HYBRID MEETING
www.Cityofvallejo.net
CALL AND NOTICE OF SPECIAL
MEETING AT 7:00 PM OF THE
VALLEJO CITY COUNCIL
SEPTEMBER 30, 2025
Council Chambers
555 Santa Clara Street
Vallejo, CA 94590
COUNCIL MEMBERS
Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares
NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom
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members of the public 30 minutes prior to the start of
the meeting.
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For additional instructions on how to speak remotely
during public comment, please
visit, www.cityofvallejo.net/publiccomment
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AGENDA
TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:
You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below. NOTICE: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REPORT OUT OF CLOSED SESSION
5. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310.
Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.
6. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
PUBLIC PRIVATE PARTNERSHIP (PPP) AGREEMENT FOR ALS FIRST
RESPONDER EMERGENCY SERVICES BETWEEN THE CITY OF
VALLEJO, MEDIC AMBULANCE SERVICE, INC., AND THE OTHER
PARTICIPATING MEMBER CITIES (BENICIA, DIXON, FAIRFIELD, AND
SUISUN CITY), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Recommendation: Adopt a Resolution Approving the Second Amendment to the Public Private Partnership (PPP) Agreement for ALS First Responder Emergency Services between the City of Vallejo, Medic Ambulance Service, Inc., and the other Participating Member Cities (Benicia, Dixon, Fairfield, and Suisun City), and Authorizing the City Manager to Execute the Agreement and any Related Documents.
Contact: Arthur Gonazales, Interim Fire Chief
[email protected]
7. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first
A. RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO
INDIANS TRUST LAND AND PROPOSED DEVELOPMENT AND POSSIBLY
DIRECT STAFF TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
Recommendation: Receive an update on the Scotts Valley Band of Pomo Indians trust land and proposed development and consider directing staff to negotiate a Memorandum of Understanding (MOU) regarding the interim development of the Tribal Offices.
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
B. RECEIVE INFORMATION REGARDING SHIPBUILDING IN SOLANO
COUNTY AND NATIONALLY, PROVIDE POLICY DIRECTION TO CITY
MANAGER, AND CONSIDER AUTHORIZING THE FORWARDING OF
“MARITIME INDUSTRY IN VALLEJO” WHITE PAPER TO THE OFFICE OF REP. JOHN GARAMENDI FOR CONSIDERATION
Recommendation: Receive information from the City Manager’s Office and Economic Development Department regarding: 1) recent legislative and executive proposals supporting federal investment in the shipbuilding industry, and 2) regional efforts to encourage state investment in shipbuilding spurred by the proposal from California Forever to develop a new shipyard on property it holds in Collinsville (eastern Solano County); and provide policy direction to the City Manager on this topic, including authorization to submit a “Maritime Industry in Vallejo” white paper to the office of Rep. John Garamendi (as well as Vallejo’s other elected representatives at all levels of government).
Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
8. ADJOURNMENT
ADDITIONAL CITY INFORMATION
Members of the public can:
• Like us on Facebook and Instagram (@cityofvallejo)
• Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) • Sign up for emergency alerts at: alertsolano.com
Dated: Wednesday, September 24, 2025
Andrea Sorce, Mayor
I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to
Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares,
at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 12:00 p.m., Wednesday, September 24, 2025.
Dated: Wednesday, September 24, 2025
CONSENT CALENDAR 6.A.
DATE: September 30, 2025
TO: Mayor and Members of the City Council
FROM: Arthur Gonzales, Interim Fire Chief
SUBJECT: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PUBLIC
PRIVATE PARTNERSHIP (PPP) AGREEMENT FOR ALS FIRST RESPONDER
EMERGENCY SERVICES BETWEEN THE CITY OF VALLEJO, MEDIC AMBULANCE SERVICE, INC., AND THE OTHER PARTICIPATING MEMBER CITIES (BENICIA, DIXON,
FAIRFIELD, AND SUISUN CITY), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
RECOMMENDATION
Adopt a Resolution Approving the Second Amendment to the Public Private Partnership (PPP) Agreement for ALS First Responder Emergency Services between the City of Vallejo, Medic Ambulance Service, Inc., and the other Participating Member Cities (Benicia, Dixon, Fairfield, and Suisun City), and Authorizing the City Manager to Execute the Agreement and any Related Documents.
REASONS FOR RECOMMENDATION
Since the last amendment, Solano County has experienced significant growth in ALS call volume and complexity. The increased operational demands have prompted this Second Amendment to:
• Increase the Value of Unit Hour by 5% (from $160.67 to $168.70), • Update the Annual Dollar Allocation as follows:
$168.70 (Value of Unit Hour) x 25,748 hours = $4,343,834.04 in total cost savings and resource allocation across the Participating Member Cities.
This ensures continued support for the delivery of ALS first responder services during Medic’s contract extension period and maintains fiscal balance across all stakeholders.
Member Cities
Benicia
Dixon
Fairfield
Vallejo
Suisun City
Grand Total
2nd Amendment
Full Quarter
$95,749.06
$76,902.03
$369,079.61
$395,545.44
$65,147.10
$1,002,423.24
1st Amendment
Full Quarter
$91,189.58
$73,240.03
$351,504.39
$376,709.94
$62,044.86
$954,688.80
Quarterly Revenue
Increase
$4,559.48
$3,662.00
$17,575.22
$18,835.50
$3,102.24
$47,734.44
Date: September 30, 2025
Subject: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE PUBLIC
PRIVATE PARTNERSHIP (PPP) AGREEMENT FOR ALS FIRST RESPONDER
EMERGENCY SERVICES BETWEEN THE CITY OF VALLEJO, MEDIC
AMBULANCE SERVICE, INC., AND THE OTHER PARTICIPATING MEMBER
CITIES (BENICIA, DIXON, FAIRFIELD, AND SUISUN CITY), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
BACKGROUND AND DISCUSSION
In 2010, the City of Vallejo entered into a Public Private Partnership (PPP) Agreement with Medic Ambulance and other local jurisdictions to support ALS First Responder services under the umbrella of the Solano Emergency Medical Services Cooperative (SEMSC). This PPP model was designed to:
• Enhance emergency medical response capabilities,
• Ensure coordinated delivery of ALS services,
• Provide cost-sharing mechanisms to support first responder programs.
Amendment No. 1 to the PPP Agreement was approved in 2021, which notably added the City of Suisun City to the group of Participating Member Cities.
The underlying 2010 Master Agreement between SEMSC and Medic, and the associated PPP Agreement, were both scheduled to expire on April 30, 2025. However, SEMSC has granted Medic a one-year extension from May 1, 2025, through May 1, 2026, triggering the need for this Second Amendment to maintain alignment and adjust compensation levels accordingly.
FISCAL IMPACT
The fiscal impact to the City of Vallejo is proportionate to its share of the Unit Hours delivered under the PPP Agreement. The 5% increase has been anticipated in the City’s Fire Department EMS budget for FY 2025-26.
There are no unanticipated costs associated with this amendment.
ENVIRONMENTAL REVIEW
This action is not a project under the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA review.
ATTACHMENTS
1. Resolution Approving Second Amendment to PPP Agreement with Medic Ambulance Service-CAO Stamp
2. 2nd Amendment to the PPP
3. First Amendment to PPP Agreement - FULLY EXECUTED
4. PPP-Agreement-2010-Signed
CONTACT
Arthur Gonazales, Interim Fire Chief
[email protected]
Approved as to form:
By: for
Veronica A.F. Nebb
City Attorney
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVIING THE
SECOND AMENDMENT TO THE PUBLIC-PRIVATE PARTNERSHIP (PPP) AGREEMENT
FOR ADVANCED LIFE SUPPORT (ALS) FIRST RESPONDER EMERGENCY SERVICES
AMONG THE CITIES OF VALLEJO, FAIRFIELD, BENICIA, DIXON, SUISUN CITY, AND MEDIC AMBULANCE SERVICE, INC. AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
WHEREAS, since 2000, Medic Ambulance Service, Inc. (“Medic”) has served as the authorized provider of Advanced Life Support (ALS) services in Solano County under Health and Safety Code section 1797.224; and
WHEREAS, in partnership with the Solano Emergency Medical Services Cooperative (SEMSC), the Cities of Vallejo, Fairfield, Benicia, Dixon, and later Suisun City (collectively, the “Participating Member Cities”) entered into a Public-Private Partnership Agreement with Medic to enhance regional ALS emergency response capabilities; and WHEREAS, in 2010, an updated Public Private Partnership Agreement (“PPP Agreement”) was executed by the Participating Member Cities in alignment with Medic’s exclusive operating contract (“Master Agreement”) with SEMSC; and
WHEREAS, Amendment No. 1 to the 2010 Public Private Partnership Agreement was adopted in 2021 to include Suisun City as a Participating Member City and to implement operational and financial adjustments (“the First Amendment”); and
WHEREAS, the PPP Agreement, as Amended by the First Amendment was set to expire on April 30, 2025, but Medic has been granted a one-year extension by SEMSC, extending services through May 1, 2026; and
WHEREAS, the proposed Second Amendment to the PPP Agreement (“Second Amendment”) will take effect as of May 1, 2025, and includes a 5% increase in the Value of Unit Hour to $168.70, with a revised annual allocation of $4,343,834.04 across the Participating Member Cities; and
WHEREAS, the Second Amendment ensures continued high-quality ALS first responder services and sustained revenue to the City of Vallejo’s General Fund to support critical emergency services; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo as follows:
(1) Finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as it does not constitute a project that would cause a direct or foreseeable indirect physical change in the environment; (2) The City Council hereby approves the Second Amendment to the Public-Private Partnership Agreement for Advanced Life Support (ALS) First Responder Emergency Services among the Cities of Vallejo, Fairfield, Benicia, Dixon, Suisun City, and Medic Ambulance Service, Inc.; and
(3) The City Manager is further authorized to take all actions and execute all documents necessary or appropriate to carry out the intent of this resolution.
