shopping option, especially those without easy transportation alternatives.

3.The closure of Safeway and two Walgreens stores has created a medication access problem. Some Safeway employees who get their prescriptions through the store's pharmacy are unsure where to transfer their medications.

4.Nearby businesses, like a local cheesesteak shop, are worried about losing foot traffic that Safeway brought to the area.

5.There's a general lack of communication from the city. Neither businesses nor residents reported hearing about closures or potential solutions from city officials.

6.The real reason for Safeway's closure is a lease dispute rather than theft issues. Safeway wanted to add gas stations, which the property owner opposed.

7.Other businesses are concerned about potential impacts but haven't yet contacted property owners or the city about their plans.

8.Small vendors in the area are facing challenges related to safety and licensing, highlighting broader issues affecting local businesses.

9.Increased theft reported at Benicia CVS, concerns of locking up items.

APPENDIX
24VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN Appendix 2: Next-Door Response to Anchor Business Closure Key Themes & Sentiments:

Summarizes Commissioner Garcia’s reading of several hundred comments on NextDoor. This is not intended to be a reflection of the entire Vallejo community, but does offer some insight into community conversations around this issue.

1. Crime and Safety Concerns (Most Common Theme)
Many comments blame crime and safety issues for the Safeway closure.

Some believe the problem is due to out-of-town perpetrators, while others feel Vallejo’s leadership has not done enough to address crime.

Example comment: "It’s really unfortunate to see any store closing, especially due to safety concerns. I hope Vallejo can address these issues soon."

2. Economic Impact & Business Competition
Some commenters speculate that the closure is due to economic reasons rather than crime, pointing to Costco’s new location as a major factor.

Concerns about job losses and fewer affordable grocery options in the area.

Example comment: "They are closing because now they’ll be losing money cuz of Costco!"

3. Community Impact & Food Accessibility
Many residents worry that the closure will create a "food desert," making it harder for lower-income or carless residents to access groceries.

Some mention past grocery store closures and express
frustration that corporate chains seem to abandon Vallejo.

Example comment: "The sad part is for those who can’t afford a Costco membership. That area begins to look like a food desert."

APPENDIX
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN Frustration with City Leadership
Some residents express frustration that city leaders have not taken action to prevent store closures or crime-related issues.

Others believe the city favors corporate interests over community needs.

Example comment: "Vallejo needs to get it together—every time a store closes, it’s the same story, and nothing changes." Alternative Solutions & Adjustments
Some commenters discuss switching to Costco or other grocery stores in nearby areas like Benicia or American Canyon.

Others suggest that another grocery chain may take over the location, but remain skeptical.

Example comment: "Why not go to Costco? The gas alone pays for the membership!"
General Takeaways:

The closure has sparked a debate over whether crime or economic competition is the main cause.

There is strong concern about access to groceries, especially for those who cannot afford Costco.

Some residents are frustrated with Vallejo’s leadership, feeling that the city is not doing enough to support local businesses or prevent crime.

Others have resigned to the closure and are seeking alternative shopping options.
25

Members of the Commission
Thomas Barbeiro
Mai-Ling Garcia*
Calvin Harrell
Roberto Hernandez
Nicole Loufas, Chair
Dwight Monroe, Vice Chair
Council Liaison
Councilmember Alex Matias
Staff
Gillian Haen
Ivette Iraheta
Veronica Nebb
*principal work plan designer

ACKNOWLEDGMENTS
Produced by the Vallejo Economic
Development Commission in
collaboration with partners.

CONTACT US
MEETING INFORMATION:

When: 2nd Wednesday of
each month
Time: 6:00 p.m.

Where: City Council
Chambers, City Hall
City of Vallejo
VALLEJO ECONOMIC DEVELOPMENT COMMISSION | 2025 WORK PLAN With appreciation to
Councilmember Tonia Lediju, Marisa
Raya, Chris Rico, and Keira Williams
whose insights helped inform the
development of this plan.

ACTION ITEM 9.D.

DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: CONSIDER MAKING A FINDING TO CONTINUE THE STATE OF LOCAL EMERGENCY

RELATING TO PUBLIC SAFETY STAFFING

RECOMMENDATION
Consider making a finding reaffirming that the conditions exist to continue the proclamation of a local emergency.

REASONS FOR RECOMMENDATION
State law requires that the Proclamation of Local Emergency be reaffirmed every 60 days. The 60th day since the last confirmation of the proclamation is August 23, 2025. City Council must reaffirm the proclamation for it to continue.

BACKGROUND AND DISCUSSION
On July 25, 2023, the City Council unanimously voted to approve a Proclamation of Local Emergency due to the critically low staffing levels at the City of Vallejo Police Department. Below is information on the current situation with Police Department staffing and whether the conditions that gave rise to the Proclamation of Local Emergency continue to exist.

When the City of Vallejo adopted a Proclamation of Local Emergency in July 2023, the Police Department staffing continued to decline. As of Aug 2023, the department had 76 sworn staff positions filled, with nine officers on disability, four officers out on injury, and one officer on FMLA, totaling 62 full-duty sworn officers. 32 full-duty officers and 5 full-duty sergeants were working patrol. This staffing level was determined to constitute a state of emergency. At that time, the Police Department collapsed some divisions, including the Traffic Division and the Detective Division, to assign more staff to patrol.

Current Staffing Levels
Total Sworn Staffing: 82
Total Disability/Injured: 3
Number of Officers Working Patrol: 45
Field Training Program: 5

Strategies Underway to Increase Staffing
In addition to its regular attraction and retention efforts, the Police Department is working to implement new strategies to further attract and retain officers. The Police Department has entered an agreement with Allstar recruiting to increase the department's visibility towards applicants. The Police Department has also proposed a recruitment, retention, and referral program, which the City Council approved Step 1 of 2 on July 8th.

Steps Taken to Supplement Staffing

Date: July 22, 2025
Subject: CONSIDER MAKING A FINDING TO CONTINUE THE STATE OF LOCAL

EMERGENCY RELATING TO PUBLIC SAFETY STAFFING

In January of 2024, the Vallejo Police Department began coordinated discussions with the Solano County Sheriff’s Office relating to several different staffing models under a contract service agreement. At that time SB1379 was being introduced by State Senator Dodd’s office to create an exemption for the retired annuitant program to assist the COV with its public safety crisis. In Sept of 2024, SB 1379 was approved by Governor Newsom. In December of 2024, the Sheriff provided the COV with a staffing projection proposal for contract services. Since then, the city council and the county board of supervisors has provided direction for the city and the county to further negotiations for contract services. All labor unions affected have been contacted to commence meet and confer obligations. This topic will be decided by the County Board of Supervisors July 22nd.

Since, July 2024, CHP has been providing additional traffic enforcement when their traffic officers have free patrol time. CHP officers have been conducting this additional presence and enforcement on Vallejo city roadways. Starting in February, the Governor has authorized CHP to provide the department with additional assistance to conduct multiple traffic enforcement campaigns addressing sideshow activity and reckless driving. These added campaigns continue to deter and disrupt reckless driving and hold the offenders accountable.

The City Manager has concluded a Request for Proposal (RFP) for uniformed unarmed security guards.

The city’s existing security company (AX9) was selected. The City Manager's office, the City Attorney's office, Public Works, and the police department have since finalized the security guard deployment strategies. The contract is has been reviewed and approved by the security company, Public Works, and the City Attorney's Office. HR is currently in Meet and Confer with the labor union regarding the contract.

Emergency Conditions Remain
As stated above, on July 23, 2023, the City Council adopted a proclamation declaring a state of local emergency pursuant to Government Code Section 8550 et. seq. Pursuant to California Government Code Section 8630(c) the City Council is required to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. Council last reaffirmed the emergency at its June 24, 2025, meeting.

City staff believe that Police Department staffing remains in an emergency staffing condition as of July 2025. As such, staff believe that a state of emergency still exists and recommends that the City Council vote to reaffirm the existence of the state of local emergency.

FISCAL IMPACT
There is no immediate financial impact associated with this item. Any potential impact will be brought back to City Council with related costs.

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
None

CONTACT

Date: July 22, 2025
Subject: CONSIDER MAKING A FINDING TO CONTINUE THE STATE OF LOCAL

EMERGENCY RELATING TO PUBLIC SAFETY STAFFING

Jason Ta, Chief of Police (707) 648-4540
[email protected]

ACTION ITEM 9.E.

DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00, FINDING THAT SUCH

PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12; AND (B) CONSTITUTES AN

EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION

2.27.030 E.

RECOMMENDATION

Adopt (1) A Resolution to Amend Fiscal Year 2025-2026 Budget To Appropriate $1,150,000 For Public Safety Measures to Reduce Violence (Step 2 of 2); and (2) A Resolution Approving An Agreement With Live View Technologies, Inc. to Lease or Purchase Mobile Security Camera Systems in an amount Not To Exceed $500,000.00, Finding That Such Purchase or Lease is (A) in the Best Interest of the City Pursuant to Vallejo Municipal Code Section 3.20.090 A. 12; and (B) Constitutes an Emergency Exemption Pursuant Vallejo Municipal Code Section 2.27.030 E.

REASONS FOR RECOMMENDATION
Per City Charter Section 703, budget amendments require a two-step process. Step 1 involved providing at least one week’s notice of intent to amend the budget, which was completed at the July 8, 2025, City Council meeting. Step 2 requires the adoption of the resolution to amend the budget and appropriate the funds.

BACKGROUND AND DISCUSSION
At its special meeting held on July 1, the City Council directed staff to return with Step 1 budget amendments for the following items as part of short-term strategies to mitigate community violence. On July, 8, 2025, the City Council approved Step 1 of the budget amendment as part of the short-term strategies to mitigate community violence, providing notice of intent to amend the fiscal year 2025-2026 budget to appropriate $1,150,000 for public safety measures to reduce violence. Below are the City Council’s recommendations:

Funding for up to $500,000 of security tower cameras subject to budgetary capacity.

Security tower cameras are elevated surveillance units designed to enhance public safety by providing high- visibility monitoring in areas of concern. Typically mounted on a telescoping pole and trailer-mounted for mobility, these systems are strategically deployed in high-crime hotspots or other priority locations to serve as both a visual deterrent and an investigative resource for law enforcement.

Equipped with high-definition cameras, motion sensors, loudspeakers, and remote 24-hour monitoring

Date: July 22, 2025
Subject: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00,

FINDING THAT SUCH PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12;

AND (B) CONSTITUTES AN EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION 2.27.030 E.

capabilities (available for an additional fee), security tower cameras have been widely used in the region with success. The presence of these highly visible units can deter criminal activity by increasing the perceived risk of detection. In addition to prevention, the recorded video footage can be an invaluable tool in assisting law enforcement with follow-up criminal investigations, helping to identify offenders, gather evidence, and support successful prosecutions.

Given recent discussions around enhancing public safety, the potential integration of a Security Tower Camera Program into the City of Vallejo's short-term public safety strategy is being presented for City Council consideration. City staff seeks direction from the City Council regarding purchase or lease options to implement this program effectively.

Security tower cameras can be leased for an annual subscription cost of approximately: $25,000-$33,000 + $5-7,000 for 24-hour monitoring (Total Price = $30,000 to $40,000 per year per unit). (Staff estimates this could provide the City with 10 towers for one year, or 5 towers for two years to lease)

Benefits: Hardware/software upgrades, replacement of damaged/vandalized equipment, cell data plan, unlimited user, Cloud service and storage are included in subscription • Drawbacks: Ongoing cost per year

Security tower cameras can be purchased outright for an approximately price of: $35,000-$40,000 + $5-7,000 for 24-hour monitoring + $14,000 per year for the video management system and software updates (Total Price = $49,000 to $61,000 per year per unit).
• Benefits: You own the equipment
• Drawbacks: City must incur costs of all replacement/repair of equipment, ongoing storage locations(s) issues, ineffective while awaiting repair. Still have an ongoing cost for 24-hour monitoring and the video management system with software updates. Additionally, it is important to note that technology of this nature can become outdated rapidly as advancements in surveillance, software integration, and remote monitoring capabilities continue to evolve. As a result, equipment purchased today may become technologically obsolete within a few years, creating the risk that a significant upfront investment could turn into a liability for the department rather than a long-term asset.

The draft Agreement being proposed in the attachment is for a lease of the equipment. In the event that Council wishes to purchase rather than lease the equipment, staff will need to amend the draft agreement with the Contractor. Further, the draft agreement contains some provisions that are not directly in keeping with standard City practices. Therefore, staff is requesting that approval of the Agreement is subject to modification of terms (which do not affect the maximum approved budget) approved by the City Manager and City Attorney.

Due to the urgency of security related issues in the City and ongoing violence, staff did not put the purchase

Date: July 22, 2025
Subject: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00,

FINDING THAT SUCH PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12;

AND (B) CONSTITUTES AN EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION 2.27.030 E.

and installation contract relating to security cameras out to bid. Putting the Agreement out to bid would result in a substantial delay in implementing the security camera program. In order to address this urgent matter and take this important step in an attempt to reduce violence, staff is recommencing that in accordance with Vallejo Municipal Code Section 3.20.090 A. 12 the Council determine that it is in the best interest of the City to proceed with the Agreement without going to formal bid. Further, given the emergency situation the City is now facing, staff is recommending that the City proceed with the Agreement in accordance with Vallejo Municipal Code Section

2.27.030 E, in advance of receiving a recommendation on the use of the mobile camera towers by the Surveillance Advisory Board. Staff will proceed to comply with the applicable requirements of Section 12.27.030 E after Council action.

Funding for up to $50,000 for Summer Block Party Program

A Block Party Program is a proven community engagement strategy that enhances public safety by strengthening neighborhood relationships and building trust between residents, City leadership, and the police department. When neighbors know one another and feel invested in their community, they are more likely to collaborate, share information, and partner with law enforcement. These factors have been shown to reduce opportunities for violent crime and increase the reporting of suspicious activity.

Community-led events such as block parties foster these connections by creating opportunities for residents to engage in positive, informal interactions in a familiar setting. This builds a greater sense of ownership, belonging, and collective responsibility for the well-being of the neighborhood. National studies and practices in other cities have demonstrated that neighborhoods with strong community ties tend to experience lower levels of violent crime and improved cooperation with public safety initiatives.

To support this effort, a budget amendment of up to $50,000 is recommended to launch a summer Block Party Program in the City of Vallejo. This funding would be used to streamline the permitting process, provide extra- help staff to review and implement requests efficiently, and offer financial support for event necessities such as food, equipment, and materials.

By investing in this initiative, the City can empower residents to take an active role in creating safer, more connected neighborhoods while complementing traditional law enforcement strategies.

A process for requesting Block Party Program assistance will be established to ensure transparency, fairness, and accessibility to all neighborhoods.

Funding for up to $300,000 to subsidize (from zero up to 80% on a needs basis) for children to participate in the GVRD year-round programs

Recreational and enrichment programs play a critical role in improving public safety by providing positive, structured opportunities for youth development and community engagement. Programs offered by the Greater Vallejo Recreation District (GVRD) serve as a vital resource for young people, promoting improved academic performance, social development, and leadership skills, while reducing the likelihood of involvement in

Date: July 22, 2025
Subject: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00,

FINDING THAT SUCH PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12;

AND (B) CONSTITUTES AN EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION 2.27.030 E.

delinquent or criminal behavior.

Access to recreational programs, mentorship, and enrichment activities reduces risk factors associated with violent crime and juvenile offenses, particularly among youth in underserved communities. By offering safe spaces, skill-building opportunities, and positive role models, these programs divert young people from negative influences and foster a greater sense of connection to their community.

Unfortunately, many Vallejo families face financial barriers that prevent their children from participating in these programs. To address this inequity, the City can provide financial assistance or subsidies to ensure all youth have fair access to these essential opportunities, regardless of economic circumstances.

An investment in recreational and enrichment programs is an investment in both the immediate and long-term safety of Vallejo. Supporting expanded access to these programs strengthens the social fabric of our community, promotes positive youth development, and is a proven, preventative strategy to reduce juvenile crime and violence.

Re-establish the Safe Start to School Programs at Lincoln, Hogan, St. Vincent, and Pennycook elementary schools from the start of the school year until summer break

The Safe Start to School Program was piloted by the Police Department in Spring 2025 and proved to be extremely successful in enhancing safety around school zones. The program focuses on increasing traffic awareness, educating drivers, and reducing risks for children walking or biking to school. By creating a visible law enforcement presence and partnering with school communities, these events remind motorists to slow down, obey traffic laws, and stay vigilant in areas heavily traveled by students.