ADOPTED by the City Council of the City of Vallejo at a regular meeting held on the ___ day of ____________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Andrea Sorce, Mayor
_________________________________
Dawb G. Abrahamson, City Clerk
SECOND AMENDMENT TO PUBLIC PRIVATE PARTNERSHIP AGREEMENT FOR ALS
FIRST RESPONDER EMERGENCY SERVICES
This Second Amendment to the Public Private Partnership Agreement for ALS First Responder Emergency Services, dated April 30, 2010, and hereafter referred to as the PPP Agreement, is entered into on this _____day of _____________, 2025 by and among Medic Ambulance Service, Inc., a California corporation (“Medic”) and the Cities of Benicia, Dixon, Fairfield, Suisun City and Vallejo which are all existing parties to the PPP Agreement (the “Participating Member Cities”).
RECITALS
1. Since 2000, Medic has been an authorized provider of ALS services within the Solano County EMS system under Health and Safety Code section 1797.224 pursuant to a written agreement (the “Master Agreement”), entered into with the Solano Emergency Medical Services Cooperative (“SEMSC”). In connection with entering into the Master Agreement for such services, Medic also entered into a Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City) under which these cities have provided ALS first response emergency service to their communities in order to improve the quality and level of emergency medical services.
2. On May 1, 2010, Medic commenced a new county-wide exclusive contract for Emergency Ambulance Services (the “2010 Master Agreement”). The 2010 Master Agreement between SEMSC and Medic required Medic to enter into a new, updated Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City). The PPP Agreement was entered into on May 1, 2010 to reflect the conditions at that time and to enhance the delivery of emergency medical services in Solano County.
3. In January 2021, Amendment No. 1 to the PPP Agreement implemented changes to the PPP Agreement that both Medic and the Participating Member Cities found necessary and desirable to achieve the purposes of the partnership. In addition, Amendment No. 1 to the PPP Agreement added the City of Suisun City as a Participating Member City and a party to the PPP Agreement.
4. The 2010 Master Agreement, as amended, and the PPP Agreement were set to expire on April 30, 2025. Pursuant to an amendment extending the 2010 Master Agreement, SEMSC granted Medic an extension of the PPP Agreement from April 30, 2025 to May 1, 2026 (“Medic’s Extension Period”).
5. There have been increases in the demands for the delivery of emergency medical services in Solano County since Amendment No. 1 to the PPP Agreement was executed, including a significant increase in the level of medical calls required to be responded to by Medic and the Participating Member Cities.
5. This Amendment No.2 will increase the Value of Unit Hour to the Participating Member Cities by 5% for the duration of Medic’s Extension Period.
AGREEMENT
NOW THEREFORE, the parties agree to amend the PPP Agreement as follows:
1. Section 5(e)(ii) of the PPP Agreement is hereby amended to read:
“The value of Medic’s annual dollar allocation to the Public Private Partnership shall be calculated according to the formulas below on the corresponding effective dates:
May 1, 2025: $168.70 (Value of Unit Hour) x 25,748 hours (Unit Hour Reduction) =$4,343,834.04 (Cost Savings)
(“Annual Dollar Allocation”)”
2. This Amendment No. 2 shall become effective May 1, 2025.
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date first written above.
MEDIC AMBULANCE SERVICE, INC., a
California corporation
By:
Title: President / COO
CITY OF FAIRFIELD, a municipal corporation
By:
Title:
CITY OF BENICIA, a municipal corporation
By:
Title:
CITY OF VALLEJO, a municipal corporation
By:
Title:
CITY OF DIXON, a municipal corporation
By:
Title:
City of Suisun City, a municipal corporation
By:
Title:
Exhibit C
Quarterly Payments to the Participating Member Cities of the Annual Dollar Allocation
Payment Dates 7/15/2025 10/15/2025 1/15/2026
Benicia $95,749.06 $95,749.06 $95,749.06
Dixon $76,902.03 $76,902.03 $76,902.03
Fairfield $369,079.61 $369,079.61 $369,079.61
Vallejo $395,545.44 $395,545.44 $395,545.44
Suisun City $65,147.10 $65,147.10 $65,147.10
Total $1,002,423.24 $1,002,423.24 $1,002,423.24
Payment Dates 4/15/2026 7/15/2026
Benicia $95,749.06 $31,916.35
Dixon $76,902.03 $25,634.01
Fairfield $369,079.61 $123,026.54
Vallejo $395,545.44 $131,848.48
Suisun City $65,147.10 $21,715.70
Total $1,002,423.24 $334,141,08
Total $4,343,834.04
FIRST AMENDMENT TO PUBLIC PRIVATE PARTNERSHIP AGREEMENT FOR ALS
FIRST RESPONDER EMERGENCY SERVICES
This First Amendment to the Public Private Partnership Agreement for ALS First Responder Emergency Services, dated April 30, 2010, and hereafter referred to as the PPP Agreement is entered into on this 1st day of January, 2021 by and among Medic Ambulance Service, Inc., a California corporation (“Medic”) and the Cities of Benicia, Dixon, Fairfield, and Vallejo which are all existing parties to the PPP Agreement and the City of Suisun City which is being added to the PPP Agreement by this amendment (the “Participating Member Cities”).
RECITALS
1. Since 2000, Medic has been an authorized provider of ALS services within the Solano County EMS system under Health and Safety Code section 1797.224 pursuant to a written agreement (the “Master Agreement”), entered into with the Solano Emergency Medical Services Cooperative (“SEMSC”). In connection with entering into the Master Agreement for such services, Medic also entered into a Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City) under which these cities have provided ALS first response emergency service to their communities in order to improve the quality and level of emergency medical services.
2. On May 1, 2010, Medic commenced a new county-wide exclusive contract for Emergency Ambulance Services. The 2010 Master Agreement between SEMSC and Medic required Medic to enter into a new, updated Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City). The 2010 Public Private Partnership Agreement was entered into on May 1, 2010 to reflect the conditions at that time and to enhance the delivery of emergency medical services in Solano County.
3. The 2010 Master Agreement was set to expire on April 30, 2020. Pursuant to an amendment to the Master Agreement, SEMSC granted Medic an extension of this Master Agreement to April 30, 2025. There have been significant changes in the demands for the delivery of emergency medical services in Solano County in the last 10 years, including a significant increase in the level of medical calls required to be responded to by Medic and the Participating Member Cities.
4. This Amendment No. 1 to the PPP Agreement will implement changes to the Agreement that both Medic and the Participating Member Cities find necessary and desirable to achieve the purposes of the partnership.
5. In addition, this Amendment No. 1 to the PPP Agreement will add the City of Suisun City as a Participating Member City and a party to the PPP Agreement.
AGREEMENT
NOW THEREFORE, the parties agree to amend the PPP Agreement as follows:
1. Section 5(e)(ii) of the PPP Agreement is hereby amended to read:
“ The value of Medic’s annual dollar allocation to the Public Private Partnership shall be calculated according to the formulas below on the corresponding effective dates:
January 1, 2021: $91.51 (Value of Unit Hour) x 23,768 hours (Unit Hour Reduction)=$2,174,990.00 (Cost Savings)
July 1, 2021: $107.58 (Value of Unit Hour) x 23,768 hours (Unit Hour Reduction)=$2,556,878.60 (Cost Savings)
January 1, 2022: $135.69 (Value of Unit Hour) x 23,768 hours (Unit Hour Reduction)=$3,225,183.65 (Cost Savings)
January 1, 2023: $160.67 (Value of Unit Hour) x 23,768 hours (Unit Hour Reduction)=$3,818,755.20 (Cost Savings)
(“Annual Dollar Allocation”)”
2. Section 5(e)(iv) of the PPP Agreement is hereby amended to read:
“As provided in Section 7(a) of this Agreement, the term of this Agreement shall coincide with the term of the Master Agreement, including any extensions thereof.”
3. Section 5(e)(v) of the PPP Agreement is hereby amended to read:
“Medic shall pay the Annual Dollar Allocation in quarterly installments to the Participating Member Cities, pursuant to the above formula and in the manner provided below, by no later than the 15th day of April, July, October and January of each year during the term of this Agreement. Payment shall be made by Medic directly to the City of Fairfield for disbursement to the Participating Member Cities in the amounts set forth in Exhibit C attached hereto.
Fairfield shall make the quarterly payments to the Participating Member Cities within fifteen days of receipt of payment from Medic. Any reduction in the Annual Dollar Allocation made with respect to a defaulting city pursuant to Section 4(h) of this Agreement shall be applied by Fairfield to the defaulting city only. Fairfield shall deduct from the total amount of monies paid quarterly by Medic to the Participating Member Cities, an administrative charge to cover the costs of Fairfield being the administering party under this Agreement. The quarterly administrative charge shall be in the sum of $7,500.
4. Effective January 1, 2021, the City of Suisun City shall become a Participating Member City and Party to this Agreement. By executing this Amendment No. 1, City of Suisun City agrees to be bound by and comply with all of the provisions of the PPP Agreement as amended.
5. If a local or state emergency is declared for a natural disaster or pandemic that results in a material decrease in transport volume and revenues, Medic shall provide written notice to the Participating Member Cities within 45 days of this event occurring. Upon giving such notice, Medic will provide a call and revenue comparison to demonstrate the materiality of the reduction in calls and revenues that would justify an adjustment in the payment obligations of Medic under this Agreement limited to the duration of the emergency. The parties will meet within 10 days of the notice to attempt to address the loss of funding in a mutually satisfactory manner. No payment modification shall be effective unless approved in writing by all of the Parties.
6. This Amendment No. 1 shall become effective January 1, 2021.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the date first written above.
MEDIC AMBULANCE SERVICE, INC., a
California corporation
By:__________________________
Title:________________________
CITY OF FAIRFIELD, a municipal corporation
By:__________________________
Title:________________________
CITY OF BENICIA, a municipal corporation
By:__________________________
Title:________________________
CITY OF VALLEJO, a municipal corporation
By:__________________________
Title:________________________
CITY OF DIXON, a municipal corporation
By:__________________________
Title:________________________
City of Suisun City, a municipal corporation
By:________________________________
Title:______________________________
President / COO
5. If a local or state emergency is declared for a natural disaster or pandemic that results in a material decrease in transport volume and revenues, Medic shall provide written notice to the Participating Member Cities within 45 days of this event occurring. Upon giving such notice, Medic will provide a call and revenue comparison to demonstrate the materiality of the reduction in calls and revenues that would justify an adjustment in the payment obligations of Medic under this Agreement limited to the duration of the emergency. The parties will meet within 10 days of the notice to attempt to address the loss of funding in a mutually satisfactory manner. No payment modification shall be effective unless approved in writing by all of the Parties.
6. This Amendment No. 1 shall become effective January 1, 2021.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the date first written above.
MEDIC AMBULANCE SERVICE, INC., a
California corporation
By:__________________________
Title:________________________
CITY OF FAIRFIELD, a municipal corporation
By:__________________________
Title:________________________
CITY OF BENICIA, a municipal corporation
By:__________________________
Title:________________________
CITY OF VALLEJO, a municipal corporation
By:__________________________
Title:________________________
CITY OF DIXON, a municipal corporation
By:__________________________
Title:________________________
City of Suisun City, a municipal corporation
By:________________________________
Title:______________________________
President / COO
DocuSign Envelope ID: D60E6052-7497-4CF1-8B9B-5574C595F6ED City Manager
11245-0001\2489985v1.doc
Exhibit C
Quarterly Payments to the Participating Member Cities of the Annual Dollar Allocation
Participating Member
Cities Payment Dates
4/15/2021 7/15/2021 10/15/2021 1/15/2022
Benicia $46,476.55 $73,725.31 $60,100.93 $74,546.31
Dixon $32,512.81 $58,101.02 $45,306.91 $58,286.07
Fairfield $138,972.66 $252,505.17 $195,738.91 $268,115.50 Vallejo $182,577.53 $235,911.58 $209,244.55 $287,057.52 Suisun City $0.00 $66,712.37 $33,356.19 $46,686.41
4/15/2022 7/15/2022 10/15/2022 1/15/2023
Benicia $67,323.62 $92,603.02 $79,963.32 $79,963.32
Dixon $51,796.49 $74,510.01 $63,153.25 $63,153.25
Fairfield $231,927.21 $358,586.24 $295,256.72 $295,256.72 Vallejo $248,151.04 $384,323.72 $316,237.38 $316,237.38 Suisun City $40,021.30 $63,349.18 $51,685.24 $51,685.24
4/15/2023 7/15/2023 10/15/2023 1/15/2024
Benicia $79,963.32 $102,415.85 $91,189.58 $91,189.58
Dixon $63,153.25 $83,326.82 $73,240.03 $73,240.03
Fairfield $295,256.72 $407,752.05 $351,504.39 $351,504.39 Vallejo $316,237.38 $437,182.50 $376,709.94 $376,709.94 Suisun City $51,685.24 $72,404.47 $62,044.86 $62,044.86
4/15/2024 7/15/2024 10/15/2024 1/15/2025
Benicia $91,189.58 $91,189.58 $91,189.58 $91,189.58
Dixon $73,240.03 $73,240.03 $73,240.03 $73,240.03
Fairfield $351,504.39 $351,504.39 $351,504.39 $351,504.39 Vallejo $376,709.94 $376,709.94 $376,709.94 $376,709.94 Suisun City $62,044.86 $62,044.86 $62,044.86 $62,044.86
4/15/2025 7/15/2025
Benicia $91,189.58 $30,396.53
Dixon $73,240.03 $24,413.34
Fairfield $351,504.39 $117,168.13
Vallejo $376,709.94 $125,569.98
Suisun City $62,044.86 $20,681.62
PUBLIC PRIVATE PARTNERSHIP AGREEMENT
FOR ALS FIRST RESPONDER EMERGENCY SERVICES
This Public Private Partnership Agreement (“Agreement”) is entered by and between Medic Ambulance Service, Inc., a California corporation (“Medic”), and the Cities of Benicia, Dixon, Fairfield and Vallejo, Members of the Solano Emergency Medical Services Cooperative (“Participating Member Cities”), with reference to the following facts:
RECITALS
1. Since 2000, Medic has been an authorized provider of ALS services within the Solano County EMS system under Health and Safety Code section 1797.224 pursuant to the Agreement for Advanced Life Support Emergency Ambulance and ParaHospital Medical Services (the “Master Agreement”), entered into with the Solano Emergency Medical Services Cooperative (“SEMSC”). In connection with entering into the Master Agreement for such services, Medic also entered into a Public Private Partnership Agreement with the Participating Member Cities under which these cities have provided ALS first response emergency service to their communities in order to improve the quality and level of emergency medical services.
2. On or about -_____________ , by action of the SEMSC Board and following a competitive process to select the provider for emergency ambulance service, advanced life support and Parahospital Medical Services, Medic was awarded the new county–wide exclusive contract for Emergency Ambulance Services as the authorized exclusive provider of all 911 and ALS services within the Solano County EMS system. The Master Agreement between the SEMSC and Medic has therefore been renewed pursuant to the provision set forth as Exhibit “A” hereto.
2 3. As part of the renewal of the Master Agreement, Medic is required to enter into a Public Private Partnership (PPP) Agreement with those fire jurisdictions desiring to participate in a PPP with Medic by accepting responsibility for providing EMT-P first response. The Participating Member Cities desire to enter into a new Public Private Partnership Agreement based on the experience of the parties under the existing agreement.
4. Medic and the Participating Member Cities are mutually interested in continuing to provide quality prehospital emergency medical care in their communities and pursuant to the protocols and policies of the Solano County Emergency Medical Service Agency and believe that the relationship continued and modified by this Agreement will help them achieve this goal. Pursuant to this Agreement, therefore, Participating Member Cities will continue to provide paramedic first response and Medic will provide ALS transport services within the Participating Member Cities.
AGREEMENT
NOW THEREFORE, the parties thereto agree as follows:
1. Definitions
(a) Advanced Life Support (ALS) : Special services designed to provide definitive prehospital emergency medical care as defined in Health and Safety Code section 1797.52.
(b) Basic Life Support (BLS)
: Emergency first aid and cardiopulmonary
procedures defined in Health and Safety Code section 1797.60. (c) Emergency Medical Technician - One or EMT-I : Personnel as defined in Health and Safety Code section 1797.80.
3 (d) Emergency Medical Technician-Paramedic or EMT-P or P aramedic :
Personnel as defined in Health and Safety Code section 1797.84. (e) First Responder - ALS Unit : A unit staffed and equipped with a minimum of one California State licensed and Solano County accredited Paramedic capable of providing ALS at the scene of medical emergencies.
2. Purpose of this Agreement
The purpose of this Agreement is to continue provide high quality, cost effective prehospital medical services in the communities of Benicia, Dixon, Fairfield and Vallejo pursuant to a relationship between the Participating Member Cities and Medic as described herein. Medic shall provide emergency ambulance service with ALS vehicles staffed by one emergency medical technician (EMT-I) and one EMT-Paramedic and the Participating Member Cities of Benicia, Dixon, Fairfield and Vallejo shall provide paramedic first response within their jurisdictions.
3. Relationship between Medic and the Participating Member Cities It is understood that this Agreement is by and between independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. The parties shall have full autonomy and responsibility for conducting their affairs with their work force, including managing personnel and resources fairly and effectively in a manner that assures compliance with this Agreement.
4. Responsibilities of Participating Member Cities for ALS First Responder Program
The Participating Member Cities shall provide ALS emergency response within their jurisdictions 24 hours a day, 365 days a year, subject to the response time
4 exceptions approved by the SEMSC in the ALS Non-Transport Agreements with the Participating Member Cities, using a currently licensed and locally accredited EMT- Paramedic in each paramedic response vehicle under appropriate clinical supervision. In connection with the ALS First Responder Program, Participating Member Cities also shall have the following duties and responsibilities:
(a) Paramedic Accreditation and Training
: Participating Member Cities
shall employ appropriately licensed and accredited EMT-Paramedic personnel. Each EMT- Paramedic shall comply with all training requirements established by the State of California EMS Authority, the County of Solano, all applicable provisions of the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (California Health and Safety Code section 1797, et seq.), the regulations of the State EMS Authority and all applicable policies and procedures adopted by the Solano County EMS Agency.
(b) ICS Training : All Medic employees shall receive Incident Command Training at the appropriate levels for their duties as required by the National Incident Management System (NIMS). While the lower level basic courses such as I100 and I200 are available on-line to Medic, the Participating Member Cities agree to provide instructors for the more advanced courses such as ICS 300 and ICS 400, as needed, at no charge to Medic. There shall be a minimum of one ISC 300 and one ICS 400 course offered as needed.
The parties will discuss and agree upon the date, location and frequency of these courses.
(c) Patient Information
: Participating Member Cities shall record patient
information as set forth in the policy and procedures of the Solano County EMS Agency,
5 including but not necessarily limited to EMS Policy Memorandum 6141, attached hereto as Exhibit F, and as subsequently modified by the Solano County EMS Agency, for each patient response made by the respective Participating Member Cities. Participating Member Cities shall retain such information and forms for at least seven (7) years and shall provide such forms to the Solano County EMS Agency as required by policy and to Medic upon request.
(d) Instructional and Educational Programs
: Participating Member
Cities shall ensure that their EMT-Paramedics are advised of all ongoing instruction and educational opportunities timely noticed by Medic and provided by Medic and they shall cause their EMT-Paramedics to reasonably participate in those ongoing programs to the extent permitted by law.
(e) Compliance with Master Agreement
: The Participating Member
Cities shall comply with the applicable requirements of the Master Agreement as necessary to permit Medic to comply with its obligations under the Master Agreement. Medic shall be excused for nonperformance under this Agreement to the extent that such nonperformance is caused by the Participating Member Cities’ failure to comply with the Master Agreement, including all pertinent policies and procedures of the Solano County EMS Agency applicable to the Participating Member Cities.