Experience has demonstrated that targeted traffic safety initiatives near schools significantly reduce speeding, reckless driving, and other hazardous behaviors, ultimately decreasing the likelihood of traffic-related injuries involving children.

The Police Department is committed to continuing and expanding this initiative for the upcoming 2025–2026 school year. At a minimum, Safe Start to School events will be held in the areas surrounding Lincoln, Hogan, St. Vincent’s, Grace Patterson, and Pennycook schools. These events represent a proactive investment in student safety and community awareness, reinforcing the shared responsibility of protecting children as they travel to and from school.

Up to $300,000 in funding for the Vallejo VISION Program.

Vallejo VISION is a new approach to reducing gun violence in our community. This model is not an “enforcement-centric” approach, but rather a citywide commitment intended to change the behavior of those at highest risk to committing gun violence or be victims of it. This is accomplished by providing a unique network of community services and support to individuals in an effort to improve their quality of life and to be a deterrent from committing further violence. Accountability for the VISION approach is the key to success and

Date: July 22, 2025
Subject: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00,

FINDING THAT SUCH PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12;

AND (B) CONSTITUTES AN EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION 2.27.030 E.

sustainability and also bridges the gap between law enforcement and community organizations, and solidifies cross-departmental/agency collaboration. The need to reduce gun violence in Vallejo is at the forefront of community concern and following the public safety workshop, Vallejoans clearly support a shared approach to public safety. When committing to the creation a program such as VISION, there should be funding attached in order to support the proper collaborations and access to resources needed to produce successful outcomes. Funding of up to $300,000 will assist in the implementation of a successful program while the City applies for an upcoming Cal-VIP grant in Cohort 5 and looks for other funding sources to sustain the program. City staff is in the process of releasing a Request for Qualifications (RFQ) to identify a capable hub organization(s) with access to a network of services and support resources that can anchor the VISION program.

FISCAL IMPACT
The proposed public safety measures will increase the FY 2025-2026 budget by $1,150,000 and will be drawn from the city’s unassigned General Fund Balance. City’s General Fund balance for FY 2025-25 currently stands at $25.25 million. This is $2.4 million above the required GFOA balance of two months' expenditure reserve. If council proceeds with an additional expenditure of $1.1 million for safety, the new fund balance will be $24.15 million, still within GFOA’s 2 month recommendation. Funding sources will include the following:

1. Utilizing available General Fund unassigned fund balance, where appropriate.

2. Requesting the Measure P Oversight Committee (MPOC) to review the proposed $300,000 GVRD youth subsidy, and returning to Council to amend the budget if recommended. Allocating any surplus from the FY 2024-25 General Fund to cover one-time costs, such as the Block Party and/or Security Towers.

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

ATTACHMENTS

1. Resolution Amending FY25_26 Budget for Summer Violence Reduction - CAO Stamp

2. Resolution Approving Live View Agreement - CAO STAMP

3. Live View MSLA Agreement Cameras (Feb 2025) Final

4. Live View Order Form 2025 Additional Units

CONTACT

Date: July 22, 2025
Subject: ADOPT (1) A RESOLUTION TO AMEND FISCAL YEAR 2025-2026 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC SAFETY MEASURES TO REDUCE VIOLENCE (STEP 2 OF 2); AND (2) A RESOLUTION APPROVING AN AGREEMENT WITH LIVE VIEW TECHNOLOGIES, INC. TO LEASE OR PURCHASE MOBILE SECURITY CAMERA SYSTEMS IN AN AMOUNT NOT TO EXCEED $500,000.00,

FINDING THAT SUCH PURCHASE OR LEASE IS (A) IN THE BEST INTEREST OF THE CITY PURSUANT TO VALLEJO MUNICIPAL CODE SECTION 3.20.090 A. 12;

AND (B) CONSTITUTES AN EMERGENCY EXEMPTION PURSUANT VALLEJO MUNICIPAL CODE SECTION 2.27.030 E.

Jason Ta, Chief of Police
[email protected]

RESOLUTION NO. 25-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO AMEND THE FISCAL YEAR 2025-26 BUDGET TO APPROPRIATE $1,150,000 FOR PUBLIC

SAFETY MEASURES TO REDUCE VIOLENCE
WHEREAS, in June 2025, the City Council adopted the Fiscal Year 2025-26 budget; and WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by City Council after giving one week’s notice of intention to do so; and WHEREAS, on July 8, 2025 City Council provided notice of its intent to amend the City’s Fiscal Year 2025-2026 budget; and
WHEREAS, staff is proposing that the City amend the Fiscal Year 2025-2026 budget to fund several short-term strategies aimed at mitigating community violence; and WHEREAS, staff is proposing that the City fund an amount not to exceed $500,000 for the purchase of security tower cameras, subject to budgetary capacity; and WHEREAS, staff is proposing that the City fund an amount not to exceed $50,000 for a summer block party program; and
WHEREAS, staff is proposing that the City fund an amount not to exceed $300,000 to subsidize program fees for children participating in the Greater Vallejo Recreation District (GVRD) year- round programs with subsidies ranging from zero to 80% based on financial need; and WHEREAS, staff is proposing that the City fund an amount not to exceed $300,000 to launch the Vallejo V.I.S.I.O.N. gun violence reduction program; and WHEREAS, staff is proposing that the General Fund expenditure be increased by $1,150,000 and to be drawn down from Fund Balance.

WHEREAS, the Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair and appropriate.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo, pursuant to Charter Section 703, does hereby approve the amendment of the City’s budget for Fiscal Year 2025-2026 by changing expenditures as set forth in the staff report accompanying this Resolution, which is by this reference incorporated herein;

BE IT FURTHER RESOLVED by the City Council, any net revenue balance from the General Fund will be used towards rebuilding of restricted and/or unrestricted reserves.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute any agreements to accomplish these time sensitive tasks, 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 regular meeting held on July 22, 2025, with the following vote:

AYES: Mayor Sorce, Vice Mayor Bregenzer Councilmembers Gordon, Lediju, Matias, Matulac and Palmares
NOES: None
ABSENT: None
ABSTAIN: None

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

RESOLUTION NO. 25-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A AGREEMENT WITH THE LIVEVIEW TECHNOLOGIES, INC. FOR MOBILE

SECURITY CAMERAS AND RELATED SERVICES IN AN AMOUNT NOT EXCEEDING $500,000.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, on July 25, 2023 the City Council adopted a proclamation of local emergency regarding public safety staffing; and
WHEREAS, in response to instances of unacceptable violence occurring within the City the City Council called a special meeting on July 1, 2025 to discuss and provide direction to staff on strategies that could help to address such issues and increase the ability of the Police Department to hold individuals accountable; and
WHEREAS, several potential strategies were discussed at said meeting. Council directed staff to return with Step 1 budget amendments for several such strategies, including $500,000.00 to acquire mobile security cameras to address violence in areas within the City to mitigate community violence; and
WHEREAS, on July, 8, 2025, the City Council approved Step 1 of the budget amendment as part of the short-term strategies to mitigate community violence, providing notice of intent to amend the fiscal year 2025-2026 budget to appropriate $1,150,000 for public safety measures to reduce violence; and
WHEREAS, at the direction of Council, staff explored the options and cost of mobile security cameras on in order to bring back specific information to the Council relating to that specific strategy; and WHEREAS, in reaching out to other Cities, staff discovered that Live View Technologies Inc, had the experience and capacity to provide such cameras and related services within the fastest possible timeline; and
WHEREAS, concurrent herewith, the City Council amended the FY 25/26 Budget to appropriate $1,150,000 for Public Safety measures including $500,000.00 for a mobile security camera program; and
WHEREAS, there is an urgent need to address acquisition of said cameras and related services in order to address mitigate community violence in the City in the most expeditious manner possible.

NOW, THEREFORE, BE IT RESOLVED that the City Council, finds that 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 in that the action is for the purchase of equipment which will be temporarily deployed in areas of the City and moved from time to time.

BE IT FURTHER RESOLVED that in order to address this urgent matter and take this important step in an attempt to reduce violence, in accordance with Vallejo Municipal Code Section 3.20.090 A. 12, the Council hereby determines that it is in the best interest of the City to proceed with the agreement to acquire mobile security cameras without going to formal bid. The City Council further finds that given the emergency situation the City is now facing, and in accordance with Vallejo Municipal Code Section 2.27.030 E, that an emergency situation exists and that the City Council is proceeding to acquire such equipment and services in advance of receiving a recommendation on the use of the mobile camera towers by the Surveillance Advisory Board. Staff is directed to proceed to comply with the applicable requirements of Section 12.27.030 E after Council action.

BE IT FURTHER RESOLVED by the Council that the City Manager is hereby authorized to execute the Agreement between the City of Vallejo and Live View Technologies Inc. in an amount not to exceed $500,000, with any modifications approved by the City Attorney and City Manager.

BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized to execute said Agreement
Adopted by the City Council of the City of Vallejo at a meeting held on April 22, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ANDREA SORCE, MAYOR
ATTEST
DAWN G. ABRAHAMSON, CITY CLERK

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo, hereby approves the Agreement with the County of Solano for Law Enforcement Services in the form attached hereto as Exhibit A and authorizes the City Manager to execute same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a special meeting

held on June 16, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST

ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK

1 1

LIVEVIEW TECHNOLOGIES

MASTER SAAS AND SERVICE LEVEL AGREEMENT
This MASTER SAAS AND SERVICE LEVEL AGREEMENT (“Agreement”) is entered into by and between LiveView Technologies, Inc. (“LVT”), a Delaware Corporation with offices located at 802 East 1050 South, Suite 300, American Fork, Utah 84003, and the City of Vallejo (“Customer”) a Municipal corporation with offices located at 555 Santa Clara Street, Vallejo, CA 94590, and is effective as of July, 17 , 2025 (“Effective Date”). In this Agreement, LVT and Customer are referred to individually as a “Party” and collectively as the “Parties”. Capitalized terms used in this Agreement are defined in Section 12 of this Agreement or otherwise within the relevant Sections of this Agreement.

1. SYSTEM AND SAAS SOLUTION

1.1 System. This Agreement contains the terms and conditions that govern and are applicable to Customer’s and its Users access to and use of the SaaS Solution, Hardware, Software, Services, Documentation, and other components of the System. Upon execution of this Agreement and an applicable Schedule by both Parties, LVT hereby grants to Customer and its Users the right to access and use the SaaS Solution, Hardware, Software, Services, Documentation, and other components of the System strictly in accordance with the terms and conditions of this Agreement and the applicable Schedule. Customer’s right to access and use of the SaaS Solution Hardware, Software, Services, Documentation, and other components of the System is granted by LVT to Customer under this Agreement strictly on a non-exclusive, non-transferable, non-sublicensable, and restricted basis only for Customer’s lawful internal business purposes during the applicable Schedule Term (as defined below), and is conditioned upon and subject to Customer’s timely payment to LVT of all Fees due or payable as required under this Agreement and all Schedules and Customer’s and its Users’ full compliance with all terms and conditions of this Agreement and all Schedules.

1.2 SaaS Solution. Pursuant to the applicable Schedule, LVT will provide to Customer and its Users access to and use of the SaaS Solution. Customer acknowledges and agrees that the SaaS Solution is currently operated and performed from and through Amazon Web Services (“Service Center”) and that Customer Data will be stored on and processed by equipment and systems at such Service Center; provided however, that the foregoing shall not prohibit LVT’s operation and performance of the SaaS Solution from a different service center or location in the United States, including if LVT determines that such different service center or location is necessary pursuant to LVT’s then-current disaster recovery plan or back up plan. Under the applicable Schedule, LVT shall provide to Customer and its Users access to and use of the SaaS Services via the Internet by use of unique User ID’s and passwords. LVT will provide all such User ID’s and passwords to one or more Customer administrators designated by Customer (“Administrators”) who will distribute such information to the Users. LVT will provide all such User ID’s and passwords to the Administrators following LVT’s receipt from Customer of written notice from the applicable Administrator of the name and e-mail address of each such User requiring a User ID and password.

Following Customer’s written request to LVT, LVT will terminate the access and use rights associated with the requested User ID and password.

1.3 Term. This Agreement shall be effective as of the Effective Date above and shall remain in effect for a period of twelve (12) months, and thereafter this Agreement may be renewed by mutual agreement of the parties in twelve (12) month increments. The initial twelve (12) month period and each subsequent twelve (12) month period of this Agreement is referred to in this Agreement as the “Term” of this Agreement. The Term of this Agreement is subject to earlier termination of this Agreement as provided for in this Agreement.

1.4 Schedules. LVT's provision of the SaaS Solution, Hardware, Software, Services, Documentation, and/or other components of the System to Customer under a Schedule shall commence on the start date specified in such Schedule (or if not specified therein, the date of LVT installation of the Hardware and/or initiation of Services for Customer under such Schedule) and shall continue until the end date specified in such Schedule (“Schedule Term”). Except as otherwise specified in the applicable Schedule, each Schedule shall automatically renew for additional Schedule Terms equal to the applicable expiring Term of this Agreement or one (1) year (whichever is shorter). If any term or condition of any Schedule conflicts or is inconsistent with any of the terms or conditions of this Agreement, then the provisions of this Agreement

2 2
shall be controlling and shall govern to the extent of such conflict or inconsistency, except to the extent such provisions of this Agreement are expressly stated in such Schedule to be superseded by the provisions of such Schedule and then in that case such provisions of such Schedule shall prevail solely with respect to the subject matter of such Schedule.

1.5 Customer Network. Customer acknowledges and agrees that it and its Users shall access and use the SaaS Services and Software provided or made available to Customer by LVT under this Agreement strictly in connection with the Hardware within the designated System for which it was provided by LVT to Customer under this Agreement. Installation of any Software by LVT for or on behalf of the Customer shall not include any modifications to the Customer’s network, systems, security, or firewall settings without Customer’s prior approval. LVT shall not be responsible or liable for any setup, operation, maintenance, performance, or compatibility issues for or in connection with Customer’s network or systems, all of which remain the sole responsibility and liability of Customer. LVT may charge Customer additional fees or amounts for services required to be performed by LVT due to any inability to connect the Hardware to Customer’s network or systems, or if any additional Hardware is required to facilitate connectivity between Customer’s network or systems and the Hardware.

1.6 Third-Party Products and Services. LVT or third parties may from time-to-time make available to Customer third-party products or services, including but not limited to third-party applications and implementation, alert response services, customizations, and other consulting services (“Third-Party Products and Services”). Any purchase or acquisition by Customer of any such Third-Party Products and Services, and any exchange of data, information, or materials between Customer or its Users and any such third party providing any such Third-Party Products and Services, is solely between Customer or the applicable User and such third party, and not LVT. LVT does not make any representations, warranties, or guarantees for or in connection with any such Third-Party Products and Services or provide any maintenance, support, or assistance for any Third-Party Products and Services, whether or not they are designated by LVT as “certified” or otherwise, except as expressly specified in a Schedule regarding such Third-Party Products and Services entered into between Customer and LVT. Customer and LVT (i) will determine the appropriate terms and configuration of any Third-Party Products and Services and (ii) may modify and change the terms and configuration of Third-Party Products and Services by mutual agreement and by giving notice to the third-party service provider. Regarding third-party provided alert response services, the parties agree that Customer will receive alert response communications directly from the third- party alert response service provider; however, Customer should contact LVT for all other communication related to the third-party alert response services.

1.7 Suspension. LVT has and reserves the right to suspend Customer’s and/or any User’s access to or use of the SaaS Solution, Hardware, Software, Services, and/or any other components of the System: (i) for scheduled or emergency maintenance; (ii) immediately if Customer or any User breaches any provision of this Agreement or any Schedule; (iii) as LVT deems reasonably necessary to respond to any actual or potential security threat, breach, or concern, including those that may affect Customer, its Users, or any other LVT customer or users; or (iv) immediately if Customer or any User access to or use of the SaaS Solution, Hardware, Software, Services, or any other components of the System is interfering with or otherwise negatively impacting access to or use of any LVT product or service by any other LVT customers or users or is violating any applicable laws, rules, regulations, or third-party rights.