(f) Core Businesses
: During the term of this Agreement, the
Participating Member Cities shall not utilize the factors of production funded by Medic hereunder (i.e., vehicles, equipment, supplies or personnel), except as specifically provided in this Agreement to render services similar to the core businesses currently engaged in by Medic or which become part of the core businesses engaged in by Medic or any commonly
6 controlled or successor entity in such jurisdiction; provided, however, that the parties shall explore and consider ways in which they may collaborate and/or establish other agreements where feasible to provide additional health care services to the communities they serve.
The core business of Medic is medical transportation.
(g) Supplies and Equipment
: Each ALS response vehicle of the
Participating Member Cities shall carry such emergency supplies and equipment as may be required by the Solano County EMS Agency in order to render ALS first paramedic response to patients as contemplated by this Agreement. Vehicles, equipment and supplies shall be maintained in a clean, sanitary and safe mechanical condition at all times. (h) EMS Policies and Procedures : The ALS First Responder Program shall be subject to and shall conform to the requirements of the State EMS Act and Regulations, all applicable medical standards and all Solano County EMS policies, procedures and protocols including response time requirements. (i) Performance Standards : The SEMSC and the Solano County EMS Agency have established certain performance standards for ALS First Response Providers to be set forth in the Master Agreement and the ALS Non-Transport Agreements with each of the Participating Member Cities (Exhibits “B-1,”, “B-2”, “B-3” and B-4” hereto and incorporated herein by this reference) which shall be in force and effect upon implementation of this Agreement. Any modifications to any of these agreements shall be promptly delivered to the other party. Each of the Participating Member Cities agrees to comply with the applicable Solano County EMS Agency policy memoranda, including but not limited to EMS Policy Memorandum 6141 regarding the transfer of care, as is established in the Master Agreement, all applicable EMS Policy and Procedure directives,
7 and all applicable State of California and federal laws and regulations. Further, it is understood and agreed that this Agreement shall only become effective upon the execution by each of the Participating Member Cities of the ALS Non-Transport Agreement with SEMSC. The response time for the Participating Member Cities shall be seven minutes, ninety percent of the time (the “Response Time Standard”). In the event that there is a chronic failure by any one or more of the Participating Member Cities to meet its Response Time Standard, Medic shall be entitled to a reduction in the Annual Dollar Allocation as determined by the SEMSC after consultation with Medic only with respect to the defaulting city and only to the extent that the chronic failure results in increased costs to Medic. .
Before any reduction is ordered by the SEMSC, the defaulting City shall first be provided written notice of the chronic failure by the SEMSC and given an opportunity to cure the default as provided by the ALS Non-Transport Agreement. In the event that the defaulting city fails to timely cure the chronic default, and the SEMSC requires Medic to shorten its response time standard in the defaulting city, the SEMSC shall determine the amount of the reduction in the Annual Dollar Allocation for such city based on the amount of the increased costs to Medic that the SEMSC finds were caused by the chronic failure, using the value of the Unit Hour (from time to time adjusted) as set forth in this Agreement, and considering Medic’s System Status Plan. Chronic failure by any Participating Member City shall be defined as the failure to meet the Response Time Standard in three of five consecutive calendar months or four months in any calendar year within its jurisdiction.
The Annual Dollar Allocation for the defaulting city shall be restored to the amount provided by this Agreement when the defaulting city cures the default by demonstrating compliance with the Response Time Standards for three consecutive months and the
8 SEMSC allows Medic to increase its response time back to twelve (12) minutes within the defaulting city’s jurisdiction. Payment to the defaulting city shall then be restored in the following month. The right to obtain a reduction in the Annual Dollar Allocation with respect to the defaulting city shall be the exclusive remedy that Medic shall have against the defaulting city for failing to meet the Response Time Standard other than termination of the Agreement with respect to the defaulting city pursuant to Section 7 of this Agreement.
(j) Supervision : Participating Member Cities shall provide and be responsible for, within their jurisdictions, all supervision to all fire department ALS first response paramedics twenty-four hours (24) per day, 365 days per year under the guidance, directives and policies of the Solano County EMS Agency. (k) Cooperation
: Participating Member Cities agree to cooperate in a
timely manner with all reasonable requests for information and assistance as may be necessary in order for Medic to comply with the terms and conditions of the Master Agreement, policy and procedure guidelines of the Solano County EMS Agency and applicable State of California and federal laws and regulations. (l) Accreditation Records : The Participating Member Cities shall be responsible for maintaining licensing, accreditation and continuing education records certifying course completion for their personnel according to the provisions of relevant State of California and federal laws and regulations and applicable Solano County standards as may be imposed. These records shall be available to Medic upon request. (m) Access to Participating Member Cities’ Records : Participating member Cities agree to provide to authorized representatives of Medic, to the SEMSC and
9 to any federal or State of California department having monitoring or reviewing authority, upon reasonable notice pursuant to this Agreement, access to and the right to examine and audit all records and documents necessary to determine Participating Member Cities’ compliance with the relevant federal, state and local statutes, rules and regulations and this Agreement and to evaluate the quality, appropriateness, and timeliness of the services performed by the Participating Member Cities under this Agreement, provided, however, that Medic shall comply with the applicable laws governing confidentiality.
5. Responsibilities of Medic
Medic shall provide, under the Master Agreement, an Emergency Ambulance Service Program throughout the geographical limits of Solano County, excluding the City of Vacaville and Travis Air Force Base, and the territory of Solano County known generally as Zone C, which will include continuous, uninterrupted emergency ambulance response using vehicles staffed by one paramedic and one Emergency Medical Technician - 1 (EMT-I). In connection with the Emergency Ambulance Services Program, Medic shall have the following additional duties and responsibilities:
(a) Compliance with Master Agreement
: Medic shall comply with the
Master Agreement in a manner that permits the Participating Member Cities to comply with their obligations under this Agreement.
(b) Training Programs
: Medic shall provide at no cost to the Participating
Member Cities, ALS and BLS continuing education for all Participating Member Cities’ full time, paid paramedics. The level of training shall be sufficient to maintain licensing requirements (currently forty-eight (48) hours every two (2) years) and applicable Solano County accreditation requirements. Although the list of courses is subject to change over
10 the term of this Agreement, the course offerings shall at a minimum include any courses required by the Solano County EMS or the State of California EMSA. Required certification courses, including but not limited to CPR, ACLS, PALS and PHTLS, shall be taught through an applicable recognized training authority such as the American Heart Association, the American Red Cross, and the National Safety Council. In addition, the courses shall be recognized by the Solano County EMS. The training programs also shall include regular orientation programs for newly purchased equipment. To the extent possible, Medic agrees to incorporate innovative teaching methods into its training programs, including the use of video conferencing when appropriate to the course taught, and as authorized by the course certifying authority and which Participating Member Cities will make available at their fire facilities. Medic shall continue to use on-line advertisement and enrollment for EMS continuing education courses. Paramedics from the Participating Member Cities may utilize this on-line course enrollment system at no cost.
Medic shall not be responsible for paying Participating Member Cities’ paramedics for their training time.
(c) Emergency Medical Service Supplies
: Medic shall exchange all
disposable supplies (including backboards) with the Participating Member Cities’ first responder paramedics on a one-for-one basis, for those supplies directly used on the patient, when Medic jointly responds to a medical call. Supplies that are consumed through training or shrinkage will be the responsibility of the Participating Member Cities. On the first weekday of each month, Medic will rotate ALS medications with the Participating Member Cities that are within nine (9) months of their expiration date (excluding narcotic medications). Medic and the Participating Member Cities shall stock identical patient
11 backboards for ease of field exchange and retrieval. A medical supply committee will be formed consisting of representatives from Medic and the Participating Member Cities in order to enhance medical equipment standardization, joint purchasing and field restocking. (d) Value Added: Medic shall provide required ALS backup as needed on a city-by-city basis pursuant to the requirements, including response times, of the Master Agreement. Medic shall respond with a supervisor certified to the NIMS I400 level to all mass casualty incidents. Within 90 days of the execution of this agreement, Medic and the Participating Member Cities shall meet and confer for the purpose of reaching an agreement regarding Code 3 notification requirements.
(e) Payment to Participating Member Cities
:
(i) The amount payable by Medic to the Participating M ember Cities reflects the estimated costs savings to Medic under the Master Agreement due to the first response of the Participating Member Cities under this Agreement. The SEMSC has approved the continuation of an increase in the urban response time for Medic, from nine (9) minutes to twelve (12) minutes or less, ninety percent (90%) of the time, with a fifteen (15) minute maximum in the Participating Member Cities. Consistent with the RFP issued by the SEMSC on or about November 2008, Medic developed a System Status Deployment Plan (SSDP) in the jurisdictions of the Participating Member Cities which allows for reduced response times in those jurisdictions. As a result of this reduction in response time requirements in the Participating Member jurisdictions, Medic has determined that fewer ambulances will be required and fewer employees will be necessary to service the Participating Member Cities than would otherwise be required if Medic was the first responder in these jurisdictions, and that those reductions will result in a reduction in the
12 cost of doing business by Medic in those communities only. Medic has estimated that as a result of those changes to its System Status Deployment Plan in the jurisdictions of the Participating Member Cities, there will be an estimated 17,000 unit hours saved each year.
Medic has further estimated that the value of a unit hour is currently approximately $86.51. The parties recognize that an exact figure is impossible to calculate, but this is the best estimate of the actual numbers which the parties agree will be utilized upon implementation of the Public Private Partnership and during the term of the this Agreement except as otherwise set forth herein.
It is further understood and acknowledged by the parties hereto that adjustments in the System Status Deployment Plan may be necessary from time to time. Medic shall be solely responsible for making those modifications and in making those determinations, the primary concern shall be the health and well-being of the members of the communities and the ability of Medic to reasonably comply with all terms of the Master Agreement, and in particular, the response time requirements of the Master Agreement. However, no adjustments to the Annual Dollar Allocation as set forth herein shall result from any adjustment or modification to the System Status Deployment Plan by Medic except as specifically provided by Section 5(e)(iii).
(ii) The value of Medic’s annual dollar allocation to t he Public Private Partnership has therefore been calculated according to the following formula:
$86.51 (Value of Unit Hour) x 17,000 hours (Unit Hour Reduction) = $1,470,670 (Cost Savings)
(“Annual Dollar Allocation”)
(iii) The Annual Dollar Allocation shall be distributed to the Participating Member Cities in the manner provided by a written agreement between them
1 3
and the SEMSC, attached hereto as Exhibit C. The parties agree that following implementation of this Agreement, the Annual Dollar Allocation to the Participating Member Cities shall be subject to modification upward or downward only under the following circumstances:
(a) Any Participating Member City is removed from
participation in the PPP for any reason after implementation of this Agreement. The adjustment shall be based on the allocation previously made to the removed City pursuant to the agreement between the Particpating Member Cities and the SEMSC described above; (b) Medic makes significant modifications to its System Status Deployment Plan within the area(s) serviced by the Member Cities as required to comply with the response time standards of the Master Agreement or any additional requirements imposed by the SEMSC, state, or local government, which changes result in the need to increase the unit hours required in the Participating Member Cities. In that event, Medic shall notify the Participating Member Cities in writing of the proposed adjustment and the parties shall timely meet and confer in good faith to negotiate revised unit hours required to meet Medic’s obligations under the Master Agreement. If the parties are unable to mutually agree on the revised unit hours, the matter shall be submitted to the SEMSC for its final determination as to whether the unit hours are required to be adjusted to ensure compliance with the requirements of the Master Agreement. The decision of the SEMSC shall be considered final and conclusive by the parties. (c) Increases required by subsection (iv) below.
(iv) The Master Agreement has a term of five years and is subject to one five-year extension. As provided in Section 7(a) of this Agreement, the term of this
1 4
Agreement shall coincide with the term of the Master Agreement, including any extensions thereof. During the initial five year term of this Agreement and any extension thereof, the Annual Dollar Allocation shall be adjusted in any year in which Medic receives a cost of living increase in compensation under the Master Agreement and on the effective date of that increase, by the increase, if any, in the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers, for the San Francisco- Oakland-San Jose Metropolitan Statistical Area, All Items (1982-1984=100) measured from the commencement of this Agreement or the time of the last adjustment, whichever is later. (v) Medic shall pay the Annual Dollar Allocation in quarterly installments to the Participating Member Cities, pursuant to the above formula and in the manner provided below, by no later than the 15th day of April, July, October and January of each year during the term of this Agreement. The first payment made under this Agreement shall be prorated and calculated at the rate set forth in the existing PPP Agreement for that period up to implementation of this Agreement, and at the increased Annual Dollar Allocation under this Agreement for that period beginning only upon the implementation of this Agreement. Payment shall be made directly to the SEMSC for disbursement to the Participating Member Cities in the amounts set forth in the agreement between the SEMSC and the Participating Member Cities, attached hereto as Exhibit C.
SEMSC shall make the quarterly payments to the Participating Member Cities within fifteen days of receipt of payment from Medic. Any reduction in the Annual Dollar Allocation made with respect to a defaulting city pursuant to Section 4(h) of this Agreement shall be applied by SEMSC to the defaulting city only.
6. Joint Responsibilities
:
15 (a) The parties hereto shall reasonably cooperate with each other in establishing communication protocols which allow for the success and efficiency of the ALS First Responder Program.
(b) The parties shall actively participate in Solano County EMS Agency committees established by the Solano County EMS Agency or Medic, including but not necessarily limited to, performance improvement, CQI or review committees for the purpose of ensuring that the purposes of this Agreement are met. (c) The parties shall maintain and preserve all records relating to this Agreement and all records relating to the care and treatment of patients for a period of four (4) years from the termination date of this Agreement or for such longer period as may be required by Section 4(c) of this Agreement, the Master Agreement, the Solano County EMS Agency or applicable law or regulation.
(d) The parties shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state and municipal and local governing bodies, having jurisdiction over the scope of services or any part hereof, including the provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal and local safety regulations. All services performed by the parties must be in accordance with these laws, ordinances, codes and regulations. The parties shall indemnify and save harmless each other from any and all liabilities, fines, penalties and consequences resulting from their own noncompliance or violations of such laws, ordinances, codes and regulations.
7. Term and Termination
16 (a) Term : The term of this Agreement shall be coterminous with the Master Agreement between Medic and the SEMSC, including any extensions that may be granted, subject to earlier termination as provided herein. (b) Termination for Breach : In addition to any other rights and remedies that either party may have at law or in equity, this Agreement may be terminated by either party for material breach by the other party, if such breach is not cured after written notice and an opportunity to cure is given in the manner provided by the terms of this Agreement. (c) Material Breach : The following conditions and circumstances shall constitute a material breach of this Agreement:
(i) As to the Participating Member Cities: Operation by Participating Member Cities of the First Responder ALS Program in a manner which causes Medic to be in material breach of the Master Agreement. (ii) As to the Participating Member Cities: Failure to adhere to the Response Time Standard.
(iii) As to Medic: Failure of Medic to make the payments to the SEMSC as described in Section 5(f) of this Agreement for a period of 45 days. (iv) As to Medic: Termination by SEMSC of the Master Agreement for breach by Medic; provided, however, that Medic shall not be in breach of this Agreement to the extent that such breach of the Master Agreement was caused by the acts or omissions of the Participating Member Cities or any of them.
(v) As to either party: Material failure to comply with any other term or condition of this Agreement.
17 (d) Notice and the Opportunity to Cure : Prior to terminating this Agreement because of a material breach as defined herein, each party shall be required to provide (1) ninety (90) days’ written notice of the intent to terminate this Agreement; and (2) a forty-five (45) day period within which the party receiving the notice has an opportunity to cure the material breach. In the event it shall have promptly and diligently commenced the efforts to cure the breach, upon a written request explaining why the alleged breach cannot be cured within the first forty-five (45) day period, the party receiving notice may request an extension of the forty-five (45) day period. Such request shall not be unreasonably denied.
Notwithstanding the foregoing, if any Member City has been declared to be in breach of this Agreement as a result of its chronic failure to meet its Response Time Standards two or more times in any calendar year, this Agreement shall, at Medic’s option, be terminated on the second such notice of termination. The Member City shall not, in that event, have a second opportunity to cure the breach, and no further amounts shall be paid under this Agreement as to that Participating Member City. The parties recognize that in order for Medic to meet its obligations under the Master Agreement with regard to both Response Time Standards and treatment of its workforce, it may as a result of Response Time breach by a member city be required to employ additional personnel and put on extra vehicles and those vehicles and personnel cannot be taken out of or put back into the system on an on-and-off basis.
Notwithstanding the foregoing, or anything in this Agreement to the contrary, in the event that Medic is given notice of material breach or notice of intent to declare Medic in material breach pursuant to the terms of the Master Agreement, due to the acts, omissions
18 or performances of a Participating Member City, the notice and opportunity to cure period shall be shortened to the extent necessary to permit Medic to timely cure or avoid its breach of the Master Agreement. By way of example, if the SEMSC or Solano County EMS Agency provides Medic with notice of material breach specifying acts or omissions of the Participating Member Cities or any of them as the cause thereof and states that the Master Agreement shall be terminated if such breach is not cured within thirty (30) days, then Medic shall only be required to afford the Participating Member Cities with a twenty (20) day cure period.
(e) Immediate Termination : Notwithstanding subparagraph (d), this Agreement may be terminated immediately, subject to consent by the SEMSC:
(i) By the Participating Member Cities if Medic loses the ability to provide the Emergency Ambulance Program under the Master Agreement; (ii). By Medic if all the Participating Member Cities lose the ability to provide the ALS First Responder Program under the ALS Non-Transport Agreement or as to any Participating Member City that loses its ability to provide the ALS First Responder Program under the ALS Non-Transport Agreement; (iii) By either party, upon loss or substantial diminution of the other party’s insurance and/or liability coverage as required by this Agreement, effective upon the date of such loss or diminution, or loss of any permit or license required hereunder, effective upon the date of such loss.
(f) Mutual Termination for Legal Invalidity : This Agreement may be terminated by either party, as soon as reasonably possible, if this Agreement or any material term or provision hereof is determined unlawful by any court or governmental
19 agency or becomes unlawful as a result of subsequently passed legislation; provided, however, that the parties shall first meet and confer in a good faith attempt to amend this Agreement to conform with applicable law.
(g) Effect of Termination :
(i) In the event of termination prior to the scheduled expiration date hereof, each party shall faithfully perform its obligations through the effective date of termination, and shall also perform any additional obligations which are stated herein as extending beyond the termination date hereof.
(ii) In the event of termination by Medic due to Participating Member Cities’ breach or failure to perform, Medic shall be entitled to all damages or other relief recoverable under law or equity.
(iii) In the event of termination by the Participating Member Cities due to Medic’s breach or failure to perform, Participating Member Cities shall be entitled to all damages or other relief recoverable under law or equity.
8. Extraordinary Changes
(a) During the Term : In the event of an actual or reasonably expected extraordinary change in the cost or revenues available to Medic, including but not limited to a change in reimbursement methodology by Medicare, Medi-Cal or other major private or public reimbursement program which results in a notice of renegotiation of rates by Medic pursuant to the terms of the Master Agreement, then Medic shall also have the option of sending the Participating Member Cities a notice of renegotiation of this Agreement. In such event, the Participating Member Cities and Medic shall renegotiate in good faith in an attempt to reach agreement on amended financial and/or operational terms of this
20 Agreement necessary for each party to satisfy its reasonable, financial and operational needs in light of the reimbursement or other changes. In the event Participating Member Cities and Medic are unable to reach such agreement within ninety (90) days of the notice by Medic to the Participating Member Cities, this Agreement may be terminated by either party upon ninety (90) days’ written notice, without penalty to either party.