1.8 Customer Portal. Under this Agreement, LVT may provide Customer with access to an online customer interface portal (“Customer Portal”) for use by Customer in connection with its access to and use of the SaaS Solution, Hardware, Software, Services, and/or other components of the System. Customer’s use of the Customer Portal is subject to LVT’s policies and terms and conditions of use that LVT may establish from time-to-time and make available at the Customer Portal. Through such Customer Portal, Customer will provide to LVT the information requested by LVT, including Customer contact and payment information, and Customer will at all times keep all such Customer information accurate and up to date through the Customer Portal. Customer hereby consents to and grants LVT the right and authority to access and use the contact and other information Customer provides to LVT through the Customer Portal, including any and all e-mail addresses, to contact Customer from time-to-time. Customer will maintain the confidentiality and security of its Customer Portal login credentials provided by LVT to Customer. Customer will promptly notify LVT in writing of any known or reasonably suspected unauthorized access to its

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Customer Portal account, login credentials, or any other actual or potential breach of security of which Customer has knowledge involving the Customer Portal, SaaS Solution, Hardware, Software, Services, and/or any other component of the System.

1.9 Data Limits. Under this Agreement, LVT will make the SaaS Solution available to Customer and its Users through the use of a cellular data connection selected by LVT. For the SaaS Solution, Customer will have access to five (5) gigabytes of cellular data per calendar month for a standard LVT Omni unit. For the SaaS Solution, Customer will have access to fifteen (15) gigabytes of cellular data per calendar month for a LVT D3 or security unit. Customer’s data usage allotment will be reset to zero (0) on the first day of each calendar month. If Customer exceeds the allotted data usage granted by LVT to Customer in any given calendar month, then such overage will be charged by LVT to Customer at a rate of $10.00 USD per gigabyte (or the then-current rate charged by LVT for such overages), and Customer agrees that it shall pay to LVT any and all such overage Fees invoiced by LVT to Customer as provided for in this Agreement.

LVT shall use reasonable efforts to provide Customer notice when Customer’s monthly data usage is between 70%-80% of Customer’s applicable data usage allotment.

2. CUSTOMER RESPONSIBILITIES

2.1 Cooperation. Customer will reasonably cooperate with LVT in connection with the performance of this Agreement as may be deemed necessary by LVT, which may include Customer making available to LVT such Customer personnel and information as may be reasonably required by LVT to provide the SaaS Solution, Hardware, Software, Services, and/or any other component of the System to Customer. Customer is solely responsible and liable for determining whether the SaaS Solution, Hardware, Software, Services, and/or any other components of the System are sufficient for Customer’s purposes, including but not limited to, whether the SaaS Solution, Hardware, Software, Services, and/or any other components of the System meet or satisfy Customer’s legal and/or regulatory requirements.

2.2 Software. Customer's and its Users’ access to or use of the SaaS Solution, Hardware, Software, Services, and/or other components of the System may require Customer and Users to install certain Integration Software on Customer’s and Users computers, network, or systems, or may require Customer and Users to install certain LVT Mobile Software on Customer’s and Users mobile devices, which access and use shall be subject to the terms and conditions of this Agreement and applicable Schedule, including the access and use restrictions set forth in this Agreement and applicable Schedule.

2.3 Customer Information. Customer acknowledges and agrees that Customer and Users shall be required to provide to and share with LVT certain information for the purposes of LVT providing the SaaS Solution and/or other components of the System under this Agreement or any Schedule, such as usernames, LVT Admin Panel passwords, and other login information. This information may include personal information (such as email addresses and/or telephone numbers) regarding Customer and Users, and LVT will use such information for the purposes of providing the SaaS Solution and/or other components of the System to Customer and Users. Prior to authorizing an individual to become a User, Customer is fully responsible and liable for obtaining the consent and authorization of that individual, in accordance with all applicable laws, to the use of his/her information by LVT for purposes of providing the SaaS Solution and/or other components of the System under this Agreement or any Schedule.

3. FEES AND PAYMENT

3.1 Fees. Fees payable by Customer to LVT shall be specified in the applicable Schedule. Except as otherwise expressly stated in the applicable Schedule, Customer will pay to LVT the Fees set forth in each Schedule in full. LVT may increase the Fees in any Schedule by up to 5% upon any subsequent renewal period of such Schedule. LVT shall send invoices to Customer for Fees due under a Schedule at the Customer address set forth on or in the LVT onboarding documents provided by Customer or at the Customer address set forth in the first paragraph of this Agreement above.

3.2 Payment. Unless otherwise expressly stated in the applicable Schedule, all Fees due from or payable by Customer to LVT under each Schedule shall be paid by Customer to LVT in full within thirty (30) days after the date of the LVT invoice therefor. All such Fees are payable by Customer to LVT in United States

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Dollars. Any such Fees not paid by Customer to LVT when due shall accrue interest at the lesser of 1.5% per month or the maximum interest rate allowed by applicable law until the overdue amount has been paid in full by Customer to LVT. In the event of any expiration or termination of this Agreement by LVT as provided for in this Agreement, no refund or return of any Fees paid by Customer to LVT under this Agreement shall be due or payable in any amount on account of such expiration or termination. In the event of termination of this Agreement by Customer as provided for in this Agreement, Customer shall be entitled as its sole and exclusive remedy, to receive a refund of any pre-paid subscription Fees paid by Customer to LVT for the SaaS Solution or Services not rendered by LVT under this Agreement as of the effective date of such termination. If any LVT invoice due date falls on a weekend, statutory holiday, or banking holiday, then that due date will automatically be deemed to be next business day. Customer shall not withhold or off-set any Fees payment due under any Schedule. Customer shall immediately notify LVT in writing of any disputed Fees amounts in any invoice received by Customer from LVT, and thereafter LVT and Customer shall use reasonable commercial efforts to resolve such disputed Fees amounts in such invoice; provided however, that if the Parties fail to resolve such dispute within sixty (60) days of the date of the disputed invoice, then Customer shall pay to LVT all Fees amounts in such invoice within ninety (90) days of the date of such invoice. Customer shall have no right, and hereby waives all right, to dispute any Fees amounts in any invoice more than ninety (90) days after the date of such invoice. Customer shall not be entitled to, and LVT shall not grant to Customer, any applicable credits (as determined by LVT) toward any Fees that are claimed or requested by Customer from LVT more than ninety (90) days after the date such credits first became creditable to Customer. Subject in all cases to Customer’ obligations to pay Fees to LVT as provided for in this Agreement and any Schedule, Customer may modify the payment method by which it processes or pays LVT invoices from time-to-time upon prior written notice to LVT. If a third-party payment processing service is utilized by Customer, whether online payment portal or vendor payment portal or otherwise, then Customer shall be solely responsible and liable for all use of such payment processing service, including Customer’s payment of any and all fees and amounts due or payable for use of such payment processing service.

3.3 Taxes. The Fees due from or payable by Customer to LVT under each Schedule do not include any applicable taxes, levies, duties, or similar governmental assessments or charges of any nature, including but not limited to value-added, goods and services, harmonized, sales, use or withholding taxes, assessable by any local, state, provincial, federal, or foreign government or jurisdiction (collectively, “Tax(es)”). Customer is solely responsible and liable for paying any and all Taxes, excluding only taxes payable by LVT based on LVT’s net income. If LVT has the legal obligation to pay or collect any Taxes for which Customer is responsible under this Section, then the appropriate Taxes amount shall be paid in full by Customer within thirty (30) days of the date of LVT’s invoice therefor. LVT shall specify in each invoice the Taxes due or payable by Customer to LVT under or in connection with the applicable Schedule. If requested by LVT, Customer shall cooperate with LVT to properly calculate any applicable Taxes under or in connection with the applicable Schedule. LVT will invoice Customer for such Taxes based on Customer’s locations accessing or using the SaaS Solution, Hardware, Software, Services, and/or other components of the System under this Agreement or any Schedule. LVT invoices to Customer shall include and separately state each applicable Tax and will associate such Tax with the invoice line-item cost to which the Tax applies. If Customer asserts in writing in advance to LVT that any Fees under any Schedule are not subject to or are exempt from Taxes and Customer provides to LVT a valid written tax exemption certificate from the relevant governmental taxing authority(ies) indicating that Customer is in fact not subject to pay or is exempt from paying such Taxes, then LVT will refrain from collecting and remitting such Taxes.

If, however, any Tax(es) assessment results from LVT’s failure to timely collect or remit any Tax(es) due to LVT’s reliance on Customer’s assertion to LVT that no Tax is due or a valid Tax exemption certificate applies to Customer, then Customer shall be solely responsible and liable for payment of any and all such Tax(es), including any interest, penalties, expenses, and costs related to such Tax(es) assessment, and Customer shall defend, indemnify, and hold harmless LVT and its Affiliates from and against any and all such Tax(es) assessment, and from and against any and all costs and expenses incurred by LVT related to any such Tax(es) assessment.

3.4 Credit Card. If the method of Customer payment of an invoice for Fees from LVT under this Agreement is by Customer credit card, then Customer agrees it shall: (i) keep Customer’s credit card information updated with LVT and (ii) authorize LVT to charge Customer’s credit card for all Fees and other amounts

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due from or payable by Customer to LVT under the applicable Schedule in advance monthly plus Taxes when due.

3.5 ACH. If the method of Customer payment of an invoice for Fees from LVT under this Agreement is by ACH, then Customer agrees it shall: (i) complete and sign an ACH authorization form in favor of LVT; and (ii) keep Customer’s bank information for such ACH payment updated with LVT.

3.6 Carrier Fees. Customer acknowledges and agrees that: (i) Customer’s and Users’ third-party carriers or service providers may charge fees or amounts for data usage, messaging, telephone calls, or other services that are required for them to access or use the SaaS Solution, Services, and/or other components of the System; and (ii) Customer and Users are solely responsible and liable for any and all such fees, amounts, access, and usage in connection with any such third-party carriers or service providers.

3.7 Insufficient Funds. If any payment of Fees by Customer to LVT under this Agreement is returned based upon insufficient or unavailable funds in the Customer account upon which such payment was drawn, a minimum insufficient funds (“NSF”) charge of thirty-five ($35.00) dollars will be charged by LVT to Customer and will be paid by Customer to LVT as an additional payment to LVT. Any such NSF charge or payment shall not reduce or otherwise affect any of the Fees payment obligations of Customer to LVT under this Agreement or any Schedule.

3.8 Collections. Customer acknowledges and agrees that it shall be responsible and liable for and shall reimburse LVT for any and all costs, expenses, fees, and other amounts (including collection expenses, courts costs, and reasonable attorneys’ fees) incurred by LVT to enforce any of Customer’s Fees payment obligations to LVT under this Agreement and any Schedule.

4. RESTRICTIONS
Customer shall not, and shall not permit any Users nor any third party or individual to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover or discern the source code, object code or underlying structure, ideas, or algorithms of the SaaS Solution, Hardware, Software, Services, or any other component of the System, and/or any data related to the SaaS Solution, Hardware, Software, Services, or any other component of the System (except to the extent such prohibition is contrary to applicable law that cannot be excluded by agreement of the Parties); (ii) modify, change, revise, translate, or create any derivative works of or based on the SaaS Solution, Hardware, Software, Services, and/or any other component of the System; (iii) share, rent, lease, loan, resell, transfer, license, sublicense, distribute, or otherwise provide access to or use of the SaaS Solution, Hardware, Software, Services, or any other component of the System to or with any third party or individual, or use or otherwise provide the SaaS Solution, Hardware, Software, Services, or any other component of the System for or in any timesharing or service bureau purposes or arrangements; or (iv) access or use the SaaS Solution, Hardware, Software, Services, or any other component of the System other than by Customer and its Users in accordance with this Agreement, the applicable Schedule, and in compliance with all applicable laws, rules, and regulations.

5. DELIVERY, INSTALLATION, AND USE OF HARDWARE

5.1 Shipping and Set up. Customer shall pay to LVT any and all shipping and installation Fees, charges, and other amounts for the Hardware under the applicable Schedule which shall be payable by Customer to LVT in accordance with such Schedule. LVT may invoice Customer for, and Customer shall pay to LVT, any and all Fees, charges, and other amounts for additional or add-on Hardware and/or other System components agreed to by Customer and LVT in the applicable Schedule which are delivered or stored by LVT for Customer, and/or for any and all Services performed by LVT for Customer before completion of the Hardware and/or other System components installation, relocation of existing Hardware, activation of the System, or any other Service(s). All unpaid and outstanding Fees, charges, and other amounts payable by Customer to LVT under this Agreement and the applicable Schedule shall be due and payable by Customer to LVT prior to completion of the installation of the Hardware and/or other System components under such Schedule and as a precondition to activation of the SaaS Solution, Services, and/or any other System components under such Schedule.

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5.2 Maintenance and Repair. LVT will provide the Services to Customer as set forth in this Agreement and the applicable Schedule. LVT and its personnel shall use reasonable efforts when at Customer’s location to perform Services in compliance with Customer’s reasonable policies and guidelines regarding site safety and security that have been provided in writing by Customer to LVT reasonably in advance of LVT’s personnel arrival at the relevant Customer location. As part of the Services, upon Customer's request to LVT, LVT will provide to Customer maintenance and repair of the covered Hardware as determined by LVT to be necessary due to Customer’s normal use, wear, and tear of such Hardware. Additional charges shall be applicable and payable by Customer to LVT for any Services for maintenance and repair of such Hardware which are determined by LVT to be necessary due to changes or alterations in the Customer's locations or premises, changes or alterations of or to the Hardware or other components of the System (or any part thereof) made at the request of the Customer, or damage to the Customer’s locations or premises or to the Customer’s alarm system, or any other causes or events beyond the reasonable control of LVT.

Any Services for installation, maintenance, or repairs of the Hardware or other components of the System shall be performed by LVT during LVT’s normal working hours of 8:00 A.M. to 4:30 P.M., Monday through Friday, except holidays observed by LVT. Customer acknowledges and agrees that any such Services for installation, maintenance, or repairs are strictly for the specific Hardware or other components of the System covered under this Agreement, and that LVT has no obligation or liability to install, maintain, support, repair, service, replace, operate, or assure the operation of any device or devices of Customer, Users, or any third party or individual.

5.3 Representations and Warranties. Under this Agreement, LVT represents and warrants to Customer that:(i) LVT shall perform the Services in a professional and workman-like manner in accordance with industry practices and standards for similar services using competent LVT personnel having expertise suitable to perform their respective assignments from LVT to provide the Services to Customer under this Agreement;(ii) the SaaS Solution, Hardware, and Software as provided by LVT to Customer under this Agreement and the applicable Schedule shall materially conform to the descriptions and specifications therefor as set forth in the applicable Documentation provided by LVT to Customer in writing under this Agreement; and (iii) LVT will use reasonable efforts through employment of Virus scanning technology to endeavor that no Viruses are contained in the SaaS Solution or Software.

5.4 Risk of Loss or Damage. LVT hereby acknowledges and agrees that it assumes and shall bear all risk and liability for any and all loss, theft, damage, and/or destruction of any Hardware while such Hardware is in Customer’s possession or control, except for any loss, theft, damage, and/or destruction due to Customer’s gross negligence or willful or intentional harm. In the event of any such loss, theft, damage, or destruction of such Hardware, Customer shall immediately notify LVT in writing thereof and follow LVT’s instructions regarding such Hardware.

5.5 Indemnification by LVT. LVT shall defend, indemnify, and hold harmless Customer from and against any and all claims and demands, and all related losses, damages, liabilities, judgments, awards, suits, costs, and expenses, including any third party intellectual property infringement claims (including reasonable attorneys’ fees and court costs) (collectively, “Customer Claim”) to the extent arising from bodily injury, death, or damage to real or tangible property or intellectual property rights, directly caused by the negligence or willful misconduct or intellectual property infringement of LVT or its employees or agents occurring while performing the manufacture, installation or Services, supplying products for Customer under this Agreement while present at Customer’s location(s) where such manufacture, installation, Services or products are provided by LVT to Customer under this Agreement or arising from or connected with the intellectual property rights claimed, asserted or relied upon by LVT in the manufacture, installation or Services supplied to Customer. Notwithstanding the foregoing, LVT’s obligations and liabilities provided for in this Section shall not apply to any Customer Claim arising from or in connection with any negligence or misconduct of Customer, its employees, or agents, or of any other individuals who are not LVT employees or agents providing the manufacture, installation. Services or products to Customer under this Agreement.

LVT’s obligations and liabilities provided for in this Section are conditioned upon and subject to Customer:
(i) promptly notifying LVT of the relevant Customer Claim in writing; (ii) tendering to LVT the sole and exclusive right to defend or settle such Customer Claim; and (iii) fully cooperating with LVT in LVT’s defense or settlement of such Customer Claim at LVT’s sole cost and expense. Customer shall not enter into any settlement of any Customer Claim without LVT’s express prior written approval.