9. Indemnity
(a) Mutual Indemnity : The parties agree that the Participating Member Cities shall indemnify, defend and hold Medic harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of Participating Member Cities or their officers, members, agents and/or employees in the performance of their duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations. The parties further agree that Medic shall indemnify, defend and hold harmless Participating Member Cities, including their officers, members, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of Medic, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations.
(b) Comparative Negligence : In the event a third party claim or suit alleges concurrent negligence of Participating Member Cities, their officers, employees, members and/or agents and Medic, its officers, employees and/or agents, then the liability
21 for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third party court action against both Medic and any or all of the Participating Member Cities, the settling party or parties shall provide written notice to the other parties and the court pursuant to Code of Civil Procedure Section 877.6 of the settlement regardless of whether a confidentiality agreement has been entered into by the settling party or parties.
10. Insurance
The Participating Member Cities and Medic agree to maintain the liability coverage and/or insurance as specified in Exhibit D, which is attached hereto and incorporated by reference herein.
11. Assignments and Subcontracts
Neither party shall assign, nor employ subcontractors for, performance of essential aspects of its duties under this Agreement, without the written consent of the other which shall not be unreasonably withheld; provided, however, that either party may employ such consultants as it deems necessary.
12. Alteration of Agreement
This Agreement, together with the exhibits (which are incorporated herein by this reference), constitute the entire agreement between the parties with respect to the matters herein discussed and contain all the terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed by the
22 parties hereto, and no oral understanding or agreement shall be binding on the parties hereto. It is, however, contemplated that a joint operating agreement addressing the day- to-day working of the parties may be required and the parties agree to reasonably work together in adopting such agreement.
13. Alteration of Joint Powers Agreement or Master Agreement A copy of the Joint Powers Agreement is attached hereto as Exhibit E and incorporated herein by this reference. The Participating Member Cities shall not amend the Joint Powers Agreement in a manner which impairs the rights or legal recourse of Medic under the Master Agreement, or the collective obligations of the Participating Member Cities and its members under this Agreement without the written consent of Medic, which Medic shall not unreasonably withhold. A copy of the Master Agreement has been provided to all Participating Member Cities and is incorporated herein by this reference. Except as hereinbefore set forth, Medic shall not agree to an amendment of the Master Agreement which materially increases the burden of the Participating Member Cities’ performance without the written consent of the Participating Member Cities which Participating Member Cities shall not unreasonably withhold.
14. Compliance with Applicable Laws
All services to be performed by either party pursuant to this Agreement shall be performed in accordance with all applicable, federal, state, county and municipal laws, ordinances and regulations, including all policies and procedures of the Solano County EMS Agency.
15. Notice
23 Any notice, request, demand or other communication required or permitted hereunder shall be deemed to be properly given when personally delivered or when deposited in the United States mail, postage prepaid, or when transmitted by facsimile with confirmation of delivery, addressed to Medic or the Participating Member Cities, respectively, at the addresses set forth hereinafter. Any party may change its address for notice by written notice to the others.
Rudy Manfredi, President Robert F.D. Adams, Interim City Medic Ambulance Services, Inc. Manager
506 Couch Street City of Vallejo
Vallejo, CA 94590 555 Santa Clara Street
Vallejo, CA 94590
Jim Erickson, City Manager Nancy Huston, City Manag er City of Benicia City of Dixon
250 East L Street 600 East A
Benicia, CA 94510 Dixon, CA 94520
Sean Quinn, City Manager
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
16. Controlling Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
17. Venue, Attorneys Fees
In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano. The prevailing party or parties in any such suit shall be entitled to reimbursement of all allowable court costs thereof, including its/their reasonable attorneys fees.
24 18. Construction
The parties acknowledge that for purposes of construing this Agreement neither party shall be deemed to be the drafter.
19. Binding Effect
This Agreement shall inure to the benefit of and bind the respective parties, their successors, personal representatives and permitted assigns.
20. Headings
The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.
21. Counterparts
This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.
22. Invalidity
If any term, provision, covenant or condition of this Agreement, or any application thereof, shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable, all terms provisions, covenants and conditions of this Agreement, and all applications thereof, not held invalid, void, or unenforceable, shall continue in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
23. Force Majeure
Neither party shall be liable for any delay nor failure to perform to the extent that such delay or failure is caused by a force or event beyond the control of such party, including, but not limited to, war, embargoes, riots, fires, floods, earthquakes, strikes, governmental restrictions, natural disasters, or other Acts of God.
25 24. Waiver
The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants or conditions and all of the same shall be in full force and effect.
25. Reference to Multiple Parties or Single Party
The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.
26. Prior Agreement Terminated and Superceded
That certain Public Private Partnership Agreement for ALS First Responder Emergency Services, dated May 1, 2000, by and between the parties hereto is hereby terminated and superceded in its entirety by this Agreement.
27. Effective Date of this Agreement
The effective date of this Agreement shall be the date of its execution by the last of the undersigned parties or May 1, 2010, whichever is latest. This Agreement shall be considered implemented on this effective date.
IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written.
[ALL SIGNATURES ARE ON THE FOLLOWING PAGE]
27 Exhibit A
(Attach Master Agreement)
28 Exhibit B
(Attach ALS Non-Transport Agreements)
29 Exhibit C
(Attach Annual Dollar Allocation Agreement)
30 PPP Agreement for ALS Exhibit D
First Responder Emergency Services
INSURANCE REQUIREMENTS
1. Obligations of Participant Member Cities
Without limiting each Participating Member City’s obligation to indemnify Medic, each Participating Member City shall maintain at all times the following coverage during the term of this Agreement:
a. General liability coverage for its activities arising out of or in connection with this Agreement, in an amount no less than two million dollars ($2,000,000) per occurrence with a ten million dollars ($10,000,000) annual aggregate, which may be provided by umbrella coverage.
b. Automobile liability coverage for its activities arising out of or in connection with this Agreement, including coverage for scheduled autos, hired autos, and on-owed vehicles or, alternatively, code 1 (any auto) in an amount no less than two million dollars ($2,000,000) combined single limit for bodily injury including death per occurrence, and property damage liability of not less than one million dollars ($1,000,000) per occurrence.
c. Workers’ Compensation and Employer’s Liability Insurance providing full statutory coverage.
d. Professional liability insurance, including error and omissions, with minimum coverage of at least two million ($2,000,000) per occurrence and six million dollars ($6,000,000) annual aggregate.
e. For general and automobile liability coverages, Medic will be endorsed as an additional insured (additional covered party) on each Participating Member City’s policy(s).
Each insurance policy required herein shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice of cancellation has been provided to Medic.
f. The coverage hereunder may be provided through commercial insurance, a self-insured retention or participation in a joint powers authority, or a combination thereof.
g. Each Participating Member City shall furnish Medic with original certificates and amendatory endorsements effecting coverage required herein. Medic reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting coverage required herein at any time.
31 2. Obligations of Medic
Without limiting Medic’s obligation to indemnify the Participating Member Cities, Medic shall maintain at all times the following coverages during the life if this Agreement:
a. General liability coverage for Medic’s activities arising out of or in connection with this Agreement, in an amount no less than two million dollars ($2,000,000) per occurrence, and inclusive of umbrella coverage in the amount of ten million dollars ($10,000,000) annual aggregate.
b. Automobile liability coverage for Medic’s activities arising out of or in connection with this Agreement, including coverage for scheduled autos, hired autos, and on-owed vehicles or, alternatively, code 1 (any auto) in an amount no less than two million dollars ($2,000,000) combined single limit for bodily injury including death per occurrence, and property damage liability of not less than one million dollars ($1,000,000) per occurrence.
c. Workers’ Compensation and Employer’s Liability Insurance providing full statutory coverage.
d. Professional liability insurance, including error and omissions, with minimum coverage of at least two million ($2,000,000) per occurrence and six million dollars ($6,000,000) annual aggregate.
e. For general and automobile liability coverages, each Participating Member City will be endorsed as an additional insured (additional covered party) on Medic’s policy(s).
f. Each insurance policy required herein shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice of cancellation has been provided to each Participating Member City.
g. Medic shall furnish each Participating Member City with original certificates and amendatory endorsements effecting coverage required herein. Each Participating Member City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting coverage required herein at any time.
32 Exhibit E
(Attach Joint Powers Agreement)
33 Exhibit F
(Attach EMS Policy Memorandum 6141)
ACTION ITEM 7.A.
DATE: September 30, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
RECOMMENDATION
Receive an update on the Scotts Valley Band of Pomo Indians trust land and proposed development and consider directing staff to negotiate a Memorandum of Understanding (MOU) regarding the interim development of the Tribal Offices.
REASONS FOR RECOMMENDATION
Staff will provide an overall project update regarding the Tribe’s proposed development and their request for a Memorandum of Understanding (MOU) for interim services. The Tribe is making progress on the development of their land and has approached the City regarding a MOU for interim development activities on the Tribal trust land located within the City of Vallejo.
BACKGROUND AND DISCUSSION
Background
In 2016, the Tribe submitted a request to the Secretary of the U.S. Department of the Interior to acquire land in Vallejo into federal trust as its restored lands, for the benefit of the Tribe and in support of a proposed casino and tribal homeland project. In the years that followed, Tribal officials met with members of the City Council and City staff during the mayoral administrations of Osby Davis and Bob Sampayan to discuss the Tribe’s plans.
In July 2024, following eight years of federal review and litigation, the Bureau of Indian Affairs (BIA) of the Department of the Interior, prepared an Environmental Assessment (EA) to analyze the potential environmental consequences of the Scotts Valley Band of Pomo Indians (Tribe) proposed Casino and Tribal Housing Project, which includes the acquisition by the BIA of a 160- acre property into federal trust status for the benefit of the Tribe for gaming purposes. The Site consists of four parcels (Assessor Parcel Numbers 0182010010, 0182020020, 0182020080, 0182020010) within the City of Vallejo in Solano County, California.