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5.6 DISCLAIMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FEES AND OTHER

AMOUNTS LVT CHARGES CUSTOMER UNDER THIS AGREEMENT ARE BASED UPON THE VALUE

OF THE SYSTEM LVT PROVIDES TO CUSTOMER UNDER THIS AGREEMENT AND ARE UNRELATED

TO THE VALUE OF ANY OF CUSTOMER'S LOCATIONS, PROPERTY, OR PREMISES, ANY

PROPERTY OF ANY THIRD PARTY LOCATED IN OR ON CUSTOMER'S LOCATIONS, PROPERTY, OR

PREMISES, OR ANY RISK OF LOSS AT ANY OF CUSTOMER'S LOCATIONS, PROPERTY, OR PREMISES. OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION ABOVE AND THE INDEMNIFICATION SET FORTH IN SECTION 5.5, LVT MAKES NO

AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LVT DOES NOT REPRESENT OR WARRANT THAT (a) THE SAAS SERVICES, HARDWARE, SOFTWARE, SERVICES, OR ANY OTHER

COMPONENTS OF THE SYSTEM OR ANY THIRD-PARTY PRODUCTS AND SERVICES WILL NOT BE COMPROMISED AND/OR CIRCUMVENTED, (b) USING THE SAAS SERVICES, HARDWARE,

SOFTWARE, SERVICES, OR ANY OTHER COMPONENTS OF THE SYSTEM OR ANY THIRD-PARTY

PRODUCTS AND SERVICES WILL PREVENT ANY LOSS, DAMAGE, EXPENSE, OR INJURY DUE TO

ANY CAUSES, INCLUDING WITHOUT LIMITATION ANY BURGLARY, HOLD-UP, ROBBERY, THEFT, CRIME, FIRE, OR OTHERWISE, OR (c) THE SAAS SERVICES, HARDWARE, SOFTWARE, SERVICES,

OR ANY OTHER COMPONENTS OF THE SYSTEM OR ANY THIRD-PARTY PRODUCTS AND SERVICES WILL PROVIDE THE PROTECTION REQUIRED OR INTENDED BY CUSTOMER. UNDER

THIS AGREEMENT, THE RISK OF ANY AND ALL SUCH LOSS, DAMAGE, EXPENSE, OR INJURY REMAINS SOLELY WITH CUSTOMER, AND NOT LVT. INSURANCE, IF ANY, COVERING ANY SUCH

RISK, LOSS, DAMAGE, EXPENSE, OR INJURY SHALL BE THE SOLE RESPONSIBILITY OF CUSTOMER, AND NOT OF LVT. LVT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY

LOSS, DAMAGE, EXPENSE, OR INJURY DUE DIRECTLY OR INDIRECTLY TO ANY OF THE EVENTS DESCRIBED ABOVE IN THIS SECTION, OR THE CONSEQUENCES FLOWING THEREFROM.

CUSTOMER HEREBY RELEASES AND WAIVES TO THE FULLEST EXTENT PERMITTED UNDER

APPLICABLE LAW FOR ITSELF AND ITS INSURERS ALL SUBROGATION AND OTHER RIGHTS TO

RECOVER FROM LVT ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR

INJURY OF CUSTOMER, USERS, OR ANY THIRD PARTY OR INDIVIDUAL EXCEPT AS SET FORTH IN SECTION 5.5 ABOVE. THE DISCLAIMERS, PROTECTIONS, LIMITATIONS, AND WAIVERS IN THIS SECTION SHALL ALSO BE APPLICABLE TO LVT’s AFFILIATES, SUPPLIERS, LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS.

6. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY

SCHEDULE OR EXHIBIT TO THE CONTRARY, IN NO EVENT SHALL LVT BE LIABLE UNDER OR IN

CONNECTION WITH THIS AGREEMENT OR ANY SCHEDULE FOR ANY INDIRECT, INCIDENTAL,

CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, OR FOR ANY LOST PROFITS, HOWEVER CAUSED. NOTWITHSTANDING ANYTHING

IN THIS AGREEMENT OR ANY SCHEDULE OR EXHIBIT TO THE CONTRARY, ANY AND ALL LIABILITY

OF LVT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY SCHEDULE, WITH THE

EXCEPTION THAT ARISING FROM THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR

INTELLECTUAL PROPERTY INFRINGEMENT OF LVT OR ITS EMPLOYEES OR AGENTS, SHALL BE

LIMITED IN ALL CASES TO DIRECT DAMAGES ONLY WHICH IN THE AGGREGATE SHALL NOT

EXCEED THE AGGREGATE FEES PAID BY CUSTOMER TO LVT UNDER THIS AGREEMENT OR $1,000,000.00 WHICHEVER IS GREATER THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN

THIS SECTION SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE, EXPENSE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO LVT’S PERFORMANCE, NONPERFORMANCE,

OR BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE (INCLUDING

TORT), ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE LAWS, OR ANY OTHER ALLEGED FAULT ON THE PART OF LVT, ITS EMPLOYEES OR AGENTS. THE

DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF LVT WAS

ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSS, DAMAGE, EXPENSE, INJURY, OR OTHER CONSEQUENCE. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION SHALL ALSO BE APPLICABLE TO LVT’s AFFILIATES, SUPPLIERS, LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS.

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7. TERMINATION

7.1 Breach. Either Party may terminate this Agreement upon written notice of such termination to the other Party if the other Party has committed a material breach of the terms or conditions of this Agreement or any Schedule and such Party fails to cure such breach within thirty (30) days of such Party’s receipt of written notice of such breach from the non-breaching Party.

7.2 Bankruptcy. Either Party may terminate this Agreement upon written notice of such termination to the other Party: (i) upon the institution or if a petition is filed, notice is given, a resolution is passed, or an order is made, in each case by or against the other Party under any applicable laws relating to insolvency, administration, liquidation, receivership, bankruptcy, or any other winding up proceedings; (ii) upon the other Party’s making an assignment for the benefit of creditors or making a voluntary arrangement with its creditors; (iii) upon the other Party’s dissolution or ceasing, or threatening to cease to do business; or (iv) if any event occurs, or proceeding is instituted, with respect to the other Party that has the equivalent or similar effect to any of the events provided for in this Section above.

7.3 Other Termination. (a) In addition to LVT’s termination rights provided for in this Agreement or the applicable Schedule, LVT shall have the right to terminate this Agreement and/or any Schedule and/or to discontinue any SaaS Solution, Hardware, Software, Service(s), and/or any other components of the System under this Agreement or any Schedule at any time upon written notice of such termination or discontinuance to Customer if: (i) Customer fails to follow and implement LVT’s requirements or recommendations for the repair or replacement of any defective parts of the Hardware and/or other components of the System; (ii) Customer fails to comply with the Documentation or other written operating instructions for the Hardware and/or other components of the System provided by LVT to Customer which LVT in its sole discretion determines results in an undue number of false alarms or malfunctions for or in connection with the Hardware and/or other components of the System; or (iv) delivery or provision of the SaaS Solution, Hardware, Software, Services, and/or other components of the System, or continued delivery or provision of the SaaS Solution, Hardware, Software, Services, and/or other components of the System, violates of any applicable laws, rules, regulations, or rights of any third party or individual. LVT shall not be responsible or liable for any damages, losses, costs, and/or expenses of Customer or Users which result from or are in connection with any such termination of this Agreement and/or any Schedule and/or any discontinuance of any SaaS Solution, Hardware, Software, Service(s), and/or other components of the System by LVT in accordance with the foregoing in this Section above. (b) In addition to the Parties termination rights provided for in this Agreement or the applicable Schedule, either Party shall have the right to terminate this Agreement and/or any Schedule and/or to discontinue any SaaS Solution, Hardware, Software, Service(s), and/or any other components of the System under this Agreement or any Schedule at any time upon written notice of such termination or discontinuance to the other Party if: (i) LVT’s connections or connectability to provide the SaaS Solution, Hardware, Software, Services, and/or other components of the System to Customer under this Agreement or any Schedule are/is damaged or destroyed by fire, weather, catastrophe, or any other cause or if LVT is unable or if it is impractical for either party to obtain or maintain any connections, rights, or privileges required for the SaaS Solution, Hardware, Software, Services, and/or other components of the System to transmit signals between the Customer's locations or premises and LVT’s designated locations or premises; or (ii) the Customer locations or premises where the Hardware and/or other components of the System are or are to be installed are unsafe, unsecure, unsuitable, or so modified or altered after installation so as to render continuation of SaaS Solution, Hardware, Software, Service(s), and/or other components of the System unsafe, unsecure, unsuitable, impractical or impossible.

7.4 Post-Termination. Upon any expiration or termination of this Agreement, in addition to any and all other rights and remedies of LVT under this Agreement, at law, or in equity: (i) Customer shall immediately cease all access to and use of the SaaS Solution, Hardware, Software, Services, Documentation, and other components of the System; (ii) LVT shall at its option have the right to take immediate possession of the Hardware and charge Customer for LVT’s costs and expenses to collect the Hardware plus a 1.0% service charge on all such amounts, or declare immediately due and payable, without additional notice presentment or demand, an amount equal to the total of (a) all unpaid Fees and other amounts due from Customer to

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LVT hereunder, at the time of termination plus (b) as determined by LVT the anticipated fair market value of the Hardware at the end of the Schedule Term if such Hardware is not returned by Customer to LVT within ten (10) days of the end of such Schedule Term. Customer acknowledges and agrees that Customer has no and shall have no right of purchase and no equity in the Hardware or any other component of the System under this Agreement or any Schedule, or by operation of law or otherwise. Notwithstanding, the immediately preceding sentence, upon any expiration or termination of the Agreement, the Parties may negotiate the purchase of the Hardware or the purchase or license of any other any component of the System.

8. CONFIDENTIALITY

8.1 Confidential Information. Under this Agreement, the term “Confidential Information” means any information or data disclosed, provided, or made available by one Party (“Disclosing Party”) to the other Party (“Receiving Party”) under or in connection with this Agreement or any Schedule in any form (whether written, electronic, oral, or otherwise) that is marked or labelled as confidential or proprietary to the Disclosing Party, that at the time of disclosure is declared by the Disclosing Party to be confidential or proprietary to the Disclosing Party, or that reasonably should be understood to be confidential or proprietary to the Disclosing Party given the nature of the information or data and the circumstances of its disclosure, including without limitation, any trade secrets, technology, technical information, inventions, know-how, ideas, methods, business, financial and customer information, pricing, forecasts, strategies, and product and service development plans. Customer Data and Customer Personal Data are hereby deemed to be Customer Confidential Information. The SaaS Solution, Hardware, Software, Services, Documentation, and other components of the System are hereby deemed to be LVT Confidential Information. The Receiving Party acknowledges and agrees that any and all Confidential Information of the Disclosing Party is and shall remain owned by and be the exclusive property of the Disclosing Party and that nothing in the Agreement shall be construed or deemed to grant or convey to the Receiving Party any rights or licenses in or to the Confidential Information of the Disclosing Party except as expressly set forth in this Agreement.

8.2 Non-Disclosure and Non-Use. The Receiving Party agrees it shall: (i) not disclose or provide any Confidential Information of the Disclosing Party to any third party or individual other than Receiving Party’s employees, agents, and contractors (“Representatives”) with a need to know such Confidential Information of the Disclosing Party and who have entered into written non-disclosure and non-use agreements with the Receiving Party providing for protection of the Disclosing Party’s Confidential Information on terms no less protective and restrictive than those contained in this Section, and (ii) not use Confidential Information of the Disclosing Party except solely as reasonably required for Receiving Party to exercise its rights or fulfill its obligations under or in connection this Agreement and each Schedule. The Receiving Party agrees that it is and shall be responsible and liable for any breach of this Agreement or any Schedule by any of its Representatives. The Receiving Party further agrees that it shall use the same degree of care to protect against unauthorized disclosure and unauthorized use of such Confidential Information of the Disclosing Party that the Receiving Party uses with respect to its own confidential or proprietary information of similar nature, but in no event will the Receiving Party use less than a reasonable degree of care to protect such Confidential Information of the Disclosing Party against unauthorized disclosure and unauthorized use. For the avoidance of doubt, Customer acknowledges and agrees that LVT uses the services of certain third parties for or in connection with the provision of the SaaS Solution, Hardware, Software, Services, and other components of the System to Customer and Users and that such third parties will have access to Customer’s Confidential Information, subject to LVT’s compliance with this Section.

8.3 Exceptions. Confidential Information of the Disclosing Party will not include any information or data to the extent the Receiving Party can demonstrate through competent documented evidence that such information or data: (i) is or becomes generally available to the public without any breach of this Agreement by the Receiving Party, or otherwise without any wrongful act of the Receiving Party; (ii) was already in the Receiving Party’s possession or already known by the Receiving Party prior to initial receipt from the Disclosing Party; (iii) was rightfully disclosed to the Receiving Party without restriction by a third party who had no confidentiality or non-disclosure obligations or duties owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party without any use of or reference to any Confidential Information of the Disclosing Party.

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8.4 Legally Required Disclosure. Nothing in this Agreement will prevent the Receiving Party from disclosing Confidential Information of the Disclosing Party to the extent required by state or federal law, judicial or governmental order, provided that, to the extent permitted by applicable law, the Receiving Party shall endeavor to give the Disclosing Party reasonable prior written notice of such required disclosure and the Confidential Information of Disclosing Party required to be disclosed pursuant to such law, judicial or governmental order so as to permit the Disclosing Party to contest such disclosure or seek an appropriate remedy for or in connection with such disclosure. If such remedy is not secured by the Disclosing Party, the Receiving Party agrees that it shall furnish only that portion of the Confidential Information of the Disclosing Party which the Receiving Party is legally required to furnish and, in conjunction with the Disclosing Party, to use all reasonable efforts to assure that the information is maintained in confidence by the party to whom it is so furnished.

8.5 Injunctive Relief. The Receiving Party acknowledges and agrees that any breach of its non-disclosure and non-use obligations provided for in this Section may result in serious and irreparable harm to the Disclosing Party for which the Disclosing Party may not be adequately compensated and for which damages are difficult to accurately measure. Therefore, the Receiving Party acknowledges and agrees that, in addition to all other rights and remedies that the Disclosing Party may have available to it under this Agreement, at law, or in equity, the Disclosing Party shall be entitled to seek the specific performance of such obligations of the Receiving Party and to both temporary and permanent injunctive relief without the necessity of posting any bond or other security.

8.6 Return or Destruction. The Receiving Party shall, upon any expiration or termination of this Agreement or otherwise upon the written request of the Disclosing Party to the Receiving Party, promptly return to the Disclosing Party, or destroy if so instructed by the Disclosing Party, and provide written certification to the Disclosing Party of such return or destruction, all Confidential Information of the Disclosing Party, without retaining any copy, extract or summary of any part thereof. Notwithstanding the foregoing, the Receiving Party may retain copies of Confidential Information of the Disclosing Party to the extent necessary for purposes of the Receiving Party’s compliance with its ordinary course internal document retention and backup requirements and procedures, provided that such Confidential Information of the Disclosing Party shall remain subject to the Receiving Party’s non-disclosure and non-use obligations provided for in this Section for so long as such Confidential Information of the Disclosing Party is so retained by the Receiving Party.

8.7 Data Protection Addendum. During the term of this Agreement, LVT and Customer shall comply with their respective obligations set forth in the Data Protection Addendum attached to this Agreement as Exhibit A.

9. INTELLECTUAL PROPERTY RIGHTS; FEEDBACK

9.1 Intellectual Property Rights. Customer acknowledges and agrees that LVT, its Affiliates, suppliers, or licensors exclusively own and retain any and all Intellectual Property Rights in, to, or relating to the SaaS Solution, Hardware, Software, Services, Documentation, and any and all other components of the System, including any and all Updates, modifications, changes, revisions, improvements, and derivative works thereof. This Agreement does not sell, convey, transfer, or assign to Customer or any User any rights of ownership in or to the SaaS Solution, Hardware, Software, Services, Documentation, or any other components of the System, or in or to any Intellectual Property Rights of LVT, its Affiliates, suppliers, or licensors. LVT, its Affiliates, suppliers, and licensors reserve all rights not expressly granted.

9.2 Performance Data. As between the Parties, LVT shall exclusively own any and all Performance Data.

Notwithstanding anything in this Agreement or any Schedule to the contrary, Customer acknowledges and agrees that LVT has the right to: (i) use and modify Customer Data for the purposes of (a) LVT providing the SaaS Solution, Hardware, Software, Services, and/or other components of the System to Customer and Users under this Agreement and the Schedules, and (b) LVT generating, developing, or creating Performance Data; and (ii) freely use, make available, distribute, market, sell, and otherwise exploit Performance Data for any LVT business purposes, including without limitation, for improving, developing, testing, operating, promoting, and marketing the SaaS Solution, Hardware, Software, Services, and other components of the System and any other LVT products and services.

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9.3 Feedback. Although not obligated to do so, Customer and/or Users may choose to provide to LVT or any of LVT’s personnel feedback, suggestions, ideas, comments, improvements, or other information or data regarding or in connection with the SaaS Solution, Hardware, Software, Services, and/or other components of the System or any other LVT products or services (“Feedback”). If Customer and/or Users provide any such Feedback to LVT, then Customer and/or Users hereby assign to LVT any and all Intellectual Property Rights of Customer and Users in and to any such Feedback, and Customer and Users hereby waive any and all claims they may have now or may hereafter have in the future in any country or jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in such Feedback (even if such Feedback is altered or changed in a manner not agreeable to Customer or Users). Customer and Users represent and warrant to LVT that Customer and Users have all rights and authorizations necessary or required to make the assignments and waivers provided for in this Section. Customer and Users will at LVT’s cost and expense reasonably assist LVT in its efforts to formalize, register, protect, and/or otherwise perfect LVT’s rights in any such Feedback, including through the execution and delivery of documentation LVT determines is necessary or expedient for LVT to formalize, register, protect, and/or otherwise perfect LVT’s rights in any such Feedback.

10. GOVERNMENT MATTERS

10.1 Export. Notwithstanding anything in this Agreement or any Schedule to the contrary, Customer shall not use, export, or re-export, or allow the export or re-export of, the SaaS Solution, Hardware, Services, Documentation, and/or any other components of the System, or anything related thereto or any direct product thereof, in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Customer represents and warrants to LVT that Customer and Users are not named on any U.S. government denied-party list. Customer and Users shall not access or use the SaaS Solution, Hardware, Software, Services, Documentation, or any other components of the System in or for any U.S. embargoed country.

10.2 Anti-Corruption. Customer acknowledges and agrees that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from LVT or any LVT employee or agent in connection with this Agreement or any Schedule. If Customer learns of any violation of the above restriction in this Section, then Customer will promptly notify LVT in writing thereof.

11. MISCELLANEOUS

11.1 Severability. If any provision of this Agreement or Schedule is found to be unenforceable or invalid by an arbitration panel or court of competent jurisdiction as provided for in this Agreement, then such provision will be limited or eliminated to the minimum extent necessary to comply with such finding and the other provisions of this Agreement and Schedules will otherwise remain in full force and effect in accordance with the remaining terms and conditions of this Agreement and Schedules.

11.2 Assignment. Neither this Agreement, nor any of the rights or obligations under this Agreement, shall be assigned or transferred by Customer to any third party without LVT’s express prior written consent. LVT may transfer or assign this Agreement, or any of its rights or obligations under this Agreement, to any Affiliate or third party. This Agreement and the Schedules shall be binding upon and shall inure to the benefit of the Parties hereto and their respective permitted successors and permitted assigns.

11.3 Survival. The Sections of this Agreement which by their nature should survive termination or expiration of this Agreement will survive termination or expiration of this Agreement, including Sections 3, 4, 5.4, 5.6, 6, 7, 8, 9, and 12.

11.4 Entire Agreement; Amendment. This Agreement including all Schedules and Exhibits attached hereto is the complete and exclusive statement of the mutual understanding of the Parties relating to the subject matter of this Agreement, and supersedes and replaces any and all previous written and oral agreements, communications, and other understandings between the Parties relating to the subject matter of this Agreement. This Agreement and each Schedule in order to be effective shall have been signed by

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an authorized representative of each of the Parties. Any amendments or modifications to this Agreement or any Schedule shall be effective only to the extent they are made expressly in writing signed by each of the Parties. Any waiver of any of the terms or conditions of this Agreement or any Schedule by a Party shall be effective only to the extent they are made expressly in writing signed by such Party. No force or effect shall be given to any terms or conditions contained on or in any Customer purchase order or any other Customer form document issued by Customer to LVT under or in connection with this Agreement, even if accepted or not rejected by LVT. No agency, partnership, joint venture, franchise, or employment relationship of any kind is created or entered into between the Parties under or as a result of this Agreement or any Schedule. Customer does not and shall not have any authority or right of any kind to bind LVT, its Affiliates, suppliers, or licensors in any respect whatsoever.

11.5 Notices. All notices required or permitted to be given between the Parties under this Agreement shall be in writing and shall be deemed to have been duly given to the other Party at its address first listed above in this Agreement: (i) when received, if personally delivered; (ii) when received, if delivered by courier service; and (iii) upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.

11.6 Force Majeure. Neither Party shall be liable or responsible to the other Party under this Agreement or any Schedule for any failure or delay in fulfilling or performing any of its obligations under this Agreement or any Schedule (except for obligations of Customer to make payments of Fees to LVT hereunder) if and to the extent such failure or delay is caused by or results from events or acts beyond the affected Party’s reasonable control, including without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; pandemics; actions, embargoes or blockades in effect on or after the Effective Date of this Agreement; or national or regional emergency (each of the foregoing, a “Force Majeure Event”). The Party whose performance of its obligations under this Agreement or any Schedule is prevented or delayed by a Force Majeure Event shall give written notice thereof to the other Party, stating the period of time the occurrence of the Force Majeure Event is expected to continue and the affected Party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event on the performance of its obligations under this Agreement and applicable Schedule(s). Without limiting the foregoing, Customer acknowledges and agrees that LVT assumes no and shall have no responsibility or liability for any interruptions, delays, or failures in installation of the Hardware or for the consequences therefrom, however caused, or for any interruptions, delays, or failures of the SaaS Solution, Hardware, Software, Services, and/or any other components of the System or for the consequences therefrom, due to any Force Majeure Event, and LVT shall not be required to provide the SaaS Solution, Hardware, Software, Services, and/or any other components of the System to Customer or Users while such interruption, delay, or failure of the SaaS Solution, Hardware, Software, Services, and/or any other components of the System is due to any such Force Majeure Event.

11.7 Governing Law. This Agreement and the Schedules shall be governed by the laws of the State of California, and the applicable Federal laws of the U.S.A., without regard to conflict or choice of laws rules or principles. Any dispute between the Parties arising from or relating to this Agreement or any Schedule shall be instituted in the courts of competent jurisdiction located in the State of California. Each Party waives and agrees not to plead or claim that a dispute brought in such court has been brought in an inconvenient forum. Notwithstanding the foregoing, LVT shall have the right at any time to institute or bring any action or proceeding in any court of competent jurisdiction in California for injunctive or other equitable relief for or in connection with any Intellectual Property Rights of LVT or any Confidential Information of LVT.

11.8 Prevailing Party. In any arbitration, or legal action or proceeding between the Parties in connection with this Agreement or any Schedule, the prevailing Party in such arbitration, or legal action or proceeding will be entitled to recover and be awarded its costs and attorneys’ fees incurred by such Party in such arbitration, or legal action or proceeding.

11.9 Remedies. The rights and remedies of LVT under this Agreement, the Schedules, or otherwise available to LVT at law or in equity, are not exclusive, but rather shall be cumulative and the exercise of any particular right or remedy by LVT shall not preclude the exercise of any other rights or remedies by LVT in addition to, or as an alternative of, such right or remedy.

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11.10 Counterparts. This Agreement and each Schedule may be executed by the Parties in any number of counterpart originals, each of which shall be deemed an original instrument for all purposes, but all of which together shall comprise one and the same instrument. Signed copies of this Agreement and each Schedule may be delivered by a Party to the other Party by facsimile or email, and a facsimile or scanned copy of this Agreement and each Schedule so delivered shall be binding as an original.

12. DEFINITIONS

12.1 “Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with another entity, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.

12.2 “Customer” means the entity identified at the top of this Agreement as the Customer.

12.3 “Customer Data” means any information or data about Customer or Users that is supplied to LVT by Customer or any User in connection with their access to or use of the SaaS Solution or Services, or which LVT is required to access, use, generate, process, store, or transmit pursuant to this Agreement, including information about Customer’s and Users’ respective devices, computers, and use of the SaaS Solution or Services.

12.4 “Customer Personal Data” means any Customer Data that is personal data as defined under applicable Data Protection Laws.

12.5 “Data Protection Laws” means any applicable data protection laws, regulations, and legally binding codes of practice from time-to-time in force applicable to the performance of a Party’s obligations under this Agreement and any implementing legislation in the jurisdiction in which the Customer is located and any legislation which is analogous to and has the same object as the foregoing, namely the control and protection of data which is personal to individuals.

12.6 "Documentation" means all LVT documentation and/or other materials (including manuals, instructions, training materials, user guides, specifications, flow charts, technical and functional specifications, logic diagrams, and other support materials) for the access, use, operation, and/or functionality of the SaaS Services, Hardware, Software, Services, and/or other components of System provided or made available by LVT to Customer pursuant to this Agreement.

12.7 “Fees” means any and all fees and other amounts due from or payable by Customer to LVT as set forth on the Payment Schedule in a Schedule or as otherwise provided for in this Agreement or any Schedule.

12.8 “Hardware” means the LVT hardware and/or equipment listed or described in a Schedule and made available to Customer and Users by LVT under such Schedule and this Agreement, including any and all Updates of the preceding.

12.9 “Integration Software” means all (i) LVT proprietary software and (ii) open source software used in providing the SaaS Solution or Services which integrates with Customer’s network or application, including SSL or other VPN, Unix operating system, Microsoft application, or web application, as provided in the Documentation and any Updates, upgrades, fixes, or patches of the preceding developed and provided or made available to Customer by LVT under this Agreement from time-to-time.

12.10 “Intellectual Property Rights” means any and all patents, copyrights, trademarks, trade secrets, (including applications and registrations for any of the preceding rights), and any and all other intellectual, proprietary, and industrial property rights of whatever nature in each case in any part of the world and whether or not registered or registerable, for the full period of the applicable afforded rights and any and all extensions and renewals of any of the preceding where applicable.

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12.11 “Law(s)” means any and all laws, ordinances, statutes, rules, and regulations of any U.S. federal, state, or local governmental body or unit.

12.12 “LVT Admin Panel” means the LVT web portal currently accessible at https://vms.lvt.com, which allows Customer’s appointed Administrator(s) to, among other options, enroll and activate Users, issue and manage passcodes and bypass codes, and manage Customer’s and each User’s applicable mobile devices.

12.13 “LVT Mobile Software” means all LVT proprietary mobile software applications used in providing the SaaS Solution and Services to Customer, and any Updates, upgrades, fixes, or patches of the preceding developed and provided or made available to Customer by LVT under this Agreement from time-to-time.

12.14 “Payment Schedule” means the payment schedule for the Fees due from or payable by Customer to LVT as detailed in the applicable Schedule entered into between the Parties. The terms of the Payment Schedule in a Schedule may require Customer payment of such Fees to be paid to LVT either monthly on the first day of the calendar month, by ACH or credit card, annually, or multi-year and invoiced in advance, with payment due and payable in full from Customer to LVT within thirty (30) days of Customer receipt of LVT’s invoice therefor. Such Payment Schedule in a Schedule may also specify, among other things, a description of the SaaS Solution, Hardware, Software, Services, and/or other components of the System, maximum number of Users, initial Schedule Term, Fees, and such other charges and terms as agreed between the Parties in such Schedule.

12.15 “Performance Data” means any and all aggregate de-identified data and information from or relating to Customer’s and Users’ access to and/or use of the SaaS Solution, Hardware, Software, Services, and/or any other components of the System, including any performance, analytics, or statistical data, that LVT may collect, develop, or generate from time-to-time from or relating to Customer’s and Users’ access to and/or use of the SaaS Solution, Hardware, Software, Services, and/or any other components of the System.

12.16 “Personal Information” means any information relating to an identified or identifiable individual, including, but not limited to, name, postal or email address (or other online contact information such as an online user ID), telephone number, Social Security number (or its equivalent), driver’s license number (or other government-issued identification number), date of birth, demographic information, health or medical information, health insurance information, biometric data, account information (including checking, credit card, or other financial account information), personal identification number, access code, password, security questions and answers, next of kin contact information, Internet Protocol (IP) address, or any other unique identifier or one of more factors specific to the individual’s physical, physiological, mental, economic or social identity, in whatever format, including that contained in communications, documents, databases, records, or materials of any kind whether such data is in individual or aggregate form, and regardless of the media in which it is contained, including any of the foregoing that may be (i) disclosed to LVT by Customer or Users under this Agreement; (ii) processed by LVT under this Agreement; or (iii) derived by LVT from the information described in (i) or (ii) above in this Section. Personal Information includes cardholder data from Customer, including transaction authorization information, primary account numbers, service codes, expiration dates, full magnetic stripe data or equivalent on a chip, CAV2/CVC2/CVV2/CID, PIN number and other information within the scope of the Payment Card Industry Data Security Standard of the PCI Security Standards Council.

12.17 “SaaS Solution” means the LVT software-as-a-service solution listed or described in the applicable Schedule and made available to Customer and Users by LVT under such Schedule and this Agreement, including any and all Updates of the preceding.

12.18 “Services” means the installation, maintenance, support, LVT Amin Panel services, and other services provided, supplied, or made available to Customer and Users by LVT under this Agreement or any Schedule, including any and all Updates of the preceding.

12.19 “Schedule” means a written Schedule entered into between Customer and LVT that lists or describes the SaaS Solution, Hardware, Software, Services, Documentation, and/or any other components of the

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System, and/or any other products and/or services, that are ordered by Customer from LVT pursuant to such Schedule that shall be provided or made available to Customer and Users by LVT under such Schedule and this Agreement.

12.20 “Software” means the Integration Software and LVT Mobile Software, including any and all Updates of the preceding, that LVT provides or makes available to Customer or Users under this Agreement or any Schedule.

12.21 “System” means the SaaS Solution, Hardware, Software, Services, and Documentation provided or made available to Customer and Users by LVT under this Agreement or any Schedule.

12.22 “Updates” means any and all bug fixes, patches, corrections, enhancements, updates, or upgrades (including new versions) of or for the SaaS Solution, Software, or Services, as the case may be, which are provided or made available to Customer and Users by LVT under this Agreement or any Schedule.

12.23 “User” means any Customer user of the SaaS Solution, Hardware, Software, Services, and/or other components of the System whom Customer has authorized to enroll to access and use the SaaS Solution, Hardware, Software, Services, and/or other components of the System provided or made available to Customer and Users by LVT under this Agreement.

12.24 “Virus” means software computer instructions that: (i) adversely affect or disable the operation, security or integrity of a computing, telecommunications, or other digital operating or processing system or environment, including, without limitation, software, programs, data, databases, computer libraries, and computer and communications equipment, by altering, destroying, disrupting or inhibiting such operation, security or integrity; (ii) without functional purpose, self-replicate without written manual intervention; or (iii) purport to perform a useful function but which actually perform either a destructive or harmful function, or perform no useful function and utilize substantial computer, telecommunications or memory resources. *** Signature Page to Follow ***

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement below through their duly authorized respective representatives to be effective as of the Effective Date of this Agreement.

CUSTOMER: CITY OF VALLEJO
By:

Name: Jason Ta
Title: Acting City Manager
LIVEVIEW TECHNOLOGIES, INC.

By:

Name: John Thomas
Title: Head Corporate Counsel

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Exhibit A
Data Protection Addendum
This Data Protection Addendum ("DPA") is entered into under and forms part of the Master SaaS and Service Level Agreement ("Master Agreement") entered into by and between the Customer named in the Master Agreement and LiveView Technologies, Inc. ("LVT"). This DPA shall be effective as of the earlier of the Effective Date of the Master Agreement or the date that Customer Data is first processed (as defined below) by LVT. This DPA is incorporated into the Master Agreement by this reference. Except as modified below, the terms of the Master Agreement shall remain in full force and effect in accordance with the terms of the Master Agreement.

In consideration of the mutual obligations in this DPA, the parties hereto agree as follows:

1. Definitions. The following definitions apply in this DPA. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Master Agreement.

1.1 “CCPA” means the California Consumer Privacy Act of 2018, as may be amended, or superseded from time-to-time, as well as any implementing regulations. This includes the California Privacy Rights Act of 2020 (“CPRA”), which amends the CCPA.