The Site is bordered by I-80 to the west; Columbus Parkway and commercial development to the south; undeveloped land to the north; and undeveloped land, a City water tank, electrical substation, and Vallejo Fire Station #27 to the east. The Site is undeveloped except for several unpaved ranch roads and a horse boarding facility. Once the land is acquired into federal trust, the Tribe intends to develop a casino facility, Tribal housing, a Tribal administration building, and associated parking and infrastructure on the Project Site (Proposed Project). The federal actions necessary to implement the Proposed Project triggered the requirements of the National Environmental Policy Act (NEPA). For the purpose of the Environmental Assessment (EA) under NEPA, the BIA is the Lead Agency and the City of Vallejo is a Responsible Agency.
On July 8, 2024, the BIA circulated the NEPA EA for public review.
The City of Vallejo analyzed the NEPA EA document and submitted comments to the BIA on August 22, 2024
Date: September 30, 2025
Subject: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
addressing potential impacts on the City. City staff also participated in the public hearing on the document on July 23, 2024.
Prior to the City submitting its comment letter, the Tribe reached out to City staff to discuss the potential impacts on the City of Vallejo. The Tribe offered to engage with the City to further study and analyze the potential impacts of the Proposed Project and discuss potential mitigation measures for the potential impacts on the City.
On November 19, 2024, the City and the Tribe entered into a Cooperative Agreement that formalized the Parties’ commitment to initiating discussions and establishing a foundational framework for cooperative dialog on matters of shared interest relating to the Proposed Project and Project Site. In late 2024, the Tribe’s General Council and Tribal Council approved the Cooperative Agreement via their own resolutions including limited waiver of sovereign immunity for enforcement of the Agreement. Immediately upon the execution of this Cooperative Agreement, the Parties commenced diligent and good faith negotiations to finalize, approve, execute and deliver an Intergovernmental Agreement. The Intergovernmental Agreement would provide binding and enforceable mitigations of potentially significant environmental effects of the Proposed Project, including but not limited to:
Water Infrastructure, Easements, Capacity and Supply: Design, connection, and expansion of water services to support the Proposed Project and Project Site’s development, including any necessary easements, infrastructure, necessary supply, and capacity expansion.
Sewer, Wastewater and Stormwater: Coordinating with the Vallejo Flood and Wastewater District and the City on the establishment of appropriate easements and infrastructure necessary for wastewater and stormwater services and capacity therefore.
Vehicle and Emergency Access: Ensuring adequate access to the Proposed Project and Project Site for vehicles, including emergency services, to maintain public safety and facilitate emergency response.
Transportation Infrastructure and Capacity: Design, planning and construction of necessary infrastructure for traffic and transportation to address both local and regional impacts.
Public Safety Services: Identifying service level capacity necessary for law enforcement, fire protection, and emergency medical services to be provided in connection with the proposed Project impacts.
Social Impacts: Identifying adequate measures to address social impacts resulting from the Proposed Project, such as gambling addiction, personal bankruptcies, prostitution, drug addiction, and crime.
Other Impacts: Facilitating discussions of any other impacts identified in the Environmental Assessment or those which may be identified by the Parties during the negotiations contemplated herein.
Since execution of the Cooperative Agreement, the Tribe has funded impact analysis in the above outlined areas through a Reimbursement Agreement with the City. The following studies are currently underway:
• Water
• Traffic and Transportation Impacts
• Economic and Social Impacts
• Public Safety Impacts
Once completed, the studies will provide measured impacts and proposed mitigation measures for each of the impact areas, which will inform the negotiation of the Intergovernmental Agreement with the Tribe prior to the commencement of Casino development.
Date: September 30, 2025
Subject: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
On January 10, 2025, the Department of the Interior (DOI) approved the land into trust application and placed the 160 acres into trust for benefit of the Tribe. However, on March 27, 2025, the Department of the Interior issued a letter rescinding the site’s gaming eligibility determination. That rescission triggered and remains the subject of ongoing litigation.
On May 27, 2025, the City Council authorized and on May 29, 2025, the City of Vallejo sent a letter to the DOI regarding the Temporary Recission of the Gaming Eligibility made on March 27, 2025 by the DOI.
Interim Development of Modular Tribal Offices
On September 19, 2025, the Tribe began site work on its trust land in Vallejo to establish temporary office facilities. To ensure adequate public safety and infrastructure support, the Tribe is interested in formalizing an MOU with the City for interim City services including water, Police and Fire. Such an Agreement would be consistent with the Cooperative Agreement and would provide the City with an opportunity to deliver services on a reimbursable basis.
Future plans for the 160 acre property include an eight-story casino and event venue, 24 units of tribal housing, an expanded tribal administration center and open space preservation, including a potential creation of 3,640 jobs. The current construction does not include the larger development which remains on hold pending the litigation. The current proposal consists only of parking and two small modular buildings intended to be used for the Tribal offices.
Lawsuit Status
Scotts Valley Band of Pomo Indians v. Doug Burgum, et al.
On April 1, 2025, the Scotts Valley Band of Pomo Indians filed suit in federal court challenging the DOI’s reversal of its January 10, 2025 decision that placed 160 acres of land in Vallejo into trust for the Tribe and declared the site eligible for gaming under the “restored lands” exception of the federal Indian Gaming Regulatory Act. After the Tribe began project planning, entered into contracts, and initiated governmental negotiations based on that determination, the DOI issued a March 27, 2025 rescission letter revoking the gaming eligibility. The Tribe contends the rescission was unlawful because it deprived the Tribe of vested rights, violated due process, exceeded the Department’s authority, disregarded reliance interests, and was influenced by political pressure from a rival Indian tribe and its lobbyists. The Tribe seeks declaratory and injunctive relief restoring the January 10th determination. Both the Tribe and the federal government have filed motions for summary judgment, which are fully briefed and awaiting hearing before the U.S. District Court.
Competing Tribal Challenges
March 24 and April 10, 2025, three lawsuits were filed by other tribes with competing gaming interests, challenging both the Department of the Interior’s approval of the trust acquisition and its gaming eligibility determination for the Scotts Valley Band of Pomo Indians. These cases are pending before the same District Court Judge in the U.S. District Court for the District of Columbia who is presiding over Scotts Valley’s own litigation. The cases have been stayed, and the federal government remains obliged to defend the Department’s decisions in support of Scotts Valley.
Gaming Compact and Gaming Ordinance Status
• Gaming Compact: On March 4, 2025, the Governor’s Office accepted the Tribe’s request to enter into negotiations for a Tribal–State Class III gaming compact. The Tribe and the State met on March 27, 2025 for their first negotiation session and a second meeting was scheduled for May 14, 2025. After the Department of the Interior issued its March 27, 2025 letter temporarily rescinding the Tribe’s
Date: September 30, 2025
Subject: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
January 10, 2025 gaming eligibility determination for reconsideration, the State requested that upcoming compact negotiation deadlines be put on hold. The Governor’s Office postponed the May 14, 2025 negotiation meeting citing the ongoing litigation. As of now, compact negotiations remain paused pending resolution of the litigation surrounding the Department’s temporary rescission of the gaming eligibility determination.
• Required Compact Approvals: Once a compact is successfully negotiated, it must be ratified by the California State Legislature and approved by the Secretary of the Interior before taking effect.
• Tribal Gaming Ordinance: Scotts Valley Band of Pomo Indians originally adopted a Gaming Ordinance in 1996 to authorize and regulate Class I, II, and III gaming on Tribal lands. On January 28, 2025, the Tribe amended its Gaming Ordinance to ensure continued compliance with IGRA and federal regulations. On March 25, 2025, the National Indian Gaming Commission (NIGC) reviewed and approved the amended Ordinance, confirming that it meets the requirements of IGRA and NIGC regulations. With NIGC approval of the amended Gaming Ordinance, the Tribe has satisfied a critical prerequisite for conducting Class II and, subject to a Tribal–State compact, Class III gaming on its trust lands.
Benefits and Risks of Entering into a MOU for Interim Development of the Modular Tribal Offices
Benefits:
• Provides essential municipal services that safeguard health and safety at the Tribe’s temporary offices. • Ensures cost recovery to the City and avoids unfunded impacts on the General Fund. • Strengthens the City’s intergovernmental relationship with the Tribe. • Establishes clear roles and protocols for emergency response and water service. • Advances implementation of the Cooperative Agreement approved by Council in November 2024. • Creates a foundation for additional agreements as tribal development progresses. • Opportunity to work together on other community benefits for Vallejo and longer term infrastructure needs the City has.
Risks:
• May increase demand on fire and police resources, though this is mitigated by cost recovery provisions.
• Enforcement of terms, even with a limited waiver of sovereign immunity, may be more complex than with non-tribal entities.
• Some community members may view the MOU as linked to the Tribe’s long-term development (e.g., potential casino project), although it applies only to temporary offices.
The City does not hold any approval authority over the federally designated Tribal Trust land, the Gaming Compact
Processes, or any development activities on the Tribal trust land. This collaboration is an opportunity to work closely with the Tribe to ensure City impacts are mitigated adequately, even though the Tribe is not bound to
Date: September 30, 2025
Subject: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
work with the City by any laws.
Similar examples of mitigation and community benefit contributions for local governments who have entered into similar agreements include one Bay Area county receiving one time fees of over $5M for impacts and recurring fees of $17M a year in addition to a community benefit yearly payment towards parks of up to $30M per year and $12M per year in community grants. Another Bay Area city receives $14M a year in recurring payments for mitigations and community benefits. There is a similar sized community south of Sacramento that receives recurring mitigation payments of approximately $6-10M per year for public safety and roads. In contrast, another Bay Area city that chose not to negotiate mitigations with a potential casino development receives no recurring
payments. Working together with the Tribe to ensure the City of Vallejo is protected from the Proposed Project’s impacts is a positive way to provide safeguards so that if the project moves ahead, the impacts are fairly mitigated.
Risks of not moving forward with the MOU are that the Tribe may proceed in this process without involving the City. The BIA analysis of mitigation may not be the same as the City of Vallejo analysis on appropriate mitigation, therefore the City should not completely rely on the EA process to protect the City's interests. The City water transmission line on the property, the City water tank, and the fact that the hillside is a documented landslide zone are a few of the larger concerns that need further analysis and mitigation relating to potential future project impacts. Since the City does not have approval authority, it is a better position to prepare for the most impactful outcome and protect our City interests by working together in a government to government relationship, rather than risking the impacts without any mitigations to assist the City.
Intertribal Cooperation
The City works with each Tribe identified by the Native American Heritage Commission that has ancestral ties to the City of Vallejo.
Overall Proposed Project Concerns
Community concerns regarding casinos in general are fairly common. One of the benefits of entering into the Cooperative Agreement is that it provides the City a path to independent analysis of areas of concern that are specific to Vallejo in order to ensure mitigation reduces impacts since the land to trust was approved by the BIA. This analysis will give the City impacts and proposed mitigation to lessen the effects on the community and ensure the City is reimbursed for any services provided. The requested MOU for interim development of the modular offices would also ensure reimbursement of potential services provided. These services would not be at any level other than already provided to the community of Vallejo.
Next Steps
If the City Council approves staff to further negotiate an MOU, the next step is staff will research the impacts of the interim development of the Tribal offices to ensure those impacts are reimbursed; and bring back the draft MOU for City Council consideration. As the scope analysis of the impact areas becomes available, staff will also return to City Council for consideration of the studies and proposed mitigation of the larger casino development. This impact analysis funded by the Tribe will continue concurrently with the litigation and its pending outcome.
The next step after the MOU and litigation resolution, would be to negotiate an Intergovernmental Agreement.
Date: September 30, 2025
Subject: RECEIVE AN UPDATE ON THE SCOTTS VALLEY BAND OF POMO INDIANS TRUST
LAND AND PROPOSED DEVELOPMENT AND POSSIBLY DIRECT STAFF TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING (MOU) REGARDING SERVICES FOR THE INTERIM DEVELOPMENT OF THE TRIBAL OFFICES.
There will be additional opportunities for public input during the MOU consideration and the Intergovernmental Agreement process.
FISCAL IMPACT
There are no budget impacts as a result of this update and direction on the potential MOU.
ENVIRONMENTAL REVIEW
This action is not a project pursuant to the California Environmental Quality Act (CEQA) because it is not an action which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
ATTACHMENTS
None
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
ACTION ITEM 7.B.
DATE: September 30, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: RECEIVE INFORMATION REGARDING SHIPBUILDING IN SOLANO COUNTY AND
NATIONALLY, PROVIDE POLICY DIRECTION TO CITY MANAGER, AND CONSIDER AUTHORIZING THE FORWARDING OF “MARITIME INDUSTRY IN VALLEJO” WHITE PAPER TO THE OFFICE OF REP. JOHN GARAMENDI FOR CONSIDERATION
RECOMMENDATION
Receive information from the City Manager’s Office and Economic Development Department regarding: 1) recent legislative and executive proposals supporting federal investment in the shipbuilding industry, and 2) regional efforts to encourage state investment in shipbuilding spurred by the proposal from California Forever to develop a new shipyard on property it holds in Collinsville (eastern Solano County); and provide policy direction to the City Manager on this topic, including authorization to submit a “Maritime Industry in Vallejo” white paper to the office of Rep. John Garamendi (as well as Vallejo’s other elected representatives at all levels of government).
REASONS FOR RECOMMENDATION
Vallejo is a historic and current center for the maritime industry. In recent months, the need to strengthen the national shipbuilding industry has received significant attention from both the Presidential administration and Vallejo’s Congressional Representative John Garamendi. Earlier this year, Rep. Garamendi co-authored SHIPS for America, a bipartisan bill that calls for millions of dollars of new investment in the American shipbuilding industry to increase the number of American-made commercial vessels and trained mariner workforce. The Act is pending in the legislative process. In mid-March, California Forever representatives announced plans to build a new shipyard on ranchland in eastern Solano County zoned for marine industrial uses, a proposal that continues to be discussed at the County and State level. And, in April 2025, the President issued an Executive Order (EO) to expand U.S. shipbuilding. Following a recent City briefing with Rep. Garamendi, the Congressman requested the City and other stakeholders provide a current summary and prospectus about maritime industry in Vallejo and its role in the region’s shipbuilding future to help paint a picture of how the legislation could support the industry.
BACKGROUND AND DISCUSSION
For over 150 years, Mare Island was an active U.S. Navy shipyard. At its height during World War II, over 40,000 people worked on the Island to support the maritime industry and national defense.
Since the facility was decommissioned in 1996, the City, Navy, and private development partners have collaborated to create economic development opportunities on the Island for a variety of industries, including - to this day - the maritime industry. Mare Island has four dry docks and two building ways that are under a master lease held by Mare Island Company (MIC), the master developer of the Island. Three of the dry docks are in active use by commercial maritime businesses that do ship repair and maritime work, and one is in need of repair but otherwise available. The Island also has additional areas that could accommodate maritime industry expansion such as finger piers and formal piers at both the north and south end of the Island and a substantial amount of available commercial/industrial space. There are ferry terminals on both Mare Island and the mainland with direct service to the San Francisco Bay Ferry. Vallejo is also home to the Cal Poly
Date: September 30, 2025
Subject: RECEIVE INFORMATION REGARDING SHIPBUILDING IN SOLANO COUNTY AND
NATIONALLY, PROVIDE POLICY DIRECTION TO CITY MANAGER, AND CONSIDER AUTHORIZING THE FORWARDING OF “MARITIME INDUSTRY IN VALLEJO” WHITE PAPER TO THE OFFICE OF REP. JOHN GARAMENDI FOR
CONSIDERATION
Maritime Academy, a campus of the California State University System and the only degree-granting maritime academy on the West Coast.
Recent Timeline of National Maritime Policy
In October 2024, the U.S. Navy issued a Request for Information (RFI) for a dry dock capable of supporting an aircraft carrier. While RFIs are not contracts, this created further interest in shipbuilding expansion locally.
In December 2024, the first version of the Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act (“SHIPS Act”) was introduced, with a second version introduced in 2025. The SHIPS Act aims to increase the number of domestically manufactured, US-flagged and -crewed commercial vessels from 80 to 250 and increase the US’s merchant marine capacity. The Act would establish $250M annually for financial incentives for shipbuilding, with an additional amount of $100M annually set aside for small shipyards as well as an institutional tax credit for investment in shipyard construction and renovation. It also calls for streamlining environmental review of shipyards and port facilities. There is no obvious distinction between inland and open water facilities; both would appear to be eligible. The Act, which is endorsed by multiple maritime unions and institutions, including Cal Poly Maritime Academy, has many provisions to encourage maritime employment and workforce development, and calls for new regional maritime innovation incubators.
The SHIPS Act was referred to various congressional committees and remains an active bill in each house.
The Presidential Executive Order (EO) on shipbuilding is somewhat similar to the SHIPS Act; however, it has a greater emphasis on the defense industry compared to commercial vessels. It would establish a Maritime Security Trust Fund and a Shipbuilding Financial Incentives Program. It aims to invest in the nation’s Maritime Industrial Base including “investment and expansion of commercial and defense shipbuilding capabilities, ship repair and marine transportation capabilities, port infrastructure, and the adjacent workforce.” It also calls for Maritime Prosperity Zones (MPZs) along the lines of the Opportunity Zone program. The MPZs should get “appropriate regulatory relief” (not specified) and “beyond traditional coastal shipbuilding and ship repair centers, these maritime prosperity zones shall be geographically diverse and include river regions as well as the Great Lakes.” Staff understands that implementation of the EO is still in development and that no implementation plan has been issued yet.
Opportunities for Vallejo
While there are many unknowns on what the final shipbuilding executive order and SHIPS Act legislation will contain and how and when it will be implemented, the City’s economic development and land use policies encourage an expansion of maritime industries on Mare Island. Additional State and Federal funding for infrastructure improvements would be an incredibly useful tool to enhance the Island’s attractiveness for private investment. Mare Island Dry Dock and Lind Marine, the existing two maritime-oriented private businesses on Mare Island, employ approximately 150-1,000 workers depending on contracting, and already have training programs in place for the specific jobs needed at shipyards. Cal Poly Maritime Academy is also well placed to educate more of the maritime workforce that both SHIPS and the EO seek to grow domestically.
Mare Island Company, the master developer of the island and owner or lessee of most of the land on the Island, is a collaborative partner sharing the City’s goals for continued maritime industry.
The City requested that Rep. Garamendi include additional specific provisions in amendments to the SHIPS Act that would address the Vallejo maritime industrial improvement needs such as improvements to the dry docks, finger piers and sea wall, and the reactivation of dredging of the Napa River. The City can also engage
Date: September 30, 2025
Subject: RECEIVE INFORMATION REGARDING SHIPBUILDING IN SOLANO COUNTY AND
NATIONALLY, PROVIDE POLICY DIRECTION TO CITY MANAGER, AND CONSIDER AUTHORIZING THE FORWARDING OF “MARITIME INDUSTRY IN VALLEJO” WHITE PAPER TO THE OFFICE OF REP. JOHN GARAMENDI FOR
CONSIDERATION
in dialogue with California Forever, Solano County, and the State on including specific provisions addressing state-controlled constraints including CEQA and other regulatory constraints, affecting Mare Island. These are described in more detail in the attached draft white paper, which will be attached prior to the September 30, 2025 meeting, which staff is preparing for the Council’s information. Pending further direction, after additional research and input, staff may forward to Rep. Garamendi’s office and engaging in more conversations with local partners. It is important to note that while the City maintains positive working relationships with all the local and regional partners, businesses, and community groups who are stakeholders in the present and future of Mare Island, staff would need to embark on a full engagement effort if the City Council wishes to authorize the white paper and proceed on exploring more maritime uses from Congressman Garamendi’s request.
FISCAL IMPACT
At this time there are no immediate fiscal impacts to receiving the information and providing direction to staff.
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
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]