1.2 "Data Subject" means an individual who is the subject of Customer Data.

1.3 “Customer Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Customer, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.

1.4 “Customer Data” means any information or data processed by LVT or any Subprocessor on behalf of a Customer Group Member pursuant to or in connection with the Master Agreement. Without limitation, Customer Data includes Personal Information.

1.5 “Customer Group Member” means Customer or any Customer Affiliate.

1.6 "Personal Information" means any information that (a) identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household; or (b) the applicable Data Protection Laws otherwise define as protected personal information, personal data, or the like.

1.7 "Data Protection Laws" means all applicable federal, state, provincial, municipal, and foreign laws and regulations relating to the processing, protection, or privacy of Personal Information that are applicable to a particular Party’s performance under the Master Agreement, including where applicable, the guidance and codes of practice issued by regulatory bodies (including industry self-regulation) in any relevant jurisdiction. This includes, but is not limited to, the CCPA, as well as any law or regulation that comes into effect after the date of execution of this DPA, including applicable data protection laws such as the California Consumer Privacy Act, the California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Utah Consumer Privacy Act, section 5 of the FTC Act, state data breach notification laws, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM” Act), the Telephone Consumer Protection Act (“TCPA”), and any other similar privacy, cybersecurity data protection laws applicable to the protection and processing of Personal Information that may be enacted during the term of this DPA.

1.8 “Security Incident" means any (a) unauthorized, acquisition, loss, access, or use of any Customer Data; or (b) breach of security leading to the accidental or unlawful destruction, loss, alteration, unavailability, unauthorized disclosure of or access to Customer Data. To clarify, the loss, theft, or unavailability of, or unauthorized access, disclosure, acquisition or other processing of Customer Data is a Security Incident whether or not the incident rises to the level of a security breach or incident requiring notification under the Data Protection Laws.

1.9 “Subprocessor" means any person or entity (including any third party and any LVT Affiliate but excluding LVT employees) appointed by or on behalf of LVT to process Customer Data on behalf of any Customer Group Member or that LVT otherwise makes Customer Data available for a business purpose.

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1.10 “LVT Affiliate" means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with LVT, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.

1.11 “collect,” “contractor,” “controller,” “process,” “processor,” “sell,” “share,” “sensitive personal information,” and “service provider” shall be interpreted as defined by that term or the similar and reasonably equivalent terms under applicable Data Protection Laws. Their cognate terms shall be construed accordingly.

Personal Information Types and Processing Purposes

1.12 As between the parties hereto, Customer is the controller of the Customer Data and LVT is the processor or service provider, as applicable. As such, Customer retains control of the Customer Data and remains responsible for its compliance obligations under the applicable Data Protection Laws, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to LVT.

1.13 Each party hereto shall comply with all applicable Data Protection Laws in the processing of Customer Data and provide the same level of privacy protection as may be required by the applicable Data Protection Laws.

LVT's Obligations

1.14 Customer Data is disclosed to LVT (or collected by LVT on behalf of a Customer Group Member) only for the limited purpose of providing the SaaS Solution, Services, or as otherwise set forth in the Master Agreement. LVT will only process Customer Data as a processor or service provider, as applicable, and only to the extent, and in such a manner, as is necessary for LVT to provide the SaaS Solution, Services, or as otherwise set forth in the Master Agreement in accordance with Customer's written instructions.

Customer and LVT acknowledge and agree that the Master Agreement (including any Schedules, orders made, and statements of work executed thereunder) and this DPA constitute Customer’s instructions to LVT at the time of signing of this DPA.

1.15 LVT is prohibited from (a) selling or sharing the Customer Data; (b) retaining, using, or disclosing the Customer Data for any purpose other than for providing the SaaS Solution, Services, or as otherwise set forth in the Master Agreement as directed by Customer or as otherwise required by Data Protection Laws; (c) retaining, using, or disclosing the information outside of the direct business relationship between LVT and Customer; (d) combining Customer Data with Personal Information that the LVT receives on behalf of another person or entity, or collects from its own interactions with a Data Subject unrelated to the SaaS Solution, Services, or as otherwise set forth in the Master Agreement; and (e) knowingly collecting Customer Data that qualifies as sensitive personal information unless expressly instructed to do so by Customer.

1.16 LVT must promptly notify Customer if LVT determines that it can no longer meet its obligations under applicable Data Protection Laws.

1.17 LVT will maintain the confidentiality of all Customer Data, will not disclose it to anyone unless Customer, the terms of the Master Agreement or any Schedule, or this DPA specifically authorizes the disclosure, or the disclosure is required by law. If a law requires LVT to process or disclose Customer Data, LVT must first inform Customer of the legal requirement and give Customer an opportunity to object or challenge the requirement, unless the law prohibits such notice.

1.18 LVT will reasonably assist Customer to meet its compliance obligations under the Data Protection Laws, taking into account the nature of LVT's processing and the information available to LVT.

1.19 Any notice or method used by LVT in connection with the collection of Customer Data by LVT must be consistent with LVT’s obligations in the Master Agreement, this DPA, and the applicable Data Protection Laws. Without limitation, any such notice or method must be consistent with LVT being a “service provider” or “processor” to Customer, as those terms are defined under the applicable Data Protection Laws.

1.20 LVT grants to Customer the right, upon notice, to take reasonable and appropriate steps to (a) help ensure that LVT uses Customer Data in a manner consistent with Customer’s obligations under the Data Privacy and Protection Laws; and (b) stop and remediate unauthorized use of Customer Data.

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1.21 If the Master Agreement permits LVT to deidentify or anonymize Customer Data or create or use aggregate Data Subject information (collectively, “Deidentified Data”), LVT must do so in a way so that it no longer meets the applicable Data Protection Laws’ definition of Personal Information, and in a manner that cannot be reconstructed to identify any Customer Group Member. LVT will (a) take reasonable measures to ensure that the Deidentified Data cannot be associated with a natural person or Customer Group Member; (b) publicly commit to maintaining and using the Deidentified Data without attempting to re-identify the data; and (c) contractually obligate recipients of Deidentified Data to comply with all provisions of this Section.

1.22 If the Services use or incorporate technology that uses machine learning, artificial intelligence, or other similar technologies (together, “AI Technology”), LVT represents and warrants that it will use reasonable and appropriate safeguards in its design and operation of AI Technology including, without limitation, to identify and mitigate the risk of bias, prevent discrimination, and otherwise meet reasonable industry practices and evolving legal and regulatory obligations applicable to the development and use of AI Technologies.

1.23 LVT shall cooperate with and assist Customer in its response to (and fulfillment of) Data Subject requests. If LVT receives a request directly from a Data Subject to exercise their rights under to applicable Data Protection Laws with respect to their Customer Data, then LVT shall promptly inform the Data Subject that the request cannot be acted upon because it has been sent to a service provider or processor, as applicable.

2. Complaints and Third-Party Requests

2.1 LVT must promptly notify Customer (but in no event later than three (3) business days) if it receives any complaint, notice, or communication that directly or indirectly relates to (i) Customer’s compliance with the Data Protection Laws; or (ii) LVT’s compliance with the Data Protection Laws related to its processing of Customer Data.

2.2 LVT will not disclose Customer Data to any third party unless authorized by Customer or required by law. If government or regulatory authority demands access to Customer Data, LVT will notify Customer prior to disclosure, unless such notification is prohibited under applicable law.

2.3 LVT shall implement reasonable safeguards designed to ensure that access to Customer Data is restricted to only those LVT personnel who have a need to know such information to enable LVT to perform its obligations under the Master Agreement and this DPA. LVT’s personnel engaged in the processing of Customer Data shall be informed of the confidential nature of the Customer Data, have received training regarding their responsibilities with respect to Customer Data comprising Personal Information, and are aware of their obligations of confidentiality with respect to Personal Information. Further, LVT will take reasonable steps to ensure the reliability, integrity, and trustworthiness of all of LVT's personnel with access to the Customer Data.

3. Security Practices. LVT must at all times implement reasonable and appropriate technical and organizational measures designed to safeguard Customer Data against unauthorized or illegal access, destruction, use, modification, processing, copying, or disclosure and against accidental loss, destruction, or damage including, but not limited to, the security compliance requirements set forth in Appendix A (“Security Compliance Requirements”) attached to this DPA. LVT must document those measures in writing and periodically review them, at least annually, to ensure they remain current and complete. Further, LVT must take reasonable precautions to preserve the integrity of any Personal Information it processes and to prevent any corruption or loss of the Personal Information, including but not limited to establishing effective back-up and data restoration procedures.

4. Security Incidents. LVT will within 48 hours notify Customer if it becomes aware of any Security Incident. Upon becoming aware of any Security Incident, LVT will take prompt action to reasonably contain, mitigate risks and further harm, and recover from the Security Incident in a manner that preserves relevant evidence and can support an appropriate subsequent investigation. LVT will also reasonably cooperate with and provide assistance to Customer to support Customer’s review, investigation and response to the Security Incident. This coordination may include: (a) assisting with any forensic investigation or review of the incident; (b) providing Customer with physical access to any facilities and operations affected; (c) facilitating interviews with LVT’s and its Subprocessors’ personnel, former employees and others involved

20 20
in the matter as may be appropriate; and (d) making available all relevant and non-privileged records, logs, files, data reporting, forensic reports, and other materials required to comply with all Data Protection Laws or as otherwise reasonably required by Customer. LVT will cover all reasonable expenses associated with the performance of the obligations under this Section, unless the matter arose from the Customer’s specific instructions, negligence, willful default, or breach of this DPA, in which case Customer will cover all such reasonable expenses. LVT will also reimburse Customer for actual reasonable expenses incurred by Customer when responding and mitigating damages, to the extent that the Security Incident was caused by LVT.

5. Cross-Border Transfers. LVT shall store Customer Data on servers or equipment located in the United States.

6. Subprocessors

6.1 LVT may authorize a Subprocessor to process the Customer Data only if: (a) the Customer is given an opportunity either to opt out or to object within 30 days after the LVT supplies the Customer with details regarding such Subprocessor; (b) LVT enters into a written contract with the Subprocessor that contains terms substantially the same as those set out in this DPA; and (c) the LVT maintains control over all Customer Data it entrusts to the Subprocessor.

6.2 In the event Customer exercises its right to object to a new Subprocessor as described above in this Section, LVT will use reasonable efforts to make available to Customer a change in the SaaS Solution or Services or recommend a commercially reasonable change to Customer’s configuration or use of the SaaS Solution or Services to avoid processing of Customer Data by the objected-to new Subprocessor without unreasonably burdening the Customer. If LVT is unable to make available such change within a reasonable time period, which shall not exceed thirty (30) days, Customer may terminate the applicable Schedule, order form, or agreement that relates to such SasS Solution or Services which cannot be provided by LVT without the use of the objected-to new Subprocessor by providing written notice of such termination to LVT. LVT will refund to Customer any prepaid fees covering the remainder of the term of such Schedule, order forms, or agreement, as applicable, following the effective date of such Customer termination with respect to such terminated service.

6.3 Subject to the terms and conditions of sections 6.1 and 6.2, a Subprocessor located outside of the United States may view, monitor, and otherwise process Customer Data. However, no Subprocessor will download Customer Data to any system, service, or other equipment physically located outside of the United States.

6.4 LVT will be liable for the acts and omissions of its Subprocessors (and their downstream Subprocessors) to the same extent that LVT would be liable if performing the services of each Subprocessor directly. Nothing in this Section shall limit any requirements or obligations imposed on LVT relating to LVT’s use of Subprocessors in the Master Agreement.

7. Term. This DPA will remain in full force and effect so long as: (a) the Master Agreement remains in effect; or (b) LVT retains any Customer Data related to the Master Agreement in its possession or control (the "Term").

8. Data Return and Destruction. Upon written request from Customer to LVT and/or on expiration or termination of the Master Agreement for any reason, within thirty (30) calendar days of receipt of the request or expiration or termination of the Master Agreement, LVT will return and not retain, all or any Customer Data in its possession or control, except that LVT may temporarily retain one copy made for backup purposes in the ordinary course; provided that such archive copy will be subject to the ongoing obligations contained herein and shall be destroyed upon the normal expiration of backup files. LVT shall provide any such returned Customer Data in the format and media reasonably specified by Customer, together with information sufficient for Customer to interpret such information. If any law, regulation, or government or regulatory body requires LVT to retain any documents or materials that LVT would otherwise be required to return or destroy, it will notify Customer in writing of that retention requirement, giving details of the documents or materials that it must retain, the legal basis for retention, and establishing a specific timeline for destruction once the retention requirement ends. LVT may only use this retained Customer Data for the

21 21
required retention reason or audit purposes. Upon request, LVT will certify in writing that it has destroyed the Customer Data.

9. Assessments; Privacy and Security Reports

9.1 During the Term and for two (2) years after this DPA terminates, upon reasonable written request of Customer, upon at least 30 days’ notice, LVT shall allow, and cooperate with, reasonable assessments by Customer or Customer’s third-party representatives to evaluate LVT’s compliance with the terms of this DPA. The notice requirements herein will not apply if Customer reasonably believes that a Security Incident has occurred or is occurring, or LVT is in breach of any of its obligations under this DPA. Customer’s will limit its right to conduct assessments of LVT to no more than once per calendar year, unless Customer reasonably believes that a Security Incident has occurred or is occurring.

9.2 At least once per year during the Term, LVT will conduct site audits of its Personal Information processing practices and the information technology and information security controls for all facilities and systems used in complying with its obligations under this DPA, including, but not limited to, obtaining a network-level vulnerability assessment performed by a recognized third-party audit firm based on recognized industry practices. Upon Customer's written request to LVT, LVT will make all of the relevant security audit reports available to Customer for review, which may include as applicable: Statement on Standards for Attestation Engagements (SSAE) No. 18 audit reports for Reporting on Controls at a Service Organization, reports relating to its ISO/IEC 27001 certification and other similar reports. Customer will treat such audit reports as LVT's confidential information under the Master Agreement.

9.3 LVT will promptly address any material issues, concerns, or exceptions noted in assessments or reports or with the development and implementation of a corrective action plan, that addresses any such issues, concerns, or exceptions.

22 22

APPENDIX A
Security Compliance Requirements

1. Application of Security Compliance Requirements. These Security Compliance Requirements apply to all Customer Data which is: (A) processed by LVT; (B) provided by or on behalf of Customer to LVT; (C) learned or otherwise used by LVT in connection with the performance of Services; or (D) otherwise collected or gathered from Customer in connection with the Services. Notwithstanding any contrary terms or conditions in the Master Agreement or any agreements between LVT and Customer, any exclusion in the Master Agreement or such agreements to the definition of Confidential Information shall not apply to Customer Data.

2. Generally Applicable Security Compliance Requirements: In all events, with respect to Customer Data, LVT shall:
a. follow the industry practice of ISO 27002:2005, Information Technology – Security Techniques - code of Practice for Information Security Management (“ISO Security Standard”), NIST 800-53, SSAE 18, or a similar industry framework.
b. logically and/or physically segregate Customer Data from the data of any third party (excluding, for the avoidance of doubt, data of Customer and its Affiliates necessary for LVT to fulfill its obligations or exercise its rights in or under the Master Agreement) and implement the rule of least privilege and reasonable industry standard access controls.
c. encrypt (utilizing AES-GSM 256-bit encryption or better) Customer Data if it is stored on network infrastructure owned and/or managed by LVT or on any approved cloud hosted infrastructure, or where Personal Information is transmitted over the internet or on a portable device. d. when deleting Customer Data, LVT shall comply with “NIST Guidelines for Media Sanitization (Draft SP 800-88)”.
e. implement Multi-Factor Authentication (“MFA”) for any external access to an internal network where Customer Data is accessible.
f. notify the Customer Information Security organization promptly of any Security Incident by sending email to a designated email provided by Customer to LVT in writing, in addition to notifying the primary business contact at Customer. Such notification must be made in conformance with the timing requirements set forth in the DPA. The notification requirements and recipients in this Section 2(F) are in addition to the notification requirements and obligations in the main body of the DPA. g. take prompt corrective action(s) to remedy a violation of (and to prevent any future violation of) any Security Compliance Requirement.
h. regularly monitor for and take prompt corrective action(s) to remediate any vulnerabilities or security concerns (i) identified by Customer; or (ii) identified by LVT and which present a high or critical risk to the systems that support the Services to Customer and/or Process Customer Data. i. implement corrective action(s) for each of the above provisions (G) through (H) in a timeframe reasonably appropriate in light of the risk or as otherwise agreed upon with Customer. j. maintain cybersecurity liability insurance reasonable and appropriate to the nature of LVT’s business and Services provided to Customer.

3. Certification Requirements: Company shall:
a. comply with both the general certification requirements set forth in this Section and any other applicable certification requirement(s) set forth elsewhere in these Security Compliance Requirements or LVT’s agreement(s) with Customer.
b. provide certification of compliance with the applicable Security Compliance Requirements by either obtaining such certification from an independent information security service company or through an annual self-assessment and certification, as approved by Customer. c. provide written certification to Customer that Customer Data has been destroyed in accordance with the requirements of this Appendix A.

The D3 Live Unit is a cutting-edge, cloud-based security system. It provides a turn-key mobile solution for perimeter detection, deterrence, and alert-based monitoring. It is completely portable and is easy to deploy, relocate, or remove because it does not require hardwired connections. Instead, The D3 Live Unit combines solar power and batteries with cellular connectivity and proprietary software to protect your property.

KEY FEATURES
D3 SECURITY

DISCOVER, DETER, DEFEND
• Cloud-based automated alerts (email, SMS)
• Active deterrence (flood light, two-way
speaker, strobe lights)
• Live streaming and 24/7 recording
accessible through cellular connectivity
• Thermal analytics detect day and night
• Self-sufficient power management with
tamper-resistant battery backup
• iOS and Android apps
• Optional live monitoring services
• Infrared analytics detect day and night

1. TWO-WAY SPEAKER

2. ANTENNA

3. STROBE LIGHT (L)

4. STROBE LIGHT CENTER

5. STROBE LIGHT (R)

6. FLOOD LIGHT

7. EDGE CONTROLLER
2TBSSD (INSIDE)

8. TOOL-LESS

INSTALLATION

TECHNICAL SPECIFICATIONS

MEASUREMENTS
WEIGHT 1,900 lbs
SUSPENSION 3,500 lbs axle & springs
TIRE SIZE 13”
POWER
24 V DC @ 24 watts (disarmed)
@ 35 watts (armed)
@ 100 watts (max, floodlight on)
SOLAR GENERATION 800 watts
BATTERY CAPACIT Y 460 AH
1 2
4 5
6 3 7
8 LENGTH WIDTH HEIGHT
DEPLOYED 103” 96” 264”
TRANSPORT 100” 68” 102”
TOW 135” 68” 102”

\tbx_2_sch1\
This Schedule, including the attached Quote, together with that certain Master SaaS and Service Level Agreement by and between LiveView Technologies, Inc. (“LVT”) and City of Vallejo, CA (“Customer”) dated as of 7/17/2025 ("MSLA"), sets forth the terms and conditions under which LVT will provide Customer with the products and services set forth on the Quote below (“Services”).

By executing this Schedule, Customer agrees to subscribe to the Services and to be bound by the terms and conditions of the MSLA. The MSLA is legally binding on Customer and Customer’s end users and governs their subscription to and use of the Services. Customer should carefully read the MSLA before executing and submitting this Schedule. This Schedule and the MSLA will not be binding on LVT until LVT confirms acceptance by executing this Schedule.

The person executing and submitting this Schedule hereby represents and warrants to LVT that they have the legal authority to bind the Customer to the Schedule and MSLA. Upon LVT’s acceptance of this Schedule, this Schedule and the MSLA represent the entire agreement between the Customer and LVT regarding the provision of Services by LVT to Customer.

Please check “yes” if you require a purchase order for this sale. \dd_1_po\

LVT will collect applicable sales tax on all sales unless a valid tax exemption certificate is provided at the time of sale. If you are tax-exempt, please check “yes” and provide a copy of your tax exemption certificate to ensure your exemption is applied.
\dd_1_te\
Agreed and Accepted on \d1\ Agreed and Accepted on \d2\ City of Vallejo, CA LiveView Technologies, Inc.

\s1\ \s2\
[Signature] [Signature]
\n1\ \n2\
[Name] [Name]
\t1\ \t2\
[Title] [Title]

802 E 1050 S Order Form #: Q-35632
American Fork, UT 84003 Date: 7/18/2025
Phone: (801) 221-9408 Expires On: 8/16/2025
DUNS Number: 196941160 Payment Schedule: Prepaid
Federal Tax ID (EIN): 20-2350309 Payment Terms: Net 30
Email: [email protected]
Company: Prepared By:

City of Vallejo, CA Eric Smith
Jerome Bautista Enterprise Account Executive - SLED
555 Santa Clara St Ste 4 [email protected]
Vallejo, California 94590
United States For information on LVT's licenses,
please see https://www.lvt.com/licenses
Payment Schedule Details
Payment Schedule: Prepaid Subscription Details
Payment Terms: Net 30 Subscription Term (Months): 12
MSA: Negotiated MSLA
Start Date: 7/17/2025
End Date:

The period between the Start Date
and End Date is the "Term".

Vallejo Fairgrounds Plaza
QTY Monthly Total /
unit
Term Total /
unit
Contract Total
Subscription - Prepaid $2,200.00
Mobile Mounting Structure - Solar - White $0.00 $0.00
ARS-Expanded $500.00
Setup Fee $0.00 $0.00 $0.00
Shipping Fee $0.00 $0.00 $0.00
Subtotal (pre-tax): $32,400.00 $64,800.00
Quote Total:

Pre-Tax Quote Total: $
Marketing Terms
N/A
Equipment Relocation/Shipping Costs
Both offsite and onsite relocations are subject to a relocation setup fee of $400.00 plus applicable shipping.

Data Usage Charges
All quoted prices are listed pre-tax. LVT will make the Services available through the use of cellular data connectivity. Unless otherwise agreed to in writing, customer will have access to 5 gigabytes of cellular data per month for a standard LVT Omni unit. Customer will have access to 15 gigabytes of cellular data per month for a LVT D3 security unit. Data usage will be reset to zero on the first day of each month. Customers who go over their data usage will be charged $10.00 per gigabyte.

Local Permitting Requirements
Alarm permit requirements vary by location. It is Customer's responsibility to find out if their municipality has an alarm permit requirement and to obtain and pay for the permit before the LVT unit is set up.

Third-Party Alert Response Services Packages
ARS-STANDARD - Up to 12 hours of alerting. Intermittent traffic. Will use audio for non-threatening alerts.

Up to 15 alerts per day.

ARS-EXPANDED - More than 12 hours of alerting. High traffic. Alerts for general surveillance and loitering are expected. 15-50 alerts per day.

ACTION ITEM 9.F.

DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
SUBJECT: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT TWO-

STEP PROCESS FOR AGENDIZING

RECOMMENDATION
Discuss and provide direction to staff on the following:

1. Current List of City Council referrals from January 1 to June 30, 2025

2. Current Two-Step Process for agendizing

REASONS FOR RECOMMENDATION
City staff needs direction from Council on whether to scope and implement Council referrals including any changes to the current “two-step process” for agendizing.

BACKGROUND AND DISCUSSION
City Council referrals are requests for future Council agenda items or special projects that the City Council directs City staff to research and possibly implement in addition to staff’s routine work and projects required by other City work planning processes, such as the strategic plan and the budget processes. In Vallejo, the City Council requests and provides direction to staff on referrals through the following process:
• A Council Member requests, during the Report of the Presiding Officer and Members of the City Council portion of a Council Meeting, that the City Council consider at a future meeting whether to direct staff to develop a scope (tasks, schedule, and budget) to implement a project regarding a particular issue.
• At a future meeting, City staff agendizes Council discussion and action (majority, via minute order) on whether to direct staff to scope a project regarding the issue. The Council Member that originally requested the referral describes the issue and objective (Step 1). • If approved in Step 1, City staff prepares a scope and agendizes Council discussion and action on whether City staff shall implement the scope.
• Council considers the information at a future meeting (Step 2) and if approved in Step 2, City staff implements the project and completes the work.

This process is similar to that used by many other jurisdictions.

Staff presented a number of referrals that predate the current Council to the newly seated City Council on February 11, 2025. The item was continued to a special meeting held on February 18, 2025. At that meeting, staff presented the staff developed scopes for 16 referrals requested by the City Council on September 10, 2024 and the list of 13 referrals added between December 10, 2024 and January 28, 2025. City Council directed staff as follows:

Date: July 22, 2025
Subject: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT

TWO-STEP PROCESS FOR AGENDIZING

Agendize within one month (1)
• Update on the status of negotiations with the Sheriff's Office regarding law enforcement assistance

Agendize within the next two months (6)
• Update on current state of permitting process with PDS and ways for improvement for the process to be more accessible
• Update on City whistleblower policy and procedure
• Update on the Scotts Valley Band of Pomo Indians casino project • Update on the City's disaster preparedness
• Closed session to review City Manager’s recent performance evaluation • Closed session to review City Attorney’s recent performance evaluation

Agendize beyond the next two months (1)
• Presentation of marina condition issues

No need to agendize as Council referral because it is already a standing agenda item (quarterly, the next one will take place on 3/11/25) (1)
• Update on City litigation

Since the February 18 meeting, an additional 16 items were added. Staff intends to get Council direction on all the outstanding referral requests prior to January 1, 2025 at the upcoming goal setting workshop, tentatively scheduled for September 2, 2025.

The breakdown of the 26 referral requests from January 1, 2025 to current are as shown in the table below are as follows:
• 7 are complete
• 12 are pending Council decision on whether to direct staff to scope and are highlighted in yellow in the table below.
• 5 are in various stages of work by staff towards completion • 2 are awaiting to be agendized by direction from Council on February 18, 2025. One is highlighted in green in the chart below. The other is an update on the status of permitting process with PDS and ways for improvement for the process to be more accessible. This referral request was made by Councilmember Palmares on December 10, 2024.
• 1 is considered ongoing in the case of overview of litigation which is updated on a quarterly basis by the City Attorney’s Office

Table 1: Referrals from January 1, 2025 to current:

Date: July 22, 2025
Subject: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT

TWO-STEP PROCESS FOR AGENDIZING

Number Requester Date
Requested
(Step 0)
Topic Current Status
1 Lediju 14-Jan-25 Whistleblowing
Policy/Program
Various Stages of work by staff to
completion. May 13, 2025 Council
agenda. Item to return to Council in
July 2025 with a revised policy
2 Lediju 14-Jan-25 Update on the status of the
negotiations with the Sheriff's
Office regarding law
enforcement assistance
Completed. Special Council meeting
held March 6, 2025. Item returned to
Council April 8, 2025. Contract
approved by Council on June 17.
3 Lediju 14-Jan-25 Update on the Scotts Valley
Band of Pomo Indians Casino
Project
Completed. Update/Letter to US
Department of Interior to Rescind its
1/10/25 Gaming Egibility
Determination on May 27 agenda.
4 Gordon 14-Jan-25 Update on the City's Disaster
Preparedness
Completed. Presentation on May 13,
2025
5 Matias 14-Jan-25 Public Safety Workshop Completed. Workshop held on February 4, 2025
6 Matias 14-Jan-25 Evaluation of Existing City
Boards, Commissions and
Committees
Various stages of work by staff
towards being agendized: Staff is
working with Consultant to Finalize
and bring to Council.
7 Sorce 28-Jan-25 Overview of City litigation Ongoing. Updates by CAO on a quarterly basis in Closed Session.

March 11 closed session was the last
update.
8 Sorce 28-Jan-25 Closed session to review City
Manager's recent
performance evaluation
Completed. March 25, 2025 Closed
Session
9 Sorce 28-Jan-25 Closed session to review City
Attorney's recent
performance evaluation
Completed. March 25, 2025 Closed
Session
10 Matias February 11-
2025
Presentation on Marina
Condition Issues
Awaiting to be Agendized. Direction
from Council at 2/18/25 special
meeting to agendize within next 2
months
11 Matias 25-Feb-25 Discussion & consideration of
Vision Zero Policy for COV
Awaiting Scoping: Awaiting council
direction whether or not to scope
12 Bregenzer 11-Mar-25 Mare Island Company update
on Connolly Corridor
Awaiting Scoping: Awaiting council
direction whether or not to scope

Date: July 22, 2025
Subject: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT

TWO-STEP PROCESS FOR AGENDIZING

13 Palmares 25-Mar-25 Council consider Mare Island
Preserve added to
Congressman Garamendi's
bill to transfer to federal
government
Completed. May 27, 2025 agenda.

No action was taken to move forward.
14 Matias 22-Apr-25 Creation of Sonoma Blvd. Ad-
hoc Committee
Awaiting Scoping. Awaiting council
direction whether or not to scope
15 Sorce 22-Apr-25 Sperry Mills Site Awaiting Scoping. Awaiting council direction whether or not to scope
16 Gordon 22-Apr-25 California Forever on Mare
Island Navy Shipyard/Ship
Act
Awaiting Scoping. Awaiting council
direction whether or not to scope
17 Council 13-May-25 Council action to provide
Public Safety Staffing
Emergency with Response
Times, including iHart Update
within 30 days
Various Stages of work by staff to
completion. On June 24, 2025
Council Agenda. Continued to July 8,
2025
18 Council 13-May-25 Council action to present
Alarm Ordinance as soon as
possible
Various Stages of work by staff to
completion. Tentatively scheduled
for July 22, 2025 regular council
meeting.
19 Council 13-May-25 Council action to present
Security Guard Contract as
soon as possible
Various Stages of work by staff
towards agendizing.
20 Palmares
& Gordon
24-Jun-25 Prostitution Ordinance Awaiting Scoping. Awaiting council direction whether or not to scope
21 Palmares 24-Jun-25 Red Light Abatement Act
Ordinance
Awaiting Scoping. Awaiting council
direction whether or not to scope
22 Palmares 24-Jun-25 Long-Term Financial Plan Awaiting Scoping. Awaiting council direction whether or not to scope
23 Matias 8-July-25 Reduction of speeds in
school sites from 25 mph to
15 mph
Awaiting Scoping. Awaiting council
direction whether or not to scope
24 Matias 8-July 25 Gun Violence Restraining
Order (IGVRO)
Awaiting Scoping. Awaiting Council
direction whether or not to scope
25 Matias 8-July-25 Use of AB 22 to Reduce
Speeds in Designated
Business Districts
Awaiting Scoping. Awaiting Council
direction whether or not to scope
26 Matias 8-July-25 Update to the Social
Nuisance Ordinance
Awaiting Scoping. Awaiting Counci
direction whether or not to scope

Date: July 22, 2025
Subject: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT

TWO-STEP PROCESS FOR AGENDIZING

City staff seek the Council’s direction on whether to proceed to agendize the 12 that are awaiting scoping and the 2 that are awaiting to be agendized per direction from the City Council at its February 18 special meeting whether on a date certain, and whether to eliminate any of these items. One of the referrals added in January 14, 2025 is a duplicate of a previous referral (review of City’s existing boards, commissions, and committees).

The updated spreadsheet of all referrals from January 1 to July 8, 2025 is provided as Attachment 1 to this staff report.

Current Referral Process
Staff is also seeking Council’s direction on the current referral process. Vallejo Municipal Code Section

2.02.230 in part, allows for items of business to be included on the agenda at the request of the mayor, by individual councilmember, by the city manager, or by the city attorney.

In Vallejo, the City Council requests and provides direction to staff on referrals through the process outlined on Page One of this staff report. Included as Attachment 2 is the Council staff report from a former City Manager outlining the process followed to date which a former Council agreed to. This was done to formalize Councilmember requests to provide a structured way for all councilmembers to request items to ensure all requests are treated equitably, address and allow staff time to prioritize and allocate resources efficiently and help to align agenda items with broader policy goals, strategic plans, and council priorities.

If the Council wishes to deviate from the current procedure, a suggestion that a neighboring city utilizes is provided for your consideration below.

Report of the Presiding Officer and Members of the City Council In addition to the report on meetings and events attended, under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a special follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following:
• Staff provide information on a topic to Council in a memorandum • Staff schedule a presentation to Council by an outside party at a future Council meeting • Staff schedule a report to Council by staff at a future Council meeting • Staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue
• Staff present proposed City legislation/policy (resolution or ordinance) to City Council at a future meeting

Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan.

Until Chapter 2.02 of the Vallejo Municipal Code is revised, staff recommends that the City Council continue utilizing the “Report of the Presiding Officer and Members of the City Council” section of the agenda to request items for future meetings.

FISCAL IMPACT

Date: July 22, 2025
Subject: DISCUSSION AND DIRECTION ON CITY COUNCIL REFERRALS AND CURRENT

TWO-STEP PROCESS FOR AGENDIZING

The fiscal impact of providing a staff update on a Council topic of interest is negligible.

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

ATTACHMENTS

1. 2025 Council Referral Requests 061825

2. February 8, 2011 Staff Report Formalizing the Procedure for Requesting Staff Reports

CONTACT
Andrew Murray, City Manager (707) 648-4576
[email protected]
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]

Number Requester
Date Requested
(Step 0) Topic Current Status
Decision to Direct Staff
to Scope (Step 1) on
Agenda
Step 1 Action
(Approved/Denied)
Decision to Direct
Staff to Implement
(Step 2) on Agenda
Step 2 Action
(Approved/Denied) Completed
Implementation
Completion Date
Responsible
Department Step Notes Other Notes
1 Lediju 14-Jan-25 Whistleblowing Policy/Program
On May 13, 2025 Council agenda. Item to
return to Council in July 2025 with a
revised policy Human Resources
2 Lediju 14-Jan-25
Update on the status of the
negotiations with the Sheriff's
Office regarding law enforcement
assistance
Special Council meeting held March 6,
2025. Item returned to Council April 8,
2025. Contract approved by Council on
June 17
City Manager, City
Attorney & Police
Chief
3 Lediju 14-Jan-25
Update on the Scotts Valley Band
of Pomo Indians Casino Project
Update/Letter to US Department of
Interior to Rescind its 1/10/25 Gaming
Elibility Determination on May 27
agenda. 27-May-25 City Manager
4 Gordon 14-Jan-25
Update on the City's Disaster
Preparedness Presentation on May 13, 2025 13-May-25 Fire 5 Matias 14-Jan-25 Public Safety Workshop Workshop held on February 4, 2025 4-Feb-25 City Manager & Police 6 Matias 14-Jan-25
Evaluation of Existing City
Boards, Commissions and
Committees
Staff is working with Consultant to
Finalize and bring to Council. City Manager
7 Sorce 28-Jan-25 Overview of City litigation
Conduct on a quarterly basis in Closed
Session. March 11 closed session update City Attorney
8 Sorce 28-Jan-25
Closed session to review City
Manager's recent performance
evaluation
March 25, 2025
Closed Session
9 Sorce 28-Jan-25
Closed session to review City
Attorney's recent performance
evaluation
March 25, 2025
Closed Session
10 Matias February 11-2025
Presentation on Marina Condition
Issues
Direction from Council at 2/18/25
special meeting to agendize within next
2 months 2/18/2025 2/18/2025 Public Works
11 Matias 25-Feb-25
Discussion & consideration of
Vision Zero Policy for COV
Awaiting council direction whether or
not to scope
12 Bregenzer 11-Mar-25
Mare Island Company update on
Connolly Corridor
Awaiting council direction whether or
not to scope
13 Palmares 25-Mar-25
Council consider Mare Island
Preserve added to Congressman
Garamendi's bill to transfer to
federal government
May 27, 2025 agenda. No action was taken
to move forward. 27-May-25 City Manager
14 Matias 22-Apr-25
Creation of Sonoma Blvd. Ad-hoc
Committee
Awaiting council direction whether or
not to scope
15 Sorce 22-Apr-25 Sperry Mills Site
Awaiting council direction whether or
not to scope
16 Gordon 22-Apr-25
California Forever on Mare
Island Navy Shipyard/Ship Act
Awaiting council direction whether or
not to scope
17 Council 13-May-25
Council action to provide Public
Safety Staffing Emergency with
Response Times, including iHart
Update within 30 days
On June 24, 2025 Council Agenda.

Continued to July 8, 2025 Police
18 Council 13-May-25
Council action to present Alarm
Ordinance as soon as possible
Tentatively scheduled for July 22, 2025
regular council meeting Police & CAO
19 Council 13-May-25
Council action to present
Security Guard Contract as soon
as possible Police & CAO
20 Palmares &
Gordon 24-Jun-25 Prostitution Ordinance
Awaiting council direction whether or
not to scope Police & CAO
21 Palmares 24-Jun-25
Red Light Abatement Act
Ordinance
Awaiting council direction whether or
not to scope Police & CAO
22 Palmares 24-Jun-25 Long-Term Financial Plan
Awaiting council direction whether or
not to scope City Manager & Finance
23 Matias 8-Jul-25
Reduction of speeds in school
sites from 25 mph to 15 mph
Awaiting council direction whether or
not to scope
Originally requested at 2/18/25 Public Safety
Workshop
24 Matias 8-Jul-25
Gun Violence Restraining Order
IGVRO)
Awaiting council direction whether or
not to scope
Originally requested at 2/18/25 Public Safety
Workshop
25 Matias 8-Jul-25
Use of AB 22 to Reduce Speeds in
Designated Business Districts
Awaiting council direction whether or
not to scope
Originally requested at 2/18/25 Public Safety
Workshop
26 Matias 8-Jul
Update to the Social Nuisance
Ordinance
Awaiting council direction whether or
not to scope
Originally requested at 2/18/25 Public Safety
Workshop

TO:FROM:SUBJECT:

March22,2011MayorandMembersoftheCityCouncilPhilBatchelor,CityManagerCOUNCILMEMBERREFERRALS Date
RECOMMENDATIONS:1.AcknowledgethatthefollowingprocedurewaspreviouslyadoptedbytheCityCounciltoformalizeCouncilmemberrequeststoallocatetheCity'sscarcestaffresourcestoprovideinformation,analysis,revieworstudy.A.Ataregularly-scheduledCouncilmeetingacouncilmemberidentifiestheproposedworkitemheorshewouldliketohavestaffundertake;TheMayor(orViceMayorintheabsenceoftheMayor)askstheCounciltoconsiderwhetherornottorefertheitemtostaffforevaluationandcosting;Iftheitemisreferredforevaluation,staffestimatesthenumberofhoursneededtocompletethedesiredaction,identifiesiftherearesufficientresourcesavailabletocompletethedesiredrequestinatimelybasis,assignsanestimatedcompletiondateandreportsbacktoCouncil.

Cc
TheCouncilreviewsthestaffevaluationreportandapprovesordisapprovestherequest.D Iftherequestisapproved,itisaddedtothestaff'sCityCouncilReferralLogandistrackedtoensureitisreturnedtotheCityCouncilinatimelymanner.EReviewthefollowinglistof28workprojectsproposedbymembersoftheCityCouncilandidentify,whichworkprojectsaretobereferredtotheCityManagerforanevaluationofcostandresourceavailability,andareporttoCouncilpriortotheCouncildirectingstafftoproceedwiththeworkproject:
2 Statusofrevisingthepermittingfees.Ordinancerelatedtopermittingofmedicalmarijuanadispensaries.Developmentofamedicalmarijuanadispensary(MMD)Ordinanceandplacea2%MMDtaxontheNovemberballot.Reportonthelegalityofredlightcamerasatintersections.Ordinancerequiringbusinessestoinstallvideocamerasandinstallationofvideocamerasinhighcrimeareas.CityperformanaudittodetermineiftheCityispayingforphonelinesnolongerinuse.7.ReportandrecommendationfromPublicWorksonrubberizedasphaltconcrete. 123456.
1

Date:Subject:

10.11. 12.13.14.15.

16.17.18. 19.

20. 21.22.

23. 24.

March22,2011CouncilmemberReferrals
PolicyonrequiringemployeestoreimbursetheCityfortrainingcostsiftheyleavetheCitysimilartotheonethatisinplaceintheCityofOakland.ReviseAssessment#111toassessthepossibility(aswellasbenefits/disadvantages)ofpreparingaPhase|visioningdocumenttolaythefoundationforafullGeneralPlanupdateinthefuture.Developstaffassessmentandrecommendationre:MareIslandmaterialsciencelabandmanufacturing.Re-createStandingCouncilCommitteestoincludeEconomicDevelopment,PublicSafetyandNeighborhoodServices,BudgetandFinance,andLandUse,HousingandTransportationandeliminatecurrentStandingCouncilCommitteesthatareout-datedorfoldthemintooneoftheproposedcommittees.Re-convenetheCharterReviewCommitteetocompleteitsassignmentofreviewingandpotentially"cleaningup"theCharter.DevelopacompletelynewCitywebsite.AspartofAssessment#64,addfromtheCouncil2010GoalSetting---"IdentifyexpenditureprioritiesfornewrevenuesreceivedbyCityinthefuture."ReviseAssessment#144toconsidercompletelyre-directingallCDBGfundsawayfromaffordablehousingandtoward--notonlyasmallbusinessloanprogram--butalsotowardinfrastructureimprovements(e.g.,parkandstreetscapeimprovements).ConsiderandassessthepossibilityofreducingthenumberofHousingChoiceVouchersavailableintheCity.ConsiderestablishingataskforceonconsolidationtoexamineandassessbestpracticesforconsolidatingavarietyofCityservices.CompletetheexecutionofarealestateagreementbetweentheCityandtheSchoolDistricttoestablishtheHiddenbrookeParkandallowtheSchoolDistrictandGVRDtodeterminehowtoimplementtherestoftheagreementinordertoestablishthepark.Explorethefeasibility/possibilityofestablishingfiberopticconnectionstothebuildingsonGeorgiaStreetintheDowntownpromotingeconomicdevelopmentandrevitalization.SupportCouncilparticipationinprofessionalorganizationsandattendingconferencestolearnmoreabout"bestpractices"inpublicpolicyandbringthoseideasbacktoVallejo.Explorefundingpossibilities/strategiestoestablishaNeighborhoodServicesDepartment.AddtoAssessment#223,astaffreviewandevaluationofusingandimplementing"proportionate-sharedevelopmentfees"inplaceofstandardimpactfees.CreateasinglepointofcontactbetweenLennar/MareIslandinquiriesandtheCity.|thinkthere'saconnectionbetweentheassessmentregardinganAssistantCityManagerthathaspurviewoverallCitydepartmentsandnotjustCommunityDevelopmentandthissinglepointofcontactidea.City'scommitmenttoensuringthatthesouthendofMareIslandhasaccesstoHighway37viaRailroadAvenue(ortheestablishmentofanewroad7),aswellasacommitmenttomakingimprovementstoRailroadAvenue. 89 2

Date:March22,2011Subject:CouncilmemberReferrals

25.SettingCouncilpolicythatmakesthecausewaydeckandcontrolrepairsapriority.26.CouncilpassingaresolutionandmakingadecisiontoeithercommittopassengerserviceonMareIslandorNOT.CouncilneedsapolicythatdemonstratestheCity'scommitment,onewayortheother,tohavingornothavingferryserviceonMareIsland.27.RevisitwhetherornottheCouncilsupportsbringingthelowatoMareIsland.28.RecommendationsmadebytheMayor'sTaskForceonProstitutionReasonsforRecommendation:MembersoftheCityCouncilhavepresentedanumberofpotentialworkprojectsthatifacceptedbythemajorityoftheCouncilwillbesenttotheCityManager'sOfficeforevaluationinkeepingwiththeCityCouncil'srecentlyadoptedprocedures.OncetheevaluationiscompletedforpotentialworkprojectstheywillbereturnedtotheCouncilforafinaldecisionastowhethertheywillbeincludedaspartoftheCity'sworkplan.ToassistmembersoftheCouncilwiththesubmissionandtrackingoffuturereferrals,theCityManagerisprovidingtheCouncilwithaSubmittalandTrackingForm.

CONTACTPhilBatchelor,CityManager,(707)648-4576Attachment1- CouncilReferralSubmissionandTrackingForm 3

Attachment1
CITYCOUNCILREFERRALSUBMISSIONANDTRACKINGFORM(tobecompletedbyCouncilmember) Date:(insertdateofCouncilmeeting)From:(insertnameofcouncilmember)Subject:(inserttitleofworkprojecttobereferredforevaluationandareport)Recommendation:ReferthefollowingworkprojecttotheCityManagerforanevaluationandareportontheavailabilityofstaffresources,thetimenecessarytocompletetheassignment,anycostassociatedwithcompletingtheworkproject.

DescriptionofWorkProject:(brieflydescribetheworkprojectandexpectedoutcome,attachanyadditionalmaterials) (tobecompletedbyCityClerk)
CouncilReferralNo.:DatereferredtoCityManager:EvaluationAssignedto:(department)EstimateddatetoreturntoCouncil:

Approved:(] Disapproved::LJExpectedCompletionDate:
4

INFORMATIONAL ITEM 10.A.

DATE: July 22, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: BROADWAY PROJECT MONTHLY UPDATE

RECOMMENDATION
Receive an update on the Broadway Project.

REASONS FOR RECOMMENDATION
At the December 10, 2024 the Vallejo City Council requested that staff provide a monthly update on the Broadway Project through completion of the project in order to track construction timelines and budget.

BACKGROUND AND DISCUSSION
On May 10, 2022, the City of Vallejo ("City"), Firm Foundation Community Housing ("Firm"), and Shelter Inc. ("Shelter") were awarded a California Department of Housing and Community Development (HCD) Homekey Program (“Homekey”) Round 2 Grant of $11,621,866. Grant funds were approved to be used by Firm Foundation to develop and build a permanent supportive housing project to house chronically homeless individuals in Vallejo. On June 10, 2022, the Council accepted the grant and amended the City’s budget to receive the grant. On June 14, 2022, the Council approved a resolution to appropriate Homekey Round 2 grant funding for the Broadway Project.

The Project
The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the Project is $27M. Construction began on September 19, 2022 and is anticipated to be completed in May 2025. The property is anticipated to be fully "leased-up" and residents moved in within 90 days of construction completion. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations.

The Project will include 47 permanent supportive housing units (studios), affordable to extremely low to very low income households, an on-site case manager unit, a community room, and courtyard. On-site wrap- around services will be provided to facilitate connections to services, benefits, and community resources.

Project Funding
As noted above, the City of Vallejo, Firm Foundation Community Housing, and Shelter Inc. were awarded a Homekey Round 2 Grant of $11,621,866 to develop and build the Project. Additional funding from other sources has also been assembled. All of the funding sources for the Project are listed below:

Funding Source Amount
State of CA Homekey $11,621,866
City of Vallejo American Rescue Plan Act (ARPA) $192,740 Solano County American Rescue Plan Act (ARPA) $3,000,000 City of Vallejo American Rescue Plan ACT (ARPA) $200,000 Infill Infrastructure Grant Program $2,559,656
Wells Fargo Grant* $90,000
LMIHAF Loan $3,300,000

Date: July 22, 2025
Subject: BROADWAY PROJECT MONTHLY UPDATE

City of Vallejo American Rescue Plan Act (ARPA) $3,270,335 Measure P Loan Funding $2,879,665
Total project funding $27,114,262
*Awarded directly to Firm Foundation

On May 20, 2025 the Housing and Community Development Commission recommended that the Vallejo Housing Authority (VHA) award 47 project-based vouchers to Firm Foundation Community Housing and on May 27, 2025 the VHA Board adopted a Resolution approving the award of 47 project-based vouchers to Firm Foundation and approving a Project Based Voucher Housing Assistance Payment contract for a term of up to 20 years, with extensions not to exceed 40 years.

On June 3, 2025 City Council adopted a resolution approving a lease and operator agreement for the Broadway Project with Shelter, Inc. and Firm Foundation Community Housing and provided 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 minus the fund balance of the developer’s fee with the balance to be taken from the Opioid Litigation fund balance to support the project. Staff will be bringing forward grant agreements for the use of these funds and performing the second step of the two-step fiscal process to amend the budget.

Project Status as of July 15, 2025
The Project received temporary certificate of occupancy on July 8, 2025. This allows for the building to begin occupancy, which will start with the Shelter, Inc.’s operational team moving in and finishing to prepare the space. Firm Foundation and Shelter, Inc. are working with Make It Home to furnish the property and have begun setting up the rooms for occupancy.

There is minor construction related items that are being finalized, including, “punch list” items to prepare the units and facility to begin leasing-up the units.

City staff have been meeting regularly with Firm Foundation and Cannon Construction, the General Contractor for the Project, to review construction status and budget.

Meetings with the referral and lease-up team, which includes Resource Connect Solano (RCS), the coordinated entry provider for Solano County, Shelter, Inc., and City staff, resumed in January 2025 to ensure that the project and project occupancy documents are ready once occupancy permits are issued for the intended lease up process to begin. Individuals on the Community List are currently being screened for the project and referred to Shelter, Inc. to begin background processes for potential leases for the housing.

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

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

ATTACHMENTS
None

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4576
[email protected